APPENDIXES

APPENDIXES 

Appnwnrx l.-ConsuusR Pnoouct Sarrrv CourmrssroN's Rnsponsns 

ro SuscoMMmrnn Quusuows 

Qr.lt lot: 

Attrur; 

' 

OIJESTIOI{S SUBI'IITTED FOR CHAIRI.lAN 

JACQUELINE JONES-SMITH AI{D THE COMMISSION 

l,lldan Chalrraan, ln your strt€|Ient you stress that 

deaths are projected to drop to "only" 200 by 1992. 

You also irrdicdte sorre satisfaction with the sDeed lnd 

djrection of deathE and injuries resultiflg frorrr the 

use of ATVs. ilovr rrry sitrple question to you is: Do 

you thlnk that nunber ls "reasonable?" Frankly, I do 

not thlnk 200 derths per year, dostly of chi Idren, iE 

reasonable for a recreatioflal vehicle such as this, 

The proJectcd ATY-related deethf of ?00 by 199? rri iln 

I I Iustration of the decrease in dGrths that can be 

expected as a result of the Cornmlssion,s efforts. If 

the projection ls carried further (assuuring r constrnt 

Ieyel of sales) by f995 the number will drop to 

f,pproxidately I25 deaths, 8y then,3-wheeled ATys ln 

. use wtll hrve dropped to 35,000 or less frorr the perk 

of I,590,000 in 1985. 

Two hundred deaths or even IZS deaths, which ri I I 

Include respectively 80 and S0 deaths to chi ldren 

under l6 years of rge, ls of setlous concern. 

lfhether this ls r reasonablc nucrber should be Judged 

by the statutory criterion. For rulenaklnE purpoies, 

I risk wOuld be.unreasonible, under the Consurer 

Product Srfety Act if the anticipated benefits of the 

particu lar reguldtion under study bore a reasonahle 

relationshlp to the costs of th? regulation. Thus, 

the Corr,rission rrust analyze an ideniified riEk and thc 

benefits of a proposed reguldtory requirehrent in 

relationship to its costs to 

xunreasonable." 

deteruine if the ri$k wrs 

Thls strtutory deterrrination cannot 

' 

be rrade by only exaritinlng the nurrber of injuries and 

deaths associated wlth the use of a product. l,lhen the 

datd currently being analyzed b.y the Corrrrission,s 

. Etaff (see Questlon I I ) aie coslileted the coiltxriss.lon 

ulll carefully consider the {rehsonableness,,,of 

any 

rrilainlng ideflttfied rlsks associrted with lTVs. 

Questi0n 4 regarding the nuilber of inJurles rdises the 

5il|ile t55ue. 

Ailrrrr (!o{rlrEiorrF-Grt!! 

li 

I-1Slgg wlth you, flr. Chairilan, that even a drop to 

?00 ATV related deaths by 199? is stilI too mrny, I 

(2lJ9l 

'{i 

: ti.

qucst{on.?r 

Anirer: 

al 

The CoilrilriEslon has conducted various survevs and 

studies of hov effectively dealers are enfirclng the 

consent decree, As I understand it, in Decenlber l9BB, 

the Co,l,rission found approxintately 70I non-colrpl iance 

in_its Virginia survey. llore recently, in the study 

released in Ilece"rber 1989, the Corrurission 

characterized as "alarulng" the finding that rilore than 

half of al I ATV dealers nationr{ide are recourrendlno 

adult-sized ATVs for use by chlldren under l6 yeari of 

age. l,ly questlon is: How do you account for the 

c0ntinued probleu in getting dealers to adhere to the 

agreeilent? Are the ilanufacturers dolng a1 I they 

Ehould, are they using their',best efforts?,, ilhat 

ilore can be done? 

The dedlers have e strong lncentive to encourage the 

sale of adult-sized ATVs for the use of oersoni below 

the recoililrended age; flailely, to hrake a$ htany sales aS 

poss ible. Unti l the results of the Connisslon.s 

recent survey tiere brought to the attentjon of the 

distributors, I do not believe that the djstributors 

uere doing al I they corrld to obtain the cooDeration of 

their dealers in reconl,ilending only appropriitely s.ized 

ATVs. I belleve that the rrost irrrioriint thing that 

can be done at this tlrre by aistributors is t6 

lnitiate terilination proceedings against dealers Uho 

oo n0f t0 | tow tne age recoxtnlendations and for the 

distributors to nronitor their dealers on a regular 

basis, The coubinatlon of donltorinq and strict 

enforce',rent of the terlrs of the distiibrrtors, 

franchise agreeiltents by the initiation of ter,,tination 

proceedings should increase the rate of cooperation by 

dealers. In nry vley, the distributors rtust realize 

that therrbest efforts. provision of the decrees 

requires a continuing obl igation on their Dart to 

ensure that the agg recoililendations are being ful ly 

corrplied with by thejr dealers.

qu.itlo|| .l 3 

Ansver r 

242 

I rant to explore further exactly what actlons the 

various danufacturers have taken when presented wlth 

evidence of non-corrrpliance by their dealers. The 

Conlrission has conducted rilany surYeys ind exahrlnatlons 

of dealers and, in general has flot found a high rate 

of corrrpliance. t{ow, I t{ant to knot{ Hhat the 

Corrrurission doe$ Hhen it finds non-coilpl iance in terds 

of notlfylng the ilranuf,acturer and insisting upon 

enforceilent. How exactly do you go about it and vrith 

r{hat results? For exarrrpler how irrany instances lre 

there of nhere the distributor was forced to llft a 

franchise frorr a dealer for non-coH0J iance Hfth the 

c0nsent decree in selllng large sized vehlcles for use 

by children, 

The fol lovling lnforrnatlon ls provlded as to the ilaJor 

provisions of the decrees; 

Stop sale and repurchase of three-fheeled ATVs, 

In those fevl lnstances .ln flhich ths Co[ruission learned 

that three-uheeled ATVrs rehreined in a dealer's 

lnventory, the dealer and distributor in question were 

contacted afld asked to take it'ilIediate acti0n t0 assure 

that the ATVs were not sold, The Corrrrission's staff 

is avare of only tvJo instances ln Hhlch a dealer 

continued to refuse to cooperate in the repurchase 

prograd, The distributor has taken action to 

t€rxrinate the franchise of those dealers. 

A9e recorfldendations for operdting ATVs. 

After the Conurlsslon's Vlrg{nia survey, and in 

response to the Cordrlsslofl staff rs requestE, the 

dlstrlbut0r$ sent nrailgrfltiE to aIl ATV dealers 

rehrlndlng thenr of the need to strictly foI lo|{ th6 age 

recoxrilrendations and warning thdt terntination of the 

dealer's franchise could result if the age 

recoilrtrlendations were not fol lOHed, The diStrlbutOrs 

also agreed to enhanced contacts wlth dealers 

concernlng the age recorrrlrendation requlreileflt, 

includlflg regional and district sales nanager nreetlngs 

with dealers to errphaslze the absolute nccessity to 

adhere to the age recoxlnrendationE, 

Also 1n response to the Corrrrrlsslon staff's reque$ts, 

and pursuant to the coflsent decree, the distributors 

t00k steps to,ilodify dealer agreeilents to asgure that 

such agreeilents iuposed a contractual obl igation on 

the dealers to coi,rply vrith directlves of the

243 

dlstributors under the consent decree, lncluding 

dlrectjves to adhere to the age recoil{,eildationE in the 

sale of ATVs. 

Based on the xrost recent Comuission Eurvey of ATV 

dealersr I bel ieve that the trtost ihtDortant actions the 

distributors can take to ensure that dealers fol loH 

the age reco',r'rendations in the decree is for 

distr'ibutors to utonitor dealers by undercover 

lnvestigations on a regular basis and to initinte 

terurination proceedings against dealers who rrake 

representdti0ns contrary t0 the age recoiltilendatjons. 

CPSC and 0epartrlent of,lustice attorneys have been 

negotjdting with the distributors to obtain an 

adequate progratrr of trronitoring corrbined with 

ter,rinatjons, where approprlate, I hope that these 

negotiatiofls will be successfully concluded in the 

near future. The Corlilission,s staff kno*s of at least 

I2 cases vhere the distributors have aoreed ro 

initiate ter,ilinati0n proceedings and eipects xrore in 

the future 

Labels. 

Since the Comrrlsslon's staff hes not found labellng 

violations t0 date, there has been no need to seekcorrect 

i Ye act i on. 

Hang ttgs tnd posters. 

Following the results of the Conrmissionrs 

lnvestigation in June and JulJ 1989, a nuilbef of 

dealers were identified who did not dlsp lay the 

lgquired safety poster and/or hang tags, The 

dlstrlbutors have been inforned of the jdentity of the 

nonco,dplying dealers and have been requested to take 

steps t0 ensure that the required safity iraterial is 

p0sted, 

Publlc atareness sedla clrpeign. 

A Cortlrlsslon review of reports requlred under tne 

decree revealed no lflstances of nonco,tpllance with 

either this requirenent or the requiretrtent for the 

establ ishilent of an outreach progran. 

Prorotionrl rds. 

Al I pro,rotional dds are required under the decrees to 

De sub'ilitted 

for revieu to the CorluiSsion,

244 

The dlstributors.hfryc subxritted varlous pri.nt and 

television oiorrrotlonal ads to the.Cor,rulssion, Such 

ads have been reviewed by the Corurrission's'staff to 

deterurine ilhether the required safety inforrdation ig 

set forth in the manner descrlbed in the consent 

decree, The few potential violations were discussed 

with the distributors to ensure that they did not 

continue to occur. 

Tra I n lhg. 

During FY 1990, the Coirrnisslon plans to exaulne sll 

aspects of the trdining prograhr, including the 

effectiveness of the distrjbutors' uarketing efforts 

lfl attetrrpting to get people t0 take the course, the 

accessibi I ity of training sites thrughout the 

country, and the codpetence of instructors in teaching 

the course ln accordance uith the approved curriculuur.

Qurrtlcr.!: 

An$rer: 

u6 

lly lHprtsslon i s that tht con5ent dccrer hes hrd r 

lii,rited i,ilpact in reducing dedths and inJuries. It 

appears that injuries hdYebeen 

reduced to sore extent 

and have now levelgd off , but the question rexlains of 

whether even this loweredlevel 

r'rav still be an 

u r i c s . ---r 

e c eilt -p unreasonable nur{beE .of .in 

Fo-Je c t i o n 

iNated injuries 

involving four-wheeled ATVs have leveled off...the 

graph shows ... forr vheeled ATY related injurles 

staying at about 29,000," I{ow, vhen you cotrrbine thesG 

facts Hlth the knoHn statistics about deaths flot 

declining significantly, wouldn't you have to coilre to 

the conclusion that the consent decree has gone about 

as far as it can go, and noH the Cot,rurission trrust once 

dgain grapple Hith the question of whether the injury 

and death rate froil the use of these vehicles is 

unreasonable within the ueaning of the statute. How 

do y0u respond to this analysls? 

Answered under I

Queitlon . I I 

AnsYer l 

246 

I reNllze that the i{anufacturers have spent literally 

rrilllons of dollars in lnforrting people of the rlsk of 

riding these vehicles' but lsn't any benefit frorr 

publ icity iust terrporary? In fact' the Corruiss'ion 

staff has stated, "The effect of the publ icity and 

dedia releases appedred to be tertporary..," Ifrour Rae 

l{ennran docuilent "ATV related Iniuries: Trends and 

ProJections" supplied to subcoilrilrittee by CPSCI In 

percentage terrns, what is the effect in reductlon of 

accidents of various forNs of notice, and hovJ long 

does this last? 

The observdtion ilrdde in the Ilewrian docuurent referred 

to in the question was with respect to the adverse 

publ icity about the use of three-wheeled ATVs that 

accoillpanjed the final approvdl of the consent decrees. 

The decrees, howevet, requlre rrany forIs of notjce 

about the risks involved in riding ATVs. The safety 

rtessages are fepeated in lrany forrrs, including 

proilrotiondl advertJsing, postersr hand outs, ownerS 

rnanuals, an ln store video, hang tags and perilanent 

labels. Thus, with repetition and with the constant 

renrind€r of notjces on Iabels and in owners ltanuals, 

retention of the basic rressages should be hlgher than 

with seeing or readlflg a news release once or twice, 

Each 0f the safety ilressages requlred for ATVs was 

conrposed by dpplylflg est.abl jshed p|i nciples for 

changing behavi0r. By using sinrple text, enrphasizing 

key words, requiring Etdndardized 5ignal co'lors, and 

opti,rizing placeurent, the Corrrrission's staff 

iilrplerrlented the best xlethod for corrtrrunicating the 

hazards to the user population. Unfortunately, lt ls 

n0t p0ssible to quantify accident reductions based on 

various fornts of notice, either with respect to ATVs 

or ln gefleral. There has been no research that has 

been able to isolate the effects of rresEages ( labels, 

hang tags, etc.) frorr other influences such as reduced 

sales, training, experience, or product design 

cnanqe5,

qucEtlq!.q; 

Anrrrr; 

247 

Slmilarly, ry lupresslon l3 that lh enoruoui lflount of 

energy, tiile and doney hts gone into project$ such as 

training, |{lth very oinirral i'dpact. For exatple, the 

Corrrrission's onn Study of trends and proiections in 

ATV inJurles flnds that "If tralning was taken by 

db0ut l0 percent of the purchasers Iof new four 

rheeler AiYsl, the reduclion in risk would affect 

dbout ofle percent of the ATVs in use; this would have 

a ninimurn effect on inJury reduction," Nol rry 

question is tvofold: l-Just what percentage of ne* 

purchasers actual ly took the training; and 2-Hhat, in 

your viev, Has the irrpact of this requireilent on the 

consent decree? According to figures required to be 

EUpplled to the CP5C,2{0,'l96 vehicles have been sold 

since the consent decree and ?7,234 peop'le hdve been 

tralfled. This is only slightly over ll percent. 

The Japdnese dlstributors of ATYs, in their Iatest 

quarterly update, have reported to the Coxrillssion 

thdt, for the period 0ctober I,1989, to Deceurber 3I, 

1989,30.9I of new first tiue ATV purchd$ers without 

previous ridiflg experience and uerrrbers of their 

lxruediate faurilies Here trained. The overall figure 

since the progrrfl begafl is 13.81. These percentages 

are calculated by dividlng the nuNber of first tine 

purchasers and fauily nenbers tralned by the nurrber of 

ATVs sold to purchasers rithout previous experlence, 

Besed on these quarterly updates there appears to have 

been a trend upward of the percentages of first tirte 

purchasers trained since the prograilt started. The 

overal I figures are lower becruse of the startlng up 

period Hhen instructors Here beinq tralned and 

training sites selected, 

Durifig FY I990 the Counirsion plans to exanine aI I 

Nfpects of the tralnlng progrtil,

qqlttlqn q: 

Anircr: 

249 

0ne of the ergudents contlntral ly rrade by nanufacturers 

of ATVs ls that it is unfair to stress the death and 

injury figures froil these vehjcles wlthout rraking 

co,,rparisons eith slililar statistics resulting frorr the 

use of other xrotorized vehicles, such as snownrobilesr 

Irini-bikes, trail bikes, etc. l.lhat is the 

Courrission's response to this argutrrent? l.Jhat are the 

relative dangers frou ATVs as opposed to these other 

vehicles? Does the Courrrission or anyone else have 

rel iable exposure data on these other vehicles ( i,e, 

how often are they used) so exact corilparisons can bG 

uade? 

tle bel{eve the Cotrrxrission's stdteilents about the 

deaths and injurjes frorr ATVs are falr and consistent 

uith the risks shonn by available data. Through 

the National tlectronil Injury Surveillance Syiterr 

(NEI55) and death certificateE, the staff has 

docurrented the relatlve frequencles of injuries & 

deaths related to the urotorized vehlcles under our 

jurisdiction (Tables I & 2). 

IADLL I NU}TI IAL LHLKhLtrLI KUUII IKLAILU INJURIE5 

(Calendar Years I 985 Throush I 989 ) 

Three-whee I ed ATYs 

Mlnlbikes 

Four-wheeled ATVs 

Mopeds 

Snowrrobi Ies 

Go-cdrts 

Go lf Carts 

Dune Buggjes 

74,300 67,500 49,5oo 29,800 29,600 250,700 

35, 'I 700 z6,6oo 26,300 25,300 22,800 r36,700 

l,600 r8,9oo 27,900 33,00028,600 

t?0,000 

2 1 ,900 ??,60020,400 

r e,600 r 2,800 90,300 

l?,700 lr,80o l 0,3oo 9, 1 00 1 0,000 53,900 

7,600 7,400 5,800 5, t 00 7,000 33,900 

3 ,900 4, 500 3,500 5,600 3,500 2 1 ,000 

I,8oo 900 I ,400 I ,600 1 ,000 6,700 

ilational Electronic I njury I ance Systerr

zffi 

lrlotorized yehicle deaths reported ln the CPSC Death 

Certificate Data Base are shoHn ln Table Z. The 

totals presented lnclude only offlclal death 

certificate$ and, therefore, are less than other CPSC 

stdff studles based on estiilated total deaths (which 

lnclude certlf{cates, newspaper articles, and other 

sources). Nonetheless, they are Frovided because thiE 

ls the uost reliable data base courparing the yarious 

typeE of vehicles, Alsd, it should be noted that l9B8 

l5 the last year for vrhich corrplete data on deaths are 

Nvallable, because of reportlng tlrre lags frou the 

States. 

TAELE 2 DEATIIS TEPON,TEO IT TIIE DEATH CERTIFICATE DATA BASE (CPSC) 

Crlendrr Years (1985 Through 1988) 

ThrcG-rh6cIed ATYi 

Four-rh6Eled ATYE 

$nor.obl ler 

Dune. Buggles 

lllnlbikes 

Go-crrti 

Golf Crrts 

||opedg 

1985 t985 1987 f988 Tota I 

f05 97 85 53 

13 48 55 55 

s2 $5 62 75 

14 72 t0 t3 

l 5 1 3 5 t 3 

1 0 t 3 8 5 

5 1 7 5 

0 6 ? . 2 

341 

t82 

244 

f9 

17 

36 

l8 

l0 

Clearly houever, these figures do not by therrselves 

glve the st0ry 0n relative risk. An asiessrrent of 

rlsk requlres inforilation on the nurrber of vehicles, 

and the h0urs of use for those vehlcles. For exahrplg, 

ATYs can be uSed all year round, whereas in rrrost oi 

the U.S- sn0Uilobiles cdn only be used for a few ilronths 

each year. Because of lirrited resources, CpSC has not 

been Nble t0 col lect rel iable exposure data on other 

rnotorlzed vehicles such as snourlob{les, mini-bikes, 

trail blkes, etc, Unfortunately, such data have not 

been readily available fronr othbr sources,

Question 9; 

lnrrer: 

u51 

As y0u knoH,.several yenr5 ago the Cotrthtission began 

its regulation of ATYs bJ pro'.lulgating d ilotice;f 

Proposed Ruleuaking, and that notice is sti I I 

operative. Also, the Colrmission has htade ATVs a 

pr]gritV iterl for several years, speading over one 

rrillion dollars on this ilatter in iiscal-'88 and,Bg 

and altrrost a rrilIion dollars in fiscal 90, Now, rry 

question is: l{hat are your plans 

'investigation 

for the ATv 

for the future? Hhat will you do about 

the open N0tice of Proposed Ruleuaking? Hith the ATV 

priority project? 

The Corrnis$ion riII, of course; continue r,ronltorlng 

and enforceurent of the consent decreeE, The 

Corrrrission's staff continues to analvze the accident 

data on four-wheeled ATVs to see lf inv reouirenrents 

in addition to the distributors,agreeurenti on lateral 

stabi I ity are needed to further reiuce the nurrber of 

accidents associated with these vehicles. If there is 

a satjsfactory.resolution of the latera'l stability 

issue later this year, the Corrnrission would be in a 

p0siti0n to cons ider withdrawing the Advance llotice of 

Proposed Rule'ilaking. Any necesiary ATV activities in 

the future yi I I contlnue under the 

ElectricaI/MechdnicaI/Chi ldren,s Hazard prograil,

.gs:.!ls3;Iq= 

AngreF: 

252 

I Hant to inquiro into the lilpact on future acti6ns by 

the Corrrrission of the acceptance of the perfortrrance 

standard by the Comrrlssion and the industry in 

0ctober,1988? As I read it, a Section I action to 

ban a product requires that there be "no feaslble 

standard." Now if the Conutission has agreed to a 

perforrlance standardr wouldn't this preclude any 

action under Section 8? Cortltlssloner Grahdil xtay want 

to address herself to this questlon also' since I 

understand she voted againt the acceptance of this 

standard. 

The prevlous f{ndlng by the Connrrlssion that ths 

voluntary stdnddrdr t0gether ulth agreenreflts 

concernlng lateral stability, vrere "satisfact0ryrr ln 

the context of the consent decress would not ln afld of 

Itself preveflt the Corrrrission fror,r taking action on 

ATVs uflder Section I of the CPSA, The ful I language 

in Section I about feasible standards rrakes lt clear 

that a stdndardr ln order to preclude a ban under 

Section 8, rrust be one that adequately reduceE the 

risk, i,e,, that reduces the riEk to the point that 

it is no Ionger unreasoflable. Thus' the relevant 

consideration with respect to Section 8 ls not uhether 

the Coilurission had prevlously indicated a standard was 

satisfactory (in this case, satisfactory ln 

relationshio to vrhat it was thouqht a standard could 

achieve), but rhether the Corrrrrisiion could deilronstrate 

that an unreasonable risk continued to exist desDite 

any reduction of deaths and injuries that could be 

attrjbuted to the standard. At the prEsent tiner it 

is not clear that the Corrrrission would be able to uake 

this finding, 

AilrYer (Corrlr loner Grahar): 

Please see attached ily stateiilent ofl Hhy I voted 

against the yo:lufitary standard. This text exptesscs 

dy grave reservations with the voluntary stdnddrd, 

I sti I I bel leve that there exists enouoh of a chence 

thet a court would find that the Conniision Hould be 

precluded frorl a Sectlon I actlon bJ havlng accepted 

the voluntary standard as adequate. I Hlll continue 

to follow the progress of the voluntary stafidard 

closely. llhile I hop€ that the voluntary standard 

wiIl be effectlve I ylll be eager to s6e vrhat th€ 

eyrluation wil I be HheI lt ls coillpleted.

253 

U.S. CONSUMEFI PFIODUCT SAFETY.COMMISSION 

\NASHINGTON. O.C 2O2O7 

' Decision On ATr' Startiard 

October 28, 1988 

llodlay I vlcted agailst t-he AII/ volEttry etddErd tecause thG lrlbli.c 

has not been giverr arl oForhJnity to cttrEnt an tle AIv standat1l aIrt tlE 

lnterifi agre€fiEnt cn l"ateral. stabllttlt Fdq'osed tty thE A$/ wflrfactrrrere 

prior to to a Cfirtrission drcisLfi on flhetlEr t}e standarl atli t}e 

intertrn agreffirt 

"saaisfacorily' *.H'.EB t-tc hauards F:eEerted by 

ATVs. lhe safety hazards assei'atfd rrith Atlls' aa EIL aE the rraficira 

aprroaches that ccrrld be splctyEd to r:esolve tln86 hauards has been m 

oithe rcst hI$rly debated arrd ccrtruvereial isstru lrr t-tr-is camissLfirra 

histcrrlr. Befrc t}e Csnnisslcrr gives itg to eit$er this 

stardard or the lntErilll aqtreeli:fit' r beliete it is essential tnat th€EG 

be an cprportr.uritlt for neanirryful prblic catut. 

ltE need for pblic cqnrent Is }FjghterEd hy tlte fac+ that h 

decfdj$g uhether tfre standardard the aqtredlent a.re "satiefactoryr, 

tJre 

Canntssicrr llill be follorjlg a Eft.octdurt that ccrr]d easily lead it 

drtside the stafirtorY frarencrk of secticn 9 of the GSA. Itris 

procedure hae ne\rer be'err utiliaed Liy tlre Cctttisslffi i]l decidfuEl whetlleE 

I rolr:ntaqr BtardErd is adeguate. It arises becf,Ee of a provlsicr 

crontaired irr the AIV Fi$at cotsElt Desee' 

section L(2) of the fiEl dectee requir:ed t}le defetdents tD 

att€npt, in gocd faithr to reaclr agteert crn riolrrrtary standafid.E 

nsat-iifactor]r" to tle Csrmisslcn rr-itnirr fcrur mrths of tie cctrt's 

al4rrdval. of tln detree. FED S[,(2). rtre prtpoeea dEreJ.cDGd 

a.rring this fflrr lffirtlr perind curtairrs certa.in reqlqfiry 

AMcrfiguraflion (e.q., footg|lra$t5' L8akes, clirtch afil gear stlifE 

ffirtrolB) ; Ycrrth vetricles {e.9., sped ].imitalicf,ut cn lll'tra tecfiEstdcd 

for rree hty ctliLdren si;t to tl#lve years of age) ; ard Ferfwore 

nequfrerrErtts (e.gr., sewice arg partcirry br:eke perfotflErrce ard-rusr*rd 

pitdl stEbilityl . Itre starderd itself does mt ccntai-n a provisi.ct 

Siefitj-ttE tjre laterat 8tab11iw (resi-stafltr€ to rcIlo\rerl of lf,lrB or a 

provisicr protribililq the wrthued sa-Ie of mll sieed AII/s for use by 

drildrsr urder 12. 

28-78tO-90-9

zil 

In deciillrrE !&etjcf tiis rtsndariA ia ieetirfactuy', 

the Conrdssicrr 

afperently rdill be arployirrq criteria different ftcm those fcltrd ijr 

Section 9 of the eSA. Tlpically, wtffi Ure Cottnission decides whether 

it should rely crl a vblrrlt8-rf/ Etardard d€rrElcFd ir.r resglcrrse to an 

Ad flcrd Notice of PraFosed n:kllelcijrg (ANPR) it applies the teat fourd 

ijl s€cticn 9 (b) (A) of the es;A. Becdrse flrls seceion df tle srafirte 

al.lom a r;oluntjrlr stErdard to fi.q4rlant nardatdry nrlefirakfuqr, it 

L-eqLli.res the Cdrmission to affi-unatiriely fird that cfiE)liarlce with a 

vo}.Ertaty 

reduciitrr 

BtEbilityl, 

stardErril is IiJ

255 

t}re p:blJ.c idll rbt lsr\r rfiich Al't/s herrE t.tc higher stablltty l$nlt 

Bi$ce nelther tJre Cqrmiseion ff t}le [EJilrfacEuJiers are prblicly 

dlscloeilg tlle KBt \,'alues of tlE AIvs ttlat hat e beer teeted. 

tilrat is Fartjcularly ttrrblirq abort tJte latelal stability issue Ls 

that thc Csrmissitrr fs befury a.Ek*l to treat tht f$le separate aryestEftts 

with irdivjdrsl flrrns rt thf,ryh Urery rer:e coJLectively a rrclrrrtsty 

standard aa set forth in s€ctLon 9 (b) (21 , s1++llantirlg tlr€ reqtrLdtEry 

IrriEoESE6r of the CfiBigsLdl. I bcu.eve it ls slear that th. lntcnt of 

Eeciicn 9(b) (2) ls to allcr,t an edstirry, effectlrre voll.Elta4t stedafit to 

nitigatr tlre rE€d for fede:al ru].aal

256 

rsr abrogate ttrat rcspcnsi:bility Ly rl:shjjrg| to JudErEIIt or a stErdErd 

that raisee aa rfldrry qlltstLtrls Es lt anat'Err8. uhdoub'tedly, parLB of t]ris 

rtardard repacetett rcal purcgtess for wtr-ich t}e ifie:stqf elnuld be 

cffi€ttdBd. Cttlcr parts, hcrever, ar:e ptdlematic. ftr an isEue a.a 

sarLcilE ae thie, Irlbtic accoutaUfffty Is bert e€Er€d by allovlng the 

atltdFrdr'aa reu as t}f lntarln egB'eenErtsf to underyo the pblic 

cdtEnt lEaeras before the CcEricsicn g{ves it+ sesl'of aEErdlrel h4t 

fIrdfu€| that tle hdzard8 a.eaoclatEd w'ith Aws have been "Eatisfacttrily" 

ddreaeed. 

'

257 

Ansrer (Commlssloncr 

Duson - Statelent Attachedl 

U.5. COI']SUMEFI PFTOOUCT SAFETY COMMISSIQN 

\4/A5HtNGTOr.r. O. C. eo207 

STATEHEIT OF 

cot{r.'trssroNER cA-RoL G, Dlllsolf 

REGARDTNG COMHTSSTON DECISION ON FROPOSED ATv VO.LTJNTASY STANDA-RD 

NoverEber 14, 1988 

ft is critical, both for the sake of our 3lfety goals rrrd fot the sake 

of sound public policy, that the Comissionts fecord on the issue of A1vs 

be reasona.bLe and consistent- 

The Comission's 

ptoposed ATV voluntary 

action of Octobcr 2tt, 1988, ln whlch 

standard on ATvs 

it dccrned tht 

"satisfactdry'Pursuant to 

provisions of the Final cdnsent Decrees 6n Atrys, should hot be taken out of 

conter{t. 

propdsed 

since f supported 

voluntary standard 

the najority Position 

as 

(i-e-' to consider the 

"satisfactory" in terns of the Fina-l cohsetrt 

Decrees) r concur substantially with nany of the points made ih the 

Chaiman's statement of November 9' 1988. Houever, r ptefer to eddress E 

few of. the 

emphasis. 

more controver,-sial issue-s myself as a natier.of P"t=ot.-f 

.- . 

First, comissioner Grahm's allegation in her statmeflt of October 

28/ 1988 that the corunission nay have acted outside its statutory cxiteria 

under.section.g(b)(?) of the cPsA doEs not teke into.account the faci that... 

the Comission has alreadv proceeded under its sectioh 12 "iminent 

hazatd" 

criteria' Pursuant to tnat action' which r suPPorted' the goverffient 

has reached an agreenent/ alrFrdeed b1r a federal judge. which Provides for a 

comple:r, multi-faceted renedy to aCdress the risks of injury 4ssociated 

with ATvs. . what the Comission has done in considering the vdluntary 

standard submitted 

CPSC staff--is to 

by inCustry--developed 

"hake 

a finding" that 

in close cohsultation with 

the standard is 

"satisfactory." 

the 

Staff has never clained. either now o: prior td the filing of the Section 

12 action, that a single aPProach--whethef it be f,andatory rulenaking, 

voluniary Siandards, or any other option--would adequately address the 

deaths af,d injuries associated with these Products. 

Our knowledger.bk arrd iledlcated star-f has lssured us thrt thle i5 thc 

best standard possible, and that it essentially enblaces the najor efements 

of the proposed standard which they origina.Ily dfafted- They also affirm 

that the industry complied with the ngood faith" pruiiision Ln the consent 

decree during its develoPnent. 

The cotclission did not concede industry's position uith rrgardl to 

leteral stnbility. Both goverment and indusiry have pledged to continue 

to eor-k tdHard a resolution of that problen' with the gdvernment 

EFecificaltv retaiiling the d-dtion of proceedinE to mahdatdrv ruIemaking if 

lncustry Coes not achieve a solution. f u Elso reassuted by'L\e kncrvledqe

?58 

that this new stanilard FilI be subJccted t6 the ANSf .or=.r=o= process. ft 

is my presumption, af,d one shated by staff, that any eventuaJ. stanCard 

achieved j.n the Lateral stE_bility area kould also be su-bsequehtly suhm.itted 

to ANSf. ft certain-ly wdu1d be if, the best ihterests of the industry to do 

so- 

With regard to the highly technical isEues of conrarative stabillty 

rating reptesented by various levels of Kst, staff addressed that quite 

thoroughly in its briefings, t{hile evefyone wduld prefer to achieve 

overnight the ideal of 1.0 as a mininum Kst, stafi cannot assure us that 

such a new standard would provide neasura_ble safety results- As far as 

handating fa-bels on ATVs to indicate their reLative sta_bility through the 

use of the Kst rating, there are many sound reasons why this is not yet 

possible. civen the cullent state of technical knouledge, Kst ls only one 

elemeht of stability, Other factors, such as steering, engine size, rirpe 

of susl]ensionf type of terrain, aid so on, cohbine to produce the relative 

sta-bility or insta-bility of the vehicl.e. Thus, it sinDLy would not be 

meaningful to mandate labeling in such a fashion at this tifre_ At some 

future pdint, f could certainly sup1lort a re_Iia.ble method of identlfying 

fo! consumers the relative stability of the various frdciers being nar.keted, 

uhen sufficient data becone availa-bLe. 

f reject the argment that the proposed stalndard ls insufficient 

because it does not ehconFass chitdren's nodefs- No nanufacturer cu:fentlv 

markets such models nor do they intend,to do.so, 

Fihally, we shou-ld rnake it abundantly crea.r to the pubric that finding 

the standatd 

"satisfactoF/" 

pursuant to the unioue teflrs of the 

court-approved consent decrees does not cqual an 

,'ehdorsenent." 

The 

comission does hot issue "elcorsenents" 

of voruntary siahdaEdE even whefl 

it defers to them under the terns of Section 9. 

since the FroFosed stardard ulll be sulnitted to the ANSf consensus 

process, and since the comission has decided ro encduragre cohsumer input 

into the ANsr Frocess by its published reflest that such coments a].so be 

made available td CPSC, I could hot see any need to delay our decision. 

rndeed' to have done so m.ight have jeoparrti-zed the orderly development of 

the overall Afl/ sefety effort is provided for by the Fi.nal consent Decrees. 

civen the enomous mduntg of noney and tine devotcd to find.ing 

solutions to the ATV problen, we Eust act in a res-nonEible manher as the 

details df the goverment-industry agreeEant are irplemehted. ft is ny 

personar vietr that the stardard at issue here uust be viewed as part of thd 

Fhole. None of-the other reuedies, i-e., training, j.hfomation and 

education, labeling, etc,, Hould stand on their own as safety measures. 

Taken as a whole, thay should make a hajor contri_bution toward reducing thr 

risk of injury. 

Glven the unaimouE support by the C-DSC siafi for this proposed 

standard, alld givefl the fact that no viEble altetnative is in_sight, f 

believe that to have rejected this proposal Hould not have been in the 

public interest- 

t' 

,l:"{

g:.rtttcr.ll' 

Anstef: 

259 

I understand th6 CoHulsslon has e |l|aJor exPo$ure and 

I njury survey under*ay of the exPosure patterns 

involiing ATVs, simi lar to the study undertaken by thE 

Coilillssion in 1985, and the data frort this study 

should be avai lable by the end of I990. l,llhat wi I I the 

Conillssion do then Jf the inJury and death data shoH 

no slgnificant decl Jne? 

It ls ny understanding that the analysis rlay n0t shor 

anything s ignificantly different frorl the decline in 

injuriei and deaths than ile haYe already shown for FY 

'|989 

and hdve projected for later years. The survey 

resu lts hoHever, are pri'ilari ly lntended to detertrline 

r{hether rrore stringent lateral stability requireNents 

are necessary. Addltionally, the Cortrtission's staff 

will be able to exanrine any shifts in injury or use 

oatterns. This will allotr a deterrtination of nhat 

factors ( i.e. driyer or vehicle characteristics) are 

assoclated with inJuries, and identjfy the 

contrlbuting frctors (i.e, Isteral stabillty' etc) ln 

inJury scenarios, 

Uhen the data currently belng aflalyzed by thE 

Corrurission's staff are conroleted the Courrlssion ulll 

carefully consider the "reasonablenessr" of any 

reilaining identifed risks associated |{lth ATVs.

qucrtfor. le: 

AnsYei i 

260 

As you.knou, Judge.GeselI, ln h{s ordcr approving the 

c0flsent decree, uade one very slgnificant'bhangel He 

reiterated the duty of the Corrurii$ion to take inother 

Iook at the ATV safety issue if, and I quote,',should 

the consent decree prove lneffective after a 

reasonable period." The Court also elirilinated the 

requirerilent that there be "new and substantlal 

evidence" before the CoNrri$sion could take another 

?ook at its duties trnder the law t{ith reseect to ATy 

safety, The Court said,',if the decree is noE 

effective in reducing dedths and serious iniuries 

after a reasonable period of tirre has passei for the 

decree to be te5ted in practlce, CpSC rrtust be free to 

proceed wlthin the frarrework of the statute ano 

consider yrhat_further pr0tectjon for the public nray bs 

necessary. " 

I quote th i s passage because it referi 

spec if ica I ly to ',reduc 

inc deathi .and . serlous 

i n j u r i q s , 'r 

I waITTE-k-n''6ffi!'ETTftfl6"fll"FFfi' t h e 

Lorr[rr5s]on p tans t0 take another look dt the consent 

decree to deterrrrine whether lt has been ,,ineffdctive 

... in reducing deaths and $erious inJuries after a 

reaS0nab le tiilte has p65596 ... 

', 

Under the final consent decree at paragraph q, the 

coilrdission_,ilay',proceed adrrinistratlveiy irnadi Sectlon 

rb or f,ne f,onsu,ier product Safety Act, Sectjon lS Of 

the Federal Hazardous Substances-Act,'or both ,,, if 

it deterilrines, after Decerrber 3'l, '|990, thai a further 

and ilr0re extensive rededy, including recdll or 

repurchase ls warranted,i' The Coururission does noc 

have a speciflc target date for deciding Hhether thO 

iacts warrant a further and rtore extensjve retrreoyr as 

perrritted, although we are continually exarrinrng data 

ln our efforts to enforce the consent- decrees, ievelop 

the voluntary standard and support any othet. 

appropriate rrteasuFes to addreis the h;zards assoclated 

t{ith ATVs, While tt ts true that tegally the 

Corrur'ission could authdrize the issuaice -of J courplalnl 

lll-1.:.*",1. 

as tfl anyôther section lS uatter any tiure 

after Iecerrber 31, 1990, jt should be stressed tirat 

tne L0,,r',r. sion ,(ust have data showinq that it could 

supp0rt dr action under Section lS.-

!Fq!!tq!. 

Angrer: 

t! t 

26r 

I want to explore hol the Cod'nlsslon deals tlth one of 

the arguutents vhlch ATY ptoponents haye used 

consistently agdlnst regulation of ATVs. That ls that 

nost accidents can be attrlbuted to operator error' 

factors such as alcohol use, rlding on publ ic roads, 

rlding double, and aI Iowing young chi ldren to ride th€ 

. largest ATVs, l{ow, aside froN the fact that the ilaior 

problen seeils to be chi ldren, and they are rarely 

lnvolved in alcohol abuse how does the Co"urrission deal 

Hlth these drgudents? 

The Condlssion rcJcct.d the lndustry argudents thrt 

operator error Has solely responslble for the lnjurlos 

and deat'hs. The frct0r$ you cite were identified 

during t,he inyestlg6tion of ATYs and have been 

addreEsed, t0 thc €xtent possible, through 

requlreilents ln the consent decrees and other ileesufes 

lncluding recoill[lendiltion for state leglslatlorl. These 

lnclude effectively bdnning three yheel ATVs t lth an 

inJury rste twice that of 4-wheeled ATVs. Alcohol 

use, riding on public roads, riding double, and young 

chlldren on large ATYs rre addressed by the consent 

decree requlre|[ents f0t label ing, operator rranual 

lnstructions, trdining, dnd a varlety of warnings 

through posters, hang tags, safetJ Idvertising, etc.

ouestlon ll: 

Anrrrr r 

?i62 

Hhrt t$ thc itatuE of the pctltlon on Cfib Toys? Uhy 

hds {t taten Eo long? 

The Coildission received a petitjon to s.t Htnddtory 

requireuents for crib gyns, crib rrobiles and sirrilir 

products ln tiovenber, 1988, 

The Cor'rlssion gives each petition crrcful 

considetrtion. tle divert itaff tlure fror,r otner 

projects in_our operating plan to research and 

evaluate al I lssues assoiiited with the petltioners 

reguest_and develop sufficlent inforrration f0r the 

(;oiEtSSton to 0ake a deciSion. 

The Coqrrlsslon has taken r nunber 0f actions tn the 

past to re||oye unsafe crib toys froil the xlarket and 

irrrprove their overal I level oi safety. l{e have 

iflpledehted a nunber of recal ls ot u-nsafi ciib toys 

and hnve successful ly encouraged the industry to ;dd 

provlsions for crib toys to ttre Toy Safety V;lunt;ri 

S t andard. 

These past rctivltlcs aFptrr to hsve reduced the leyel 

of risk associated Hlth'these products. ihi staff is 

not-atare of any deaths involving crib toys since 

I 986. 

The staff has continued to urge the toy industry to 

ruake further_ iNproveilents to ihe volunIaiy itanAarO. 

0n February 28, 1990, a Corrrtission repiiitniative 

attended a ceeting of the ASTM Volrrntiry Standards 

tasR.Group tn Phlladelphia, tn hear dlstusSions on 

possrD te auend|dents f0r these crib toys. 

The staff {s also preparing lhforilation so that the 

r-oldrdlssron CAn Make a decision on the petltion whlch 

requests 

' 

I0 _separate regulatory actlon! tor viriori 

rypes of cr.ib toys. This rilatter vill be presented 

the 

to 

Corrulssion in Aprl I of thls year,

gclt4lgl 

Answer i 

26il 

Anothcr Droduct the $ubcouulttee H!de fnqulrles about 

during the past several years include disposable 

clgarette I ighters uhich sotrtetirres fai Ied to ileet eYen 

the voluntary standard established for thehr lfl terils 

of xraxitrrutrr flaue height. l{hat is the present status 

of the Cororrission's actlvities ln thls area? 

The prlnclpal probleu dssociated with cigarette 

lighters is child-pIay, 0f the estirrated 240 deaths 

in 1987 frour lighter-lgnlted fires, 180 resulted front 

fires started by chi ldrefl playing Hith I ighters. In 

Deceurber,1987, the Courrtission granted a petition 

requesting thdt disposable cigarette I ighters be 

reouired to be chi ld-resistdnt, An Advance Notice of 

Prnoposed Ruleuraking (AilPR) initiating proceedings for 

the developlrent of a regulation for all Iighters yras 

publ ished in the Federal Register on March 3, I988. A 

dlaft teEt pf0t0col, using panels of chi ldren for 

evaluating the child-resistance of lighters, has been 

devel0Ded and oilot tested, DeterLrination of the 

child-resistance of lighters now on the ilarket is ln 

progress. 

The next stage in thc proceeding lE the preparation of 

a Notice 0f Proposed Ruleuaking (1{PR) for Corrnrission 

consldefation, planned for latc I990. It is estidated 

that a drdft final rule ulll be prepared in 1991, 

ASTI'l's Task Group FI5.02 is worklng on a voluntary 

chlld-rcslstant lighter stdnddrd. A version of the 

Courrnissionrs test protocol is an integral part of thls 

standard, Any chi ld-resistant standard developed by 

the Tdsk Gr0up yil I be considered as a possible 

substitute for a |randatory reguldtion. 

The staff has lnltlated several pr0duct specific 

correctlve actlons under Section l5 of CPSA due to 

excessive flaue height and other defects oyer the Idst 

two calendar years.

uwr^ra Jr,crwaffi 

{HV ^ Wsk. ilrr&*tr 

Hffi. Affie ftabd, .c.ifrg Chaimn 

Cd]ffi koduct Safety fuissif, 

54OI W€tbard Av€flE 

Bethesda, ItD 20207 

Dsr tds. ftahe; 

264 

OI{E HUNDRED 

FIFET CONGRESS 

Gongnss nt tfie @nittb &tatef 

foudr of Bryndmhtib* 

COMMERCE CONSUMER, AND MONETARY AFFATRS 

SUBCOMMITTEE 

. - 

OFBE 

COMMITTEE ON GOVEBNMENT OPEHATIONS 

- 

FAYBUfrT HOUSE OFFTCE BUtLDttrG, nOoM Lg?7 

wASHt[GTOr{, DC tosl6 

ftobs 25, t9g9 

rn*r *rrr rsnqicn 

qucr ooucrrr.r&HMrlrR 

ffitrer rlldt 

EElced i5 a l:aw of il articre he€l m d 

tcdaY's 

fuffjatd 

Ns{ 

hEs 

vo.t< riiL 

story fm 

:T1ehrrq 

a IsIt of Ji:t"rr.* 

mrductcd by 

vehicte 

trE u.Sdeat# 

Frbfic Intlr#r-R**;*ft;rF" 

srh:IinmittE's rn 

-I*Iq-stardjry 

fislt of tllis 

Hrrn for AIv sftf},-;rd 

166ter tll 

flE 

tlle 

hrrtlirg 

Gsc. ple+ s44rly 

of flris 

Ue ruj-*iqG 

llr89, 

,="*r*, 

to tIE 

try 

toutriJq; 

Ndqber 18, 

l. PltE* (ffilE m tin ftnJirqs and cqrElusidls 6f the flrv€y 

stdnfftl by tre U.s. tirbtic lfteL€st *;.;n-ft.p:* 

2. In gErHaf , htr llEs ttE turisim detemirEal uhettnr tin dealu anit 

Iffifactr€rs ft dtEirg to tlp qcsrt Oearee-of Jaro-.y fOe8a 

3. DEEihE in detaif 

+I 

follffi.4r (jJEILHrry 

ild arry dt-t* audit 

EroIIs. swsr'E 

tefiai,qr*/ ard ffiEr*iffi'or 

cdductd 

*,v 

by 

sJEh 

tlE -ur"--&"I;'-.iiactivifr) 

cfrrisim to ctmJ< ttr adrrue 

rHufactrnprs to tte Janury 

hf 

UIBS aEgrE dere_ 

4. htrj}d in ddajl. atl 

F"lEf 

,{*fn ard stniLar 

of tlealer 

fotttr_t-F 

activitiE nquirie 

lgrffi_ to tfre Afrief* 

ntarufafrt# 

*d_rt"t*, 

to dEtIryiE tulr 

by ttE ATv 

drererEE t" tn"--"*&,t aao*. 

"I*T. 

,__.._?. 

:rFly art 

t{i*.:_+u,*.*a 

by trE cquisiffi 

lrlua* rmrltinq 

rn deattE 

fra the 

Erd 

re of rlt:r;frid 

*- 

""r*.r**i*-]*rJ.ylfiigl 

pIE+ s.Etr'ly tte mrt+1-rrs irtErFretaliq of 

df 

thEe 

uhethtr 

statjstics in 

IftE 

tle FtEfiEiEJ. rish ftrh U*'*-"t-inls 

trE ffilstrrt dq:ro, 

hE dwged siru 

6' bE uE mrerrq tnw any sriclsce tiat u'E of adrt 

g+j|." 

sized o"vs bv 

t-t W"= dsrn sire tre r:rllwrt o"o*i x=if6* i. 

GSC 

d"t"n 

tE dffi 

,,,-i-# 

to DXe ttris detEmistim

265 

7- In EsEl, har ttE l:hirr;q rrrdld r ffilEiffi fi tlE 

effctlre of ttre tutgrb dg::IE tn EdEiJE ttE rlElc of dHth ard jsjurT 

fffi Axr,rrs. If rc, pI# s_{tr)Iy ft t! tlE $Mitte. 

8. I{as tlE atEerE of a qlm fc tfe pest tar urtfs pu:e'renrtea tlr 

cffiisim fffi tEkirg ffir.I| actim in tlE A'fit ffi? 

I rElle6 thab ttE (rffiLstEfi bE bHl fsErted bt, ttn aheru od a 

qttrm in tfE past. ter FntlE ftE abatirq with sml irFor+Erlt Ettrfig. 

llffitr, stE-ff mrk fi tfE irytrtant ATv EttEr strulcl tffi auruea aLrjrg 

ttris ptridd ard, uhs tne m ctulrrmn of ttE Cmisiffi ls ffilfiffi, ttE 

Idg-Je at tlE conisim IweI slll he brcl€I, I hlEt ttEt FrepaEtiG ffi 

b€irg Mde to bEief ttE tH drit:*En m t*E i# +E FjJL t# is tjle r$1t 

arta, ard oth+. 

BElcutB 

DB;ttj:b 

2 

hry

: 

":F 

266 

' 'i-"' - tl 'rL' r' Lr_- +i + 

:r..'1 .-i;. 1' 

.--' 

il'=:-la :;l'i;:-':' 

WASHINGTON, OcL Ut (AP) -i liams Buick Honda in Forestville, Md. 

Dealers are still s€Uing all-terrainiand Sun Cycles Yamaha in Wheaton, 

vehicles for use by chttdren despite anlMd., were said to have told the callers 

aBreement between the Federal Gov-f some A.T.V.'s would be safe for I ciild 

emment and tl|e manufacturers to cur- | of that age. 

tail such sales, a oonsumer'groupl Dan Donahue, general sales mart 

charged today. I ager for OLho Williams, said he knew of 

The.'U.S. Pulrlic Interest Research I no such incident and added that it was 

Group, a private organization affiliated I the dealership's policy not to male 

with the consumer advocate Ralphlsuch sale$.,"I have personally drased 

Nader* said 54 percent of the dealers I people away who wanted to buy one for 

surveyed told tlre volunteers who I somebody under age," he satd. "It ls 

called-them on the telephone that an I ourpolicyherenotselltoanyoneunder 

adult-sized vehicle rrculd be appruprt- | age." 

ate foru,sc bychildrenunder theage of 

| 

.. f Manutacurrrrrln'EE nact,.'j.''. 

16." I 

In additlon, 75 percent of the dealers | ^ Y,1t seavey, $ales manr8er for sutr 

respondin8 sitO ii woutal"Jt UJJrifiliiti I Cyctes, said: "I have -instnrcted our 

ro.'" 1o-y"eai-oro io l.;;-;;;l;-"',i to adhere. to these 

lrt-:.,rrs.onnel 

adult-ghfr A.T.v., rrt*-*n"i-li jli- " 

; '' 

lzuiaennes"' 

vocacy organlzatron said*'--"'-' 

l98t flve ILT.V.. 

I ^ I_{"nuary msnufac- 

-;F:^-"*r]"*i"i*o' lSm;,1["Fi"d",y]ffiht"f 

'lToo' many A,T.V. dealers would lsales of threwheel all'tetraln vehlrathFrjnake-a 

buck than tetl a cus: lcles ln the United States. They also 

tomcr that A,T,V.'s are death traps for I agreed to restrict tfre sales of certain 

childrFn under 16," said Pamela Gil- lfour-wheelers for children- Thc rtr* 

bert; ipnsumer prloBram dlrector for I ment resulted from a suit by tlp Cot 

the jorfanizatlon. Ms. Gilbert said I sumer Product Ssfety CornmisslorL i-. 

votuBteers called 215 dealershios in | "Now wc l(r|ow that ILT.V' dealerr 

Caljfdfnia, Connecticrrt, Florirta, IIIF laie 

sttil mislerdlng the prbllc'lbout 

noiiitfrrryhn4 New Jersey, New Mex- | the vetricles' drngeri,'l M* Gllben 

tco, Ver,tnontend Warlrington- ., - I sai

Btr| 

UwntuSreres --6 

Cor',lsur,IuR PRonucr SAFETy Counrrurr.f l\ t k ' ' 

Wnsutttclott. D.C. 2020?F'',"nrr 

. g SBg 

\\t ' 

..,, n.1 A$D 

Novenber 16, 1989 

The Honoreble Doug Barnard, iIE. 

Chairman 

Connerce, ConEuher, and I'Ionetary 

Affairs subconmittee 

conmittee on Governnent Operations 

8-377 Rayburn House office euilding 

U,S, HouEe of Representatives 

Washington, D.C. 2o515 

Dear l,tr. chaiman: 

.^_ilil{l li; ;#;iiuussFF'*" " 

Thank you for your letter of October ?5, 1999, regarding 

the Commissionrs activities invotvihg AII-Terrain Vehiclee 

(ATVs), and the recent survey of ATv dealers conducted by the 

U,S, Public Interest Research croup (PIRG). 

At the outset, fet me say that I share your coneern for A1III 

aafety. We consider the consent decree to be one of our highest 

priorities and heve taken, and t ilI continue to take, appropriate 

measures to enaure that ATV distributors are complylng with att 

the provisions. with that in ftind, we are very concerned about 

the apparent failure of a farge number of ATV dealera to foflohr 

the distributors' directives, as reguired by the conEent decreef 

regarding the age of the user and the appropriate size of the ATV 

he or she should purchase, 

A number of steps have been taken to addlre66 thls problen 

since the Connission's December 1988 aurvey of dealerB in 

Virginia, Based on the rcsults of the PIRG suroey and the 

conrrission'E nonitoring of ATV dealers, there appears to be some 

inprovement from the approxinately ?0t non-conpliance rate found 

in the Virginia suruey. NonetheleaE, it is clear, and I would 

underscore this fact, that additional steps nust be taken.

The Honorable ooug Berrrard, ilr. 

Page 2 

268 

The Epeclfid requeEtr for lnfdmatlon raiEed ln your 

letter, and our rGElronses, arGi 

1. PIeaEe connent on the flndlnge and concluelons of the 

Euroey conducted by the U.S- Publlc Interest Research 

Group, 

Re5pohse! Although PfRG ha6 deflned tradult-ELzed AI\/t 

differently than the consent decree, their survey appears to 

confirn preliminary resulte of recent Commiseion monltoring 

effortE. We have requeEtealr and re.cently recefved, the data 

collected by PIRG in its suroey and are exanining it to detefinine 

appropriate foIIow-up neasures, 

2. In generalf lrow lraa the conniaaion determlned vhether 

the dealerE and manufacturers are adhering to the consent 

ilecree of January 1988? 

Responeei The CotmlssLon hae u6ed a num.ber of methods to 

detefltine the degree of compliance uith the final consent decree, 

As required by the consent decree, the digtributors have filed 

reports with the Cofftris6ion concernlng specific provisions 

lnctuding those relating to the repurchase of all new three* 

wheeled ATVs from dealers, the public awareness prograh requiting 

agreed-upon safety meEEager, the outreadh progran uhere safety 

inforrnatlon has been distributed to various organizationE lraving 

an lnterest in ATV safety, and the training program, The 

CommiEEion 6taff regulerly communicates with the distrihutors 

concerniflg reports that have been filed, and oh other matters 

under the consent decree for which there are no reporting 

requirements, 

The dealere have al6o been Eubject to extenELve on-going 

monitoring by the Conmiteion, through commission fietd staff and 

by personnel of state agencies under contract to the CommiEgion. 

Details of thiE activity are contained in response to your next 

requeEt. 

3, DeEcEibe in detail ell follou-up actlvltlee (including 

FolIs, Eurveyg and any other audit technigues, and 

conclusions of any Buch actlvity) conducted by the 

Connigaion to check on adherence by the dealerB and 

nanufacturera to the January 1988 congent decree.

The Honorable Doug Barnard, ilr. 

Page 3 

Re6pohser 

t69 

In additlon to thoEe actlvltieE describod ln responee to 

question ?, inspections have been conducted to deternine the 

degree of cornpl.lance by the ATV dealers with the distributors, 

directives Fursuant to the consent decree. The inspections have 

been conducted by commission inveetigatorE and by investigatots 

of 6tate agencies for the Cornnission, The inspections have been 

both undercover (where investigators posed aB consuners) and 

after presentation of credentialg by the investigators. 

In early 1988, approxinately 620 inspections were conducted 

to deternine whether dealerg had received instructiong frou the 

distributors to stop sale of new three-wheeled ATVS, and rdhether 

the dealers intended to return those ATvs to the distributors. 

In thoge fer.r instances when the Comnrission learned that threewheeled 

ATVS remained in a dealer,s lnventory, the dealer and 

distributor in question wEre asked to take immediate action to 

enEure that the ATVs were not 6old. we are auare of two deaferE 

who refused to cooperate uith the repurchase prograE. The 

distributor has taken action to lerminate those franchlses. 

. 

Addttionally, the ComrniEsion has conducted numerouB qlGnerdl 

inspectione to determine the degree of the dealere, "ornplian"e 

with. other provisions of the consent decree, inltuding 

requirements relating to labeling, hang-tags, owner,6 nanualE] 

safety posters, safety alerts, and training. The Coftnission 

staff plans to advise the distributors Bhortty of the rearrlts of 

a recent round of inspections of approxinatefy ZEo dealers and 

take measures to ensure that identified problems are corrected, 

The conmission conducted an undefcover Burvey of a 

natlonwide eample of 228 ATv d€al€ra in June qnd ltuly 19a9 to 

detemine the degree of compliar.ce by ATV ilealers vith the age 

recomr,rendations, The results of thiE Eurvey vlll provide a 

statistically valid national picture of dealei adherence to the 

age provisions of the corsent decree. The final report of the 

survey results is expected sithin the next two ueekF. Th€ 

.

The Honorable Doug Barnard, Jr. 

Page 4 

n0 

CoruriEsion staff and the Departuent of Juetice will deterrnine 

what further actiong are necessary to enaure dealer compliance 

with the age recoftmendationE, and ilitl neet with the distributors 

shortly to discuss remedial actions, 

4. DeEcribe in detail alL polle, surveys end sinilar 

folfoet-uF inquiries of dealer activities known to the 

Commisslon undertaken by the ATV nanufacturerg to determine 

dealer adherence to the consent decree. 

Responsei The commieEion is not auare of any polle or surveys 

conducted by the disttibutors. The distrlbutors do monitor 

dealer compliance with distributor policieE under the consent 

decree through varioue neane, including periodic cornmunications 

wlth the dealers and vi6itE by field representativeE to 

dealershipe. 

Reaponse: 

5. Please eupply all statisticB gathered by the CommissLon 

on deaths and injuries resulting froh tlre uE€ of aIIterrain 

vetriclee 6ince ilanuary 1988- 

Threc- Four- 

Year totaL wheeled Wheeled 

1985 

L9A6 

1987 

198 I 

1989 

85,900 

86,400 

77,4OO 

62 r 800 

?4,300 

67,59O 

49, 500 

29,8O0 

(27 ,2Ao, 

11, 600 

18,9OO 

27 ,9OO 

33,OOO 

(2e,500) 

three- Four- 

Total l{heeled Wheeled 

44.7 

37.4 

30.7 

24 .6 

(23. ?) 

48.2 

42.4 

33 ,4 

23,1 

(25.6) 

30.4 

26 .4 

26.9 

26.1 

(21.4) 

I year rapo based on exPerl6nce. 

Sourcei National Electronic InJury surveillance syaten 

(NEISS)/EPHA ATV use estimates derived hy 

Directorate for Econornics, U, S. Consufler Product 

Safety Comnission

+Ft 

' 

The llonorable Douq Barnard, ,fr. 

Page 5 

nl 

Since the elgning of the consent decree the Cororission has 

prcpared quarterly updatea of death and lnJury Etatisticg for 

AtVs. The no6t recent update itae releaeed S6lrtenber 20, l9B9 and 

included recordB r€ceiveil by thB CoElllrsion through June 21, 

1989. Another uFdate, includlng recordE received by the 

comiesion through Septenber ZL, 1989 ie being prepared for 

relEaEB in Decenber, 

Three- Four- 

Year Total Wheeled Wheeled 

l9B5 

198 6 

1987 

1988 

299 

35L 

?89 

1ffi, 

243 

2s4 

160 

L45 

56 

97 

128 

158 

Three- Four- 

Total lvheeled Wheeled 

15,5 

15.2 

11.5 

11.9 

15. I 

16,0 

10, 8 

11, 2 

Estinateg for three an'll four-wheeled ATVg are 

distributlon of reported deathB, by t)rF'e of vehLcle. 

Soure€: Natidnal Electronlc Injury Surveillance Systeu 

(NErsS)/EPHA ATv use estimates derived by 

Directorate for Econonic6, U. S. Consuner product 

Safety cormlaaion 

ResponEe: 

14.7 

13,6 

t? ,3 

12.5 

5b. Flease gupply thB ColllaBlon'E interpretation of theEe 

EtatisticE in ternE of vhether the potential ri6lq fron the 

uEe of ATV6 has changed 6lnce the consent decree, 

ATV-related lnJuriee have decreaEed slnce thc conEent 

decree both ln frequency and as a function of the eatihated 

nunber of ATVE in us6, The do\,rnward trend is expected to 

continue due to several factora lncluding the $top EaIe of threerrheeled 

ATvs rdhich have a higher riek of inJury and reduced sal-_ 

of four-Hheeled ATVs. The eEtinated nunber of aleaths haa 

remained approxlnately 3oo annually alnc6 lgg5. Unlike the rlslt 

of lnjury, thc riek of death doe6 hot aplledr to be dependent on 

the type of v$hlcle. 

r*rr * u.,'c.t*fLfE 

I

the Honorab1E Doug Barnard, Jr. 

Page 6 

272 

6, Does the cornmission have any evidence that ure of 

adult-sired ATv6 by children tras gohe down Eince the 

consent decree? Deacribe ln detail ilhat the CPSC has done 

to nake this deteruination. 

RGBponBe: In seFtenber 1989, the ConmiEEion conducted a Burvey 

to determine, in part, the agtes of ATV drLvers and the number of 

ATvs in use. The Eurvey results are being analyzed. Once that 

is accomplished, we uifl be able to detemine td Hhat exteht 

chilalren still use adult-Elzed ATVE, We will forward this 

information to you as soon aE it is available tlhich i6 expedted 

to be in the FaII of 199Q. 

7. In general, haB the corftLsslon reached a concluELon on 

the effectiveness of the consent decree in reducing death 

and injury from ATvs? 

ResponEe: ATV-related injurles treateil in horpital energency 

roorns have been declining steadily since 1986, ahd are expected 

to be even foltef in 1989. The stop sale of three-wheeled ATv6 

has undoubtedly contributed to thiE reduction, as has the decfine 

in sales of four-wheeled AfVs. 

The eEtinrated numbet of deathE attrtbuted to the use of 

aIl-terrain vehicles remains arouhd 3oo annually Eince 1985. 

Ilowever, in terms of the estimated number of ATv6 in use, the 

rate has decfined. 

Beyond that, it iE not possible to identify specific 

factorg contributing to deathE and injurLes at this time. The 

Conmission is currently conducting a study of ATV-refated 

injuries treated in hospital el[ergency rooms during ca]endar year 

1989 and a consumer use aurvey. Analysie of these data is 

expected to provide infornation that uiII enable the Conmigsion 

to evaluate the effect of the consent decree with more 

specificity. We will provide this infornation to you as soon as 

it is available, 

8. Haa the abBence of a quorum for the past ten rtronthE 

prevented the ConmisEion fron takinq necesaary action in 

the ATV cage?

The Hohorable Doug Barnard, ilr, 

Page 7 

NB 

Response: The absence of i guorun has hot affectecl the 

Comnissioh's actions in this uatter. Whl]e the staff has brieferl 

inilividual CommiEEioners as to activlties uniler the consent 

decree, a vote 9y tne Cornrnission has not been necessary on rny of 

the staff,6 actions to monitor and enforce the decree. 

thank you 

.Againf 

for uriting and sharing your concernB 

tegariling cornpliance with the ATv consent decree. Aa Eoon aB the 

dealer monitoring results are finalized, I rJlfI proviale the 

naterial to you. In the neantime, if I can be of -aEElstance, 

pfease do not hesltate to tet he know. 

Sincerely, 

tf.+-/ L'{\F", 

Anne Graha! 

Acting Chaiman 

.

274 

5UI,ITIARY OF STATE AW LAHS 

, Accordlng to rtata conplled by the SPeclalty Vchlcle Instltute of 

Amerlca tventy seven states have lawt vhlch In *hole or In Fsrt. spPly 

speclflcal ly to ATVs. Of the'rst|slnlng 23 stetes, plus the Dlstrlct of 

Colrrrbla, lS have laws or Fegulatlofls pertslnfng to off road vehlcles' 

of whlch ATvs bv deftnltlon are Included. Elsht states and the 

Dlstrlct of Colr.mbla have no lews whlch EPPIy to ATV3' 

REGISTRATION: 

32 states have laws deallng-vlth reglstratlon of ATVg and off 

road vehlcleg, 

Of these' I requfre reqlstratllqo only for ATV5 operated on 

Publ lc lands. 

l2 ststes do not requfre reglstratlon lf the vehfcle rrlll be 

operated only at euthorlzed events- 

TITLE t 

15 states requfre the owner to obtaln a Certfflcate of Tftle for 

the ATV or'off road vehlcles. 

In one state, thls sPPlles only with resPect to vehlcles 

opereted on publ lc lanc. 

In one stater title 13 requlred only for model yeers 1988 Ernd 

I ater. 

}IOTOR VEHICLE OPERATOR'S LICENSE: 

I states requlre the operator of s$ AW or sff rosd vehlcle to 

have a llcense. 

' 

In 2 states, the requfrement aPPlles ofily lf crosslng a hlghwoy' 

snd In €nother state, the requlrement ePPl les only lf the person 

crosglng the highwoy ls between 16 and l8 years old. 

ln I stete, as an elternetlve, the operator may have a learner's 

permlt or be accorpanled by alllcense holder or e parent. 

In ,4 stetesr the requlrement apPlles only lf the vehlcle fs 

operated on Publlc lends. 

,ln 3 states, a safety certlflcste ls Eccepted In lleu of e 

drlver's I lcense. 

In 

I lcense. 

I state, supervlslon ls sccePtEble fn lleu of a drlver's

AGE REQUIREIIEHIST 

.),|rK 

pau 

27 states h6vG rffi tifnftt qE rcqjf rfiEnt, 

The mlnlmum Ege! €pply to chlldren as young as 6r I' and 

yesrs old, 

All rtatci tFrt have rgp rcqrlratrentc hrve e vrrlety 

condltlons and llmltatlons on use by undcrage oper6tor5. 

SAFEYY EII{EAT|0|{ CERT!FICAIEST 

14 states provlde for such ecrtlffc8tes. 

In l0 of these st6te3, the requlrenent spplles only rrlth respect 

to chlldren under a cert€ln €ge, 

In 2 ststes, E flEtor vehlcle llcen* cgn bc lub3tltutad for a 

safety certlflcete. 

In 7 states' €dult supcrvlilor'r lr Ecceptable In lleu of a rsfety 

certfflcete, 

L IGHTIHGI 

29 itates hdve lavs reletlng to llghts on AW3 end off rffid 

vchlcles. 

In 2l of these states, the rule #plles only ylth respect to 

nlght oper8tfon. 

In 5 itates, the rule ls H6lved at euthorlzed events. 

ln 4 states, the I lghtlng requlrffint €ppl les only for use on 

publlc lands snd sFeclfled publlc lards, 

In 4 states' the llght ls regulFed only lf the operator lg 

crosslng I hfghwey on the ATV. 

BRAKES: 

29 stateg have laws reletlng to ttre need for ATYg end off ro€d 

vchlcles to be cqulpped wlth brakes. 

4 rtater fiave speclflc perfonmnce requlrements fof thc brakes. 

3 states I lmlt the requlrffient to ATYS End off rosd -- opereted 

on publlc lands and speclfled publlc lsalds. 

\ 

r0 

of

IIUFFLERST 

n6 

l l 

34 rtates lEvC lqws rcqufrfng thFt ATVi bc cqufppetl vlth 

muffl ers, 

12 states e*cuse the nrufflers €t authorlzed events. 

l7 state h€ve declbel llmlts for the nolse thst [lEy b€ 

from a rrufFler. 

In 6 states' the requfranent applles only.to vahlcleg 

on publlc lands, 

SPART( ARRESTERST 

20 states requlre that ATVs be equlpped wfth sprk arresters. 

ln 5 states' the arresterg Ere excused at authorlzed events. 

In 7 states, the requlraftent applles only Hlth respect to 

vchlcles pperated on pribl lc lands. 

HELIIETS: 

l8 states have tequlranents relatlng to the vearlng of hclmets 

by persons operatlng ATVS. 

I state requfres thefir only In coopetltlve eventc End lrhere the 

operator ls under 18 years of age. 

EYE PROTECTIOI{: 

E{nltted 

operated 

5 states have requlrdnents relatlng to the wearlng of eyG 

protectlon by persons operating ATVs. 

REFLECTM IIATERIALS! 

j 

2 states requlre reflec+lve materlalg on eoch slde of the AW.

FLAGS and CHAIHS: 

m,7 

I state requlres that ATVs have a red flag Hfien they 6re 

operated on sand and I cf|8ln guard (lf they are egulpped wlth chalns). 

OI{-ROAD USE r 

33 states hsve strtutes svernfnE the use of AWs ofi regular 

roads and hlghHgys. 

In ll states, on road use lE prohlblted except for agrlcultUral 

PUrPOses, 

In 25 states, On ro€d use lS prohiblted except tO Crosj E 

h fghway. 

In I state, on road use ls prohiblted absotutely. 

I state al lows on roed use for Industrlal purposc3 or yfth a 

$pecfal permlt.

SEPTEMBER T989 

!!tl!!!!r. 

!u!!nd__.. 

!!! !1rrylll 

glis .. -- 

n8 

STATE 

ALL.TERHAIN VEHIGLE 

BEOUIBEMEHTS 

IOUIFCf II NEOUIFEtrEXTS 

strcE]lv 

HEE' 

lnstrtu!€ d 

(^.{s/s; sp 

th,! chril rr rhsrs e rynr GNrFn.il &ls'Ed Ohcl Artd I r.F|dl tuEn lrmGr ffitr Mhs{$t$N[ dda WIA ii d rtlrrid. k 

iiii,iioi;coidirili'ii'ls*dih9 tdEl;i Nnsr.d h,.,inrv.;!d's. rd n.y,rqur. rvrrh.rdrnlrEnr E nwq-Ei!tu b tM Eu{rn.d 

-u;.i - 't ri".r *$ lhi ci|i *n b. uFsrd m.lrny fi rEr qifiu,sssr s Mnnd ATv ,q'En.nF Fr.is .64 wra b ldilbnri inHdrr 

(6..il{'ur ^lS or i$ }od{snd c+fl ol lhrr .hr4 

I hilr stri.r . $il. 1s . rNri.. il ffir + Oir) P-3u7 

l?lt J.lbreh Orto 68. r ssx. @ r adhf, VA 11102 . @) 5?1.H. 

J+

Apprunrx2,-ATvManur'acruRERs'REriPoNSl]sToSugcorvIN{IT 

AuEsrroNs 

OXE HUtrOFED FIfiST CONGRESS ! !!H!!T!T{ ilH 

li;#i.ii.1.'ir'irfi.ll^ Oorgrtdd of tDe 0Hnittt Starrd ltr'""""'""H";flnilHr 

Fourt ot Rrprrdrntrtibrs ffilli:::- 

COMMEFCE. CONSUMER, AND MONETARY AFFAIBS 

SUBCOMMITTEE 

OF ilT 

COMMITTEE ON GOVERNMEHT OPER,|TIONS 

RAYBUBT HOUSE OFFICE EUILDITG, ROOM 8F377 - 

w^sHrtrGTON, DC 20616 

lErch Ul' 1990 

. ;. 

tE. Hffird P. WlIlaE :: 

wiJm, ort-Is & Piclffifug 

2445 l.t stret, Nhl 

thEtrirgtm, Dc 20037-1420 

,it_ 

' 

Dear I'F. HIIIffi! 

In isrrctim sith the tErlrg lffiltfy held hly tbls suhdmiEt# ffi thd 

rdE+nqf ot sat'etY regu.lation ftr Au4tsrain Vehicls' plar+ sqDly ffi 

fc the Frinted twjrg Hrd to ttE ffIcd questi.ru. Yfl HitI rcte tlBt 

re qEtiffi rcqrire rEsFdl# by irdividEl narufrcbrffi ard otlffi Hy Ee 

ffied by )ru m betEu of all of tlE Hufacbffi. IfE qtEtiffi Ere teiJg 

*JIt to )ur alffi. r t-nst ttut n wilt otttain ffi fiflr al.l of the 

larufdct-8ffi iffiIvEd. 

ff yil hnE araf qretiro, ple ffitacts lhecdffi J. JEcoE of tfir 

sr:tmmitte staff. 

DB:tJJ rn 

Etrlffi 

(2791 

:

Qlrsticms 

280 

for Manufactur-s' 

t. AE ]rou lfiFsr, a prbclpal concern of the rtqnisiur ard tlle trrbIic 

IeadijxS to tlle consent decree Ha.s the fact, that ctrdJ-drEn tere lttjl]red ln 

aispr,oportimate ilftbers cn adilt+ized lilVs. Accffidirry to CFSC data, over 95 

of all aeiderrtg irnrcIvjrrf ddldJien IEdEE ]2 ]rave ocs:*ed

281 

2 

3. r urderstard that the milrfacfiriEng aF pl.esentry negotiatirrg vtth tlle 

cFsc ard the Justice DeFaturt ffir]rrnrs hprovins enforcsrent of dearer 

oryIi.arrce \,rith the ccrreent deqler. 

a) rn gerEra-I, hEr,r cro th6 Danfacfi.Ercas ffie to fuprrJve ccwrl.arr? Iftdt 

csn ard sftc*r].d be dffie to cftain $eater -{rIJATE frrm rtetpr.s? 

b) Have ar1/ of thB Eal[facblrB.B tEEdlEd aSr€ffiit rrith t]le cFEfc ald t]rE 

,Ius:Lice DeFarfunt ffirnftq teruirtatlcrr of d€leis? 

c) State sF€cifielLy r*ridr mnrfactrters 

d) Stat4 the details of aU 4Er€lHtits so r€6dred. 

4. Ste orrvry ugert fqr hty UE rtttf*tcn of rtetet oo,+Itarru fcurd a 

wlde 'risF.rity annrq deaier:s as to cupliarre fotr d.iffer€nt distri}utor bldds. 

ltle rarge uas 42 to 72 Fercertt of cleaLm Htlo $ere wiLliry to lfE.-lErd cr 

€rffiraqe the the use of adult"€Ize AIVE fdr drlLdl:rrtl urder 16. 

a) Iloht do ltqr acccN.Il'ft, for ttr,i.s wide di-sparity? 

b) I uder-stad tiat thB crmnisqiqn ha.s L€ateased tbe data cm lts sllrvey, 

PLease srpF]y the nanee ard perentaqe of crrFri.arlce fffrd by the hnnission. 

5- Ycil have hEard Ertitrr ttri.s rcrni''r of th. fact tlnt b:ainirs i-s crrty 

taken by a s[arl Ferrentaqe of tlree uho are efititled to it. rn fact, fiich 

flstrFs sr.grried to the curmi-ssior, r€ rearn u]'t of t}e 24o.L96 vehicrs sord 

Ejrrce the corEert dec*ee, trily 22,434 F€ere have taken the tffiinus, rrd.s i.E 

cnly abflrt 11 Fer*fi. Ilcrr do l,r:rr acccurt for th6 lor perertage of pecrple 

rrflfjrq tE ta]e ttte tr6lrus? 

6. Ilris dLssrssicm of t}lB r:sefr:lres of trdirdrg leads to a btoader 

quEstictl ard that iE thB efficary tr usefiirEss of eflr of the nortification, 

.1 

+

282 

3 

edrrcatidl ard tr:airlj-rg reqtdr€d try t}e ccrEent deee. lftrErre are thGe l.lho 

najrrtain that aII of tleee ;tr.crqlrarls v'jJl hare cnly a naryirrat irpact cn deatbs 

ar:d injuries, atd tfnt for the FFeEErtt r€ have nur gElE abdrt as far as rm en 

Eo, tbat deatbs atd injr:ries vIII not be eiErificnntly tedlced if the 3 ard 4 

ubeel vetriclea c([xlilllle to be used at IEEEerrt 1etre16? tfy q$eELictrt J.E: 

cierlera.Lllr, trrr do yot l€sFdd to tll.5 aryrefit? b I'Eu s$!ee tbat tbErrE 

rErajxs tittle tJre manrfacfir:clg can do to rrdrce deat}s ard tnjurles further? 

Do yor tnink it ls r"eascnable to mntirn:e to pradrce a vddcle rfiidr is UJtely 

to kiX ard tnalfi Eo rErV dllldren? 

?. I wderstEffl tllat tn many pritrate littEattcn cases intrclvlnE Afi/e' 

tnar$facbrrers a:re obtainirg ordels to Eeal t]e I€coLd.B h the cae. In ot 

cae, Clrerq v" Iltrda, I rrrderstard tbat llcrda fo.$tt wsuessfrtl-]y lrr tht 

o:Eqctr drrts for ete year to a\roid producfuq rccotd.g ln a caee lrvolvirry a 

95.9 nilliqr juoryert ln fa\rtr of tlle tnJured par.ly. lw, EI/ qlrEstlffi Isl tlhy 

l"s t}Li.s lfte trrJrToEe of keepirq cart pnjoceeefngs cpen is to protect 

tbe FrbLic's ridrt b ]axftr ard to avoid havi-nq to rcirrrre'nt t}le ffieel ever.1. tJm 

the eare i.sslre i"E litqdtEd. I can urderstard that the ccnpardes $€fit to avoid 

Edr/erse p.rbllcityr hrt there ie a lilbtic policy issr:e imrol\red llet'ts ard t}rat l-s 

that tte p:bfic has a ri$rt to lcrclr,t of hazard.s, €ql#Lai.fy in e ca.Ee HtHr$ s 

Juq,r fras dEt€tiFjlled ilch hI$ acEral ard prnitive dry, No[|r, I{try. do }|Etr 

ilsi-Et wr qoi-rq to great letqths to s€aL r.roLds in tleEe esffi? 

8. I trdrrt to er4ilore r.*rat acticrt amlt of ltcu nanrfachtEers take hfi€r| ItEr'l 

becorE alrare of ttre fact that a daater i.e violatjrq hiEl duw h+r 8e11fury larqe 

gized AlVrs for u.Ee hV sualf ddldrrrl. I'le ha\re been st.4{ilied witlr the 

t*ansaipt of a depoeition tal

284 

RECEIVED 

wrLMER, curLER & PrcKERrN- llAR ? I 1990 

248MsrREEl'N w 

eo,trE8cE.coflsuuE8^lo 

w EhriloroH, p c aootT.Fao 

M0iIETABYAFFAIHSSU8C0MilITIEE 

r.L.rHoHc lrod ..r,6600 

. crrHrl. rlct, rrt.ooT+' 

. llarch 28, 1990 

Repreaentative Doug Earnard, Jt., Chalrilan 

Corurerce, conBuneE, and !.lonetary Af fairs subcomittee 

Com$lttee on Government Operations 

U.S. House of RePresentatlve5 

Rayburn House Office Building, Roon 8-377 

waahington' DC 20515 

Dear RcpreBentative Barnardi 

; rcLIFHdhE orr (*t 6lc-44rr 

o'r (+0 sle-i$t 

1 TEL'X 

lof the 

I appreciated the opPortunif,y to aPpear on {eharf of the 

ATV ihduEtry in tne hearlng before your subconurilt:" gl 

I:btYlIY 

28, 1990. this letter re3ponds to your letter of ltardh l?' 1990' 

reio.riing ceriain inroiniiion fron the four rnajor AT\i 

dis-triUut6rE, Questions three through seven appear tq catt for e 

ioint reaponae frofr the diatrlbutorB, and angwerE to uhese 

iueEtions-are enclosed aB Attachnent I. The dictribuqors HiII 

iach gubnlt lndividuat respon6e8 to the renaining querltions' 

I alao enclose a copy of 

I'The ATv Industry dafety 

Proqran: A ProgreBa Report'" AE I indicated during ny 

eeeftno^y, the iistribulor8 would like to have thi8 &dfrorandum 

iflctuded-in the hearing record. It describes the actlvitieE of 

,the four najor ATv distributors in Pronoting ATv Eafe$y purauant 

to the consent decree. 

we have also supplled vlriou8 ltens of info{Eation that 

the subconuflittee requeBted during the hearing wlth ou4 

correctiona to the hearing transcript. 

EncIoaur6E 

V6ry truly youra' 

--41 

V"...-,./, 

Hd[{ard P. t{illlen8 

/ /,{J, 

tJ," )

Questio! ! 

285 

Attachnent I 

Joint ReePonse of Anerican Honda, 

Kawasak i, EuiqLlr-ln(L$rahg 

The ATV distributors HiII continue to uee theit be8t 

efforta to achieve compliance by thelr dealers with all 

dlrectives issued by the distributors purauant to the conaenE 

itec.... As part of this effort they HiII continue to fook for ncr9 

^"in"a" of iinproving dealer cooperation' Some of these methode 

aie the EubjelE of iegotiations with the CPsc and the Justlce 

Departrnentr-which are ongoing' At the conclusion of these 

ne-gotiatione, $e Expect lhat-information about Ehe diBtributorBl 

Irrograms will be available. 

Oueqtiq4l 

(a) Eone of the di8tributorE believe that the figureB 

repoEt€d refiect (albeit imperfectly! the Buccess of their 

p.igr.." for obtaining dealer coopeiation.. Nonetheless, glven thc 

]i*ited infornation the ATV distributors have about the 

circurnstances under whlch the CPSC survey htas conducted, and the 

questionable accuracy of the methoda of data collection and 

inalyeis that were uied, the distributors cannot offer any firn 

conci.usions with respect to the disSlarity among the figures' 

. (b) The cPsc's rePort of iEs survey of dealers and the 

acconpanying stateflenta issued by the ATv dllEtributors in re8ponae 

.." nL* i titr*. of public record. The infortnation requested is 

available in t.hat rePortr 

Question 5 

Purchaeera Eo whom the training courEe is prinarily 

directed -- flrBt-tine riderB of ATvs -- are being trained in 

eubetantial nunbera, according to the Eraining figures EupPlied to 

the CPSC. Roughly 30 percent of fir8E-tifte ATV purchasera rdith no 

prevloua -familiee) ridini experlence (or rdeftbere of their immediate 

were reported trained in the last quarter of 1989' 

Since bh; incepti6n of the traininq Program' rorrghly 20 percent of 

theae purchaeere 1or their faBily nernUeis) have been trained' trith 

the numberg trained increaeing every quarter. 

A recent, independent Burvey found that experienced AT\l 

ridlers are much IGsg likely to take the training couEse' In a 

28-78rO-90-ro 

l

286 

aurvey of ATV purchasers \.Jho declined to accept free training 

(even with a financial incentive), 98 percent of those surveled 

said they were aware that free training was available, MoEt 

people surveyed jndicated that they declined to Lake training 

Decause they rEgard themaelves as already sufficientLy 

experienced. Some BB percenL of the purchasers surveyed stated 

that they declirred training because they',already knew how to 

rjde" an ATV. SinilarIy, l.arge percentlges stated that they had 

ridden Bimilar vehicl"es in the past. or hid previously owned' 

anolher ATV, and 5l percent. said they had learned from experienced 

family members, In addition, a substantial number of purihasers 

stated that they did not have enough time to take the -eix- Co 

eightrhour course nandated by the final consent decree. 

Question 6 

The Cp$C has projected that the flumber of AIv_related 

injuries and fatalities will continue to decline through at Ieasr 

1992. The rates of injurieB and fatalitieB per thousand vehicle8 

in use have been declining aE well, The dislributors wiII 

continue to consider rrew ways to produce furth6r declines, A 

Itrosb proftising way to further proftote reduction of injuries and 

deaths may be through state legislation to regulate efv use. The 

distributors support such regislation consistent with the consent 

decree. 

That being satd, the distributors firmly believe that 

ATVs present no unreasonable risk f.o consumers, Eomparison of ATV 

accident data with corresponding data for other typei of popular 

recreat.ional activities shows that the injury and fatality iates 

for ATVB are no higher *- and in a number'of-instances ari Lo*". 

-- than for a variety of such activities, 

OuqBtion 7 

The proceedinge in Oberg v. Hondg are stil] in progress, 

and therefore it would Ue ina[prE[iTETE--tb comment on the details 

of Chat case, More generally. it must be observed that the ATV 

distributors, Iike all businesses, have a legit.imate inlerest in 

protecting confidential, coftpetitively sensitive business 

information from unlinited disclosure -- ndt to avoid adveree 

publicity, but to prolect thLrir ability to compete effectively in 

the_marketplace. For efiarilple, a distributor w6uId suffer injiry 

to its competitive position in the ATV induEtry -* and, inOeid, 

in the entire motorized vehicle industry -- if certain 

information about its market research, iinances, pricing 

practices, product evaluation, or other areas of busineis were 

disclosed to its coiflpetitorE in the industry, Obviously,

287 

informaEion that is disclosed to the public will alao be available 

to compet.itoEs. 

The Federal Rules of Civil ProceduEe, and state 

procedural ruIeB baEed upon them, recognize this interest in 

protecting confidential, cdmpetitively sensitive business 

information. Federal Rule 26(c) provides for qualified protection 

of such information $rhere courts find good cause for protection. 

Courts typically use a balancing test to determine whether good 

cause exists, weighing the need for discloeure againet the injury 

that would result, Hhen a Iitigant has requeated Froduction of 

materials that the ATV di8tributors believe would re6ult in 

competitive injrrry if discloeed in some ftanner, such as to 

competitors, the distributors ordinarily assert their rights under 

the procedural rules Lo obtain a prolective order preventi.ng the 

lnformation from being disclosed oulside of the Iitigation. 

- 3 -

288 

THE ATV INDUSTRY SAFETY 

PROGRAMT 

APROGRESSREPORT 

FebruarT 27rI990

289 

THE ATV INDUSTRY SAFETY PROGRAI{: 

A PROGRESS REPORT 

Executi.v.e 

-Surunary 

The ATV lndustry haB undertaken a congul|ler Bafety 

program of unprecedented scope and magnitude pursuant to 

a consent d€cree, agreed to by the four major ATV 

distributors and the Government, that took effect on 

ApriI 28, I988 

ALI aspects of the safety progEarfl called for by the 

decree have been implernented on schedule. The 

distributors have taken reeponsible and effective action 

to coftply wiEh the decree. 

In certain instances wherc the CPSC has taken iseue 

with the reported conduct of some independent 

dealers, the distributors have taken additional stepE to 

ensure that their dealers cooperate fulIy with the 

distributors' directives under the decree. 

Injury data indicate that both the number and the rete 

of ATV-related injuries are dropping eubatantially, 

continuing the trend since 1985. The fataliEy rate also 

has decLined significantly during that period. The risk 

of injury or fatality from ATV riding is Io$rer than that 

for numerous other recreational activities. 

Any effort to supplant or modify the progran no$ wouLd 

be premature, unjustified, and potentially 

counterproductive. 

The diBtributorB have tEhen nunerous actionB to 

implement the neH safety program! 

o The diBtributors have established In unpEecedented. 

nationwide, hande-on training prograft for aII ATV 

riders. Training is now available at approximately 

IrI40 training sites throughout the United States, 

and the number of people trained has been 

increasing steadily. 

o The stop-sale and repurchase of aII new Ehreewheeled 

ATVg has been completed, and independent 

surveys have confirmed that no new three-$rheeled 

ATVg remain in the inventory of any of the 

distributors' retail dealers in the United Statea. 

o The distributors are makinE every feasible effort 

to qgsure that ATV3 are narketed in fuLI compliancc

- it - 

290 

with thc rninimum aqe provisiong of the decree. llhe 

age reconmendations are communicabed to potential 

purchasers in a wide_ variety of i.rays, paiticularly 

at the point of purchase. In addition, retail 

dealers are directed to communicate the age 

recommendations orally to al"I customerB oi risk 

ternination of their privilege to sett ATVS, 

The distributors conducted an unprecedented public 

safety a$rareneaB media campaign, costing rougtrly 

eight million dollars, The c;mpaign exceeded its 

goals for reaching the targeted-audience. 

Past ATV purchasers have received updated safety 

information in a 2O-page owner,s ma-nual supplemint, 

Eupplemental vehicle labels, and a ',gafety-iferi;; 

publication. 

All new purchasers of AtVs now receive information 

about safe ATV use in a.variety of srays, including 

owner's manuals and vehicle waining llbers. rn 

addition, the inforrnation is disptiyed at ATV 

deaf erships on point,-of-purchase^ de-vices inc_luding 

a videotape, vehicle hang tags, a Large poster, 

and the safeEy alert publication. 

The ATV distributors have egtabLighed a toLI_free 

telephone hotline to provide information about ATV 

safety and training to consuners. 

program'. 

If:_]o!tl":ch 

has provided the ArV saf€ry 

vroeo and brochures on request to over Irlo0 

consumer organizations. 

In cooperation with the cpsc, the dlctEibutors 

developed a voluntary standard for various 

characteristics of four-\.rheeled ATVS. The standard 

was recentLy approved by the American NationaL 

Standards Institute. Development df a standard for 

lateral etabiliEy ia procceding, and an interim 

agreement on lateral stability has been reached. 

lhe ATV distributors continue to Eupport meaningful 

Btate Iegislation consistent with thi consent decree to 

regulate ATV use.

29r 

-ttt- 

TABLE OF CONTENTS 

I. Introduction and Backgrountl . . - 

II. Training Progran. 

IrI. Prohibition of SaIe of Ner.t Three-wheeled ATVS 

IV. Age RecoawendationE 

v. The Public AHareness Media CamPaign . 

VI. other Safety Messages 

VII. 

VIII. 

rx. 

A. safety Messages to Past Purchasers 

l. Owner's l,lanual supPlement 

2. SuppIemenEal 

LabelB 

3. ATVsafeLy 

Alert 

B. Safety Messagea to Ner Purchlaers . . . 3t 

I. New ottner's trlanuals 32 

2. New warning LabeIE 32 

3. Point-of-Purchase Coflnunications 33 

C. other consumer Safety Programs 34 

I. TheToll-FreeHotline .. ' ' 3tl 

?. The Outreach Program " " 34 

Voluntary Standard 35 

StaEe Leqislation 

Conc lus ion 

I 

7 

15 

r7 

23 

29 

29 

?9 

30 

31 

39 

4Z

292 

I * 

Introduction and Background 

The all-terrain vehicle ("ATV") indugtry has undertaken 

a consumer safely program of unprecedented Bcope and nagniEude, 

The program has been instiEuted pursuant bo a consen! decree 

signed by the four major ATV diEtributorE and the Department of 

*Ius t ice . 

A. The Con8ent Decree 

The Final Consent Decree (the t'consent decree" or th€ 

"decree") was approved by Judge cerhard GeBeIl on April 28, 1988, 

in Unibed States v. Afterican Honda l.lotor Co. et al., Clvil No. 87* 

3525 (D.D.C.). The decree represents an agreement between the 

four najor distribuEors of ATV5 and the United StateE covernment 

Eo Eake certain positive BtepB to enhance ATV Bafety, In 

approving the decree, Judge ceBell noted that "no decree designed 

to protect consurnerB haa ever gone thiB far." A6 Judge ceEell 

alEo indicated, by signing the decree the partie$ avoided years 

of cosEIy Iitigation and provided detailed guidelinee for an 

e*tenBive safety program that could be implemenbed irunediately. 

B, Distributorsr EffortB to Promote ATV Safety 

Long before the conEent decree was signed, the AtV 

industry undertook voluntary efforts to reduce the nunber of AtV- 

iii 

r,l!

' 

,{ 

293 

- 2 - 

related injurieE. For instance' Eeny Aln advertlBementE htrrncal 

riders to wear helnets and eye protection. AE the distributorB 

became aware of inJuriea associated wlth iMProper riding 

practic€s, they increaaed the number of safety meBaageB in thcir 

regular advertisements and developed special safety advertising 

program8. These advertisenents communicated many Qf the Eame 

aafety n€ssagea that had al$ay8 been contained in ATV owner'8 

nanual8. In,addition, in 1985 the disEribuEors began tork on I 

voluntary standard for ATVB through Eheir trade asaociation' the 

SFecialty vehicle rnatitute of ArDerica ("SVrAi)- 

since the decree took effect' the Aw diBtributor$ have 

noved rapidly-to inPlenenb the various EafetY progEams called for 

by the decrec. Among other thing8r the dlstribrrtora have 

eEtabliEhed a nationr,ride Eraining Proqram for alI ATv riderB, 

executed a nulti-nitlion dollar public safety advertlsing 

campaign, and comnunicated Eafety neaEages fo ATV owners' 

potential l)urchaaer8, and other consultrers in I hoat of other HayB. 

rn addition, the diBtrlbutor8 have stoPPed aII EaleE of nee three- 

wheeted ATVB and have developed a voluntary Etandard for all new 

four-$heeled ATvs. TheBe ncs Eafety measures are described in 

detail in the following aectiona of thi$ paper. 

The disEributors have aIEo been iJorkinq ulth their 

independent retail dealers Eo aBEuEe thag th€ dealerB cooPerate In 

the new Ptogram. By uriEtcn directives and other Inea8urc8' ghe 

i 

{ 

\

. 294 

- 3 - 

diEtrib{rEorE havc r€Ireatedly streaEed the iEportencc of folloi,rlng 

the policie5 that the di$EributorB adopted $rhen they signed the 

decree. As a result, dealers are distriburing safety literature, 

showing safety videoe, displaying warning $igner and conveyint 

required warninge orally as part of their uales presentations. 

Dealers 6re bound by their dealerehip contracts to comply with 

these directive8. 

C. CPSC Honitoring of Distributor Conpliance 

The distributorB' efforEs under the consent decree have 

been monitored closely by the Consumer product Safety Commiesion 

("CPSCrr), Btate and locaI authorl.ties, private groul)s, and the 

diatribut.orB' themEelves. The compliance record ha6 been 

excellent, 

To date, the CPSC has focuged on the di8tributors' 

compliance with only a single aspect of the decree, Two 

investigations conduct.ed by the CPSC led it Eo ralse questionB 

about the behavior of Eome of Ehe diBtributors' indeFendent 

dealers, Aa di8cussed in rnore detail in Section III, the CPSC 

Eent investigatora to conduct a survey of aone ATV dealeEa in 

Virginia, and later conducted a similar aurvey of a sample of ATV 

dealers nationwide, The ftethodology of both 6urveys is 

questionable, and the reBultB are inconaiatent wlth Ehe 

distribut.org' own information about their daalere. Nonefheleaa, 

, 

.rS 

'

295 

* a - 

the CPSC interpreted the rurvey! to indicate that sosl6 d€al€rs 

nere not providing appropriate information [o EheiE cuBtomerE 

ebout the recomrnended mininum ages for operatlng ATVB oE certain 

sizeg. .Neither aurvey found any evidence that ATVg were actually 

being sold for uge by children younger than the recomrnended 

ninimun ageB, nor that Ehe variouE point-of-purchage deviceE 

designed Eo connunicate the age recorhmendaEione Here ineffeetiv€. 

InsEeaal, the CPsc $urveys isolated a single adpecf, of the consent 

decree and focussed on it out of the context of the total safety 

program. . In fact, Burveyg conducted for various distributors sho$ 

thet 95 petcent of ATv purchaaer8 $rith children under 16 are a\,Jare 

of the 69e recoruendationE when they purchase ATVB. 

. Upon learning of each CPSC surveyr the distribut.ors took 

steps to reaolve any problefts thdt Bight e*iat. In each instancet 

thGy aent atrongly eorded comunicationE to aII dealers informing 

them of the survey and.rcninding Ehem that they nust be surc thrt 

sll ptospective ATV Purchaaers aie nade aware oE the age 

recommendationE. As deecribed in section Iv, the distributorg 

aleo worked with the CPSC Eo dcvrlop additional fteasureB to help 

further enBure that the agG reconunendatiol1a are ptoperly 

conmunicated to both proaPective cuBhonerB and new purchasers.

D. Progrea8 To Date 

\,5 

296 

- 

The CPSC haB proJected that, rrlth the congent decree ln 

place, the number of annual AfV-related inJuries wiII decline by 

54.5 percent between 1985 and 1992. To date, Ehis projection hae 

been confirned by a dorrynward EEend: CFSC data Bhow that injuries 

have already decreased by aborrt 34 percent since IggS. The raEe 

of lnJuries, adjusted for t.he increasing nunber of vehicleE ln 

uae, has declined by 52 percent in the eame perlod. 

CPSC data al$o show nearly a ?Z percenb decrease in the 

Atv-related fat.aliEy rrte sincE 1985, The fatality rate ha8 noE 

dropped as EubaCanEially aa the injury rate, perhape becauee 

fatatity raEes tend to be less sensitive than injury rate3 to 

behavioral changes. A substantial number of ATV fataliEies result 

fron extreme forne of vehicle nisuse, r,rhich continue to occur 

de8pite effort8 to educate the riding public. More than three- 

fourth$ of all ATv-related faralltie6 in I9g9 involved rldlng 

Eractices that Ehe distributors specificatrly r,rarn against, 

including abuee of alcohol and drugsT riding without helmets, 

carrying pas3engera, riding on pavement, and riding on public 

roads. Forty-six percent of fatal ATV accidentB in 1989 occurred 

on public roadE or railroad tracks, and most of these involved 

collision wit.h another vehicle.

w 

- 6 - 

At pEeaenEr the fEtality rate for ATV8 :- about one pcr 

91000 ATVE in use -- iB lotter than that for numerous other 

recreational activities, including ftdtorcycling and snowmobiling, 

when adjusted for houre of use, and is about the Eame ae for 

bicycling. The ATv-related fatality rat.e is almoEt 70 percent 

loter than the average per-vehicle faEality rate for passenger 

cars. 

E. Federal LegislaEion IE UnjuEtified At This Point 

Any effort to supplant. or modify thia prdgrafl through 

federal Iegislat.ion would be boLh premature and unjustified. The 

contentions of Ehe ATv critics about alleged defectE in the 

product have never been substantiated. In facE, Government 

engineers have been unable to establish that ATVB are nechanically 

defectlve. Any federal legi$Iation based on unproved allegationa 

would raise severe conEtibutional queetione and would be eubject 

to challenge in the courts. The sole effect of attempted 

IegislaEive modificationa to the decree would be to provoke 

extenBive and time-coneuming Iitigation that could only delay the 

' provieion of fteaningful benefits to consumera. ltloreover, if the 

decree fails to provide aII the relief sought, Ehe CP$C Hilil soon 

have broad authority to seek such further relief lt deeme 

necessary. Under the decree, hhe restriction on the CPSC'8 

ability to obtain further reliefr including recalI or repurchase'

?98 

- 7 - 

under Section 15 of the Coneuner producE Safety Act expireB at the 

end of this year. 

II, The Unpreced€nted Training program Conteftplaeed By the 

Decree Has Been FUIIy Implenented 

t.o "offer 

Under the consent decree, the ATV distributors undertook 

to aII interested perBonB a nationwide hand8-on training 

Frogran," EetabliEhing the training program has been a conplex 

and expensive task. Over 1,500 instructors have now been trained 

and licenEed to conducE the courses, and over one Ehousand 

training Eite8 have been established t.hroughout the uniEed state8. 

The vast administrative network necessary to ftanage a progran of 

this magnitude has been put in place, As a result, hands-on 

training is now available for netrr ATV purchasers and other 

eligible persons in virtually every part of the United StateE. 

A. Scope and NaEure of Program 

Hands-on tralning is now aveileble at approximately 

I,I40 ttelning sites acrosa the United States and availabitity 

continues to increase. PeraonB Hho purchased new ATVE after 

December 30f 1986, and ineinbers of their innediate families who 

fteet the mininum age recoftflendation6, ftay take the cour6e free of 

charge. OEher intereated peraon8 nay take bhe courae, but they 

ftay be charged a reaBonable fee. The courae la8ta Eix to eight 

;"d

299 

- I - . , 

hourE. Each trainee ttray take the courae tthile riding hiE or her 

own ATV, or the instructor $ill loan t.he sEudent an ATV on rrhich 

Eo take the training. Special rules apply to classes for 

children 

under age 16. 

The eurriculur$ $as devilopcd fron a pre*exieting 8\lIA 

courge that was modified and srrpplemented in accordance Hith the 

con$ent decree. The nel, curriculum underwent a proceBs of EesfinE 

and comnent, waB approved by Ehe CPSC, and has been in use for 

ftore than a year. A revised veraion of the courae handbook hag 

been completed and wiII be provided to all who t.ake bhe course. 

B. Adninistration and staffinE 

The ATv distributorB adninister the training progran 

Ehrough the ATV Safety InBtitute (xA$rn), a division of hhe SVIA' 

ASI is responsible for the oveEaII administration of the training 

Frogram, In particular, ASI is charged with evalualing the 

training currlculumi coordinating the training program with other 

private, military, and state government programs; supervising 

regional aclftiniBtrators; overseeing the recruiting, training, and 

assisting of instructore; coordinating proftotion of the programi 

coordinating cofiuflunications to distributor8r dealers' instructorB, 

and regional Etaff; and developing and distributing publications 

relating to the program.

- 9 - 

800 

AsI has divided the United State8 into sixr,regions,,and 

assigned a full-tlme "regional administrator" and Eupport. 

perEonnel Eo each. The regional adminiBtratora are responsible 

for maintaining training siEee wiLhin their regione and supportrng 

them wilh an appropriate nuflber of inBtructorB. The regional 

adminiBtrators musE also promote participation in the training 

pEogram by new ATV purchasers in their regions. 

"rider 

In E-urnf theee eix regions have been divided into 344 

training areas.'tf/ The regional adminiBtrators have 

recruit.ed and trained 2?4 part-time "area adftinist.ratorB'to 

manage the program within each training aEea. (Where approprlace, 

some aree adninistrators manage two adjacent areas.) The area 

administratorE are responsible for working rrith the dealere in 

t.heir areas Eo promote the training progran at the tine of sale 

and to collect nanes and addre6ses of new ATV purchasere and otner 

poEenEial students. Area administrators also Echedute 

inBbructors Eo teach the cJasses. To help area administratora 

work effectively, ASI has provided t.hem uiEh a set of guidelines 

and Etandard formE, 

The 344 rider training areaE contain approximately 

1,140 training sit€E distributed acroag the country. If no 

L4 The number of rider training areas changes slighely over 

tine aa AST deterftines that a new area should be created or L*o 

areas should be combined to iiflprove the administration of the 

trainj.ng program, 

' 

q

901 

- 1 0 - 

treining slte is located so that I neH purchaaer can redch it 

conveniently, the area adminietrator wiII make reasdnable effortB 

to arrange for an instructoE to travel to a convenient Iocation to 

train the purchaseE and, where poeaible, other intereated persons 

near that location. ASI siII establieh additional t.raining Bites 

aB necessary to as8ure that the prograh is accessible to as many 

ncw ATV purchasers as possible, 

ASI has recruited and trained 69 chief inEtructoEa i.rho, 

in Eurn, have Erained the roUghly I,500 instructor6 who ate 

currently Ilcen$ed by ASL 

FinaIIy, ASI has chosen state coordlnators foE certain 

SEaEes, aB called for by the conaent decree. The Etate 

coordinators are working with their atatesr governflents to 

coordinate the ASI training program eith Btate programs and 

Eraining requirements - 

C. Pronotion 

A syslem of monetary incentlves has been established to 

encourage training of aB rtrany ATV riders as posBible. NeH ATV 

fturchasera are oEfered their choice of $50 in caah, a $I00 U.S. 

eavings bondl or (for one ATV brand) a 975 merchandise 

certificate as an incentive to complet.e the training courBe. Both 

tegional administrators and area administrators receive a

- I I - 

comrnission for each rider trained in their area in addition to 

Eheir salary or contract fee, Chief inBtructors receive a 

contract fee for conducting instructor training couraes andl ae an 

incentive to train effective inst.ructors, aIEo receive a 

comission for every rider Eheir inBtructorE traln. Flnally, the 

instructors themselves receive a fee for every rider they train. 

The primary task of using the nonelary incentives to 

encourage ATV purchasere and other eligible pereone to coftplete 

the t.raining courEe Iies with the dealers rrorking in conjunction 

with t.he area administ.raEors. At the tirne a new ATV is purchased, 

the dealer cornpl€tes a rider training certificaEe and forwarde a 

copy of tt to the area administrator. The cerhificate provides 

the administrator lrith informat.ion about the purchaser and any 

fanity members ellgible for hraining. Dealer$ alao provide a 

colorful brochure and display a poster developed by the 

dislribuEors to prdmote lhe course. The training certiflcated, 

brochure, and a reduced copy of the po8ter are included in the 

Compliance Binder at Tab A. 

Upon receivlng a coftpleted certificate from a dealer, 

the area administrator contacts the pro8pective Etudent eeveral 

timeB to promote the training program. The adminiEtrator 

telephonea the purchaser to encourage hift and hls family to take 

the course, atteftpting to echedule a convenient Eine and 

emphasizing the monetary incentives offered by the diBtributors.

303 

- 1 2 - 

Once training haB been echeduled, the adminlstrator Bend8 a 

confirmation letter advieing the atudent of the time and location 

of the courBe, clothing requirementB, and olher neceaBary 

information. Another tclephone call iE made to the student before 

the scheduled Eraining session to confirm that he will attend or, 

where neceseary, to reschedule the session, 

The tEaining program 1s aIBo prornofed Ehrough nany of 

the disEribuEorE' corununicationa with consuners, including vehicle 

labeIs, hang tagE and other point-of-purchase maEeriale, owner'a 

manuale, public outreach materials, a safety video, and 

promotional advertiseftenhs. These conununicationa urge ATv riderE 

to take the courBe and provide an "ATV hotline" telephone nufiber 

that they ftay caII to obtain ilore information about the training 

Pr09 ram. 

D. ProjecttdEffGctlvGncsg 

The nunber of persone coftpleting the training course 

hae increased steadily. ASI has reported that ?7,?43 persons Here 

trained chrough December 3l' 1989. The training figuree for l9Bg 

rose each quarteri 2,L47t 5,612, 8,743, antl 9,435' respectively. 

In the lagt quarter of 1989 over 30 percent of firEt-tlfte 

purchagcrs -- the ridera the course is primarily designed to 

reach -* or nenbers of their fanilies were trained. Tbe number 

'

- 1 3 - 

304 

trained should continue to nount durlng the coning Bpring and 

Eununer ftonthB of 1990, 

Ultinately' of course, the level of participation in Ehe 

progran ni11 depend on the intereat and willingness of purchasers 

to aEfend the Eix- Eo elght-hour course. l{hile the distributora 

intend Eo rnake every reasonable effort to Pronote the Eraining 

program, there are certain. Iiniting factorE. RePeat. purchaBer8t 

sho make u;l a substantial percentage of aII purchaaerEr wiIJ 

llkely not t.ake the courBe. In additionr the use of ftonet.ary 

incentiveE can play only a linited role in inducing new riders to 

Bet a3id6 a fult day of what ftay be linited free time to attend 

any kind of training course. 

In the aunmer of 1989, ASI conducted a eurvey of 347 ATv 

purchaBerE who declined to accept the dist.ributore' offer of free 

training in an atteftpt to identlfy any reason6 why purchasers 

night be diBcouraged from t.aking the course. The survey found 

that 98 percent of thoBe Eurveyed were aware that training was 

available, and diBclosed no aignificant flavrs in the courge' The 

gurvey alEo found that mogt people i{ho decline to take training do 

go beeauae they regard themselves ae already sufflciently 

cxperienced. Some 88 percent. of the Purchase16 eurveyed gtated 

that they declined training because they "already knew how to 

ride" an ATv. Similarly, Iarge percentages stated that they had 

ridden sinilar vehicles in the past oE had previously orrned

,, 305 

- t { - 

another ATV, and 5l percent Bald thcy hed learncd fron experienced 

family menberE. In addition, a eubetantial number of purchaserB 

stated that t.hey clid not have enough tilne to take Ehe courEe. 

ASI has been negotiating with various StaEe governfientS 

to Obtain their endorsement of the ASI training program as 

appropriaEe for use to sat.isfy any sqate ATV training 

requirements, as welI aE their assistance with itB adftinistrat.ion. 

To dabe, such agreements have been reached with the states of 

Utah, Maine, California, and Oregon. NegotiationB Hith New york, 

Pennsylvania, trtichigan, North Dakota, Iorra, and TexaB appear 

promising as rrell. By securing Etate support for the ASI course, 

the distEibutors hope to achieve significant increaseg in rider 

participation. 

The distribut.or8 rrill continue to look for other yrayE to 

inprove fhe quality of the program. The distributors have created 

training ta8k force colnnittees conBi$ting of representatives of 

each diBtributor and of ASI to fteet periodicatly to reviei,, 

various aspect3 of the training prograft and recorflmend infrroveftentg 

wngre neceSsaryr

306 

- 1 5 * 

III. The Provislons of the ConEent Deeree Aclating .to Future 

SaIe of Three-wheeled ATVS Have Been FulIy Implemented 

The consent alecree calIg .for the Afv distributors to 

stop-Belling three-wheeled ATVB to dealers for retail sale, and to 

offer to repurchase or provide credit for new three-wheeled ATva 

Etill in inventory. The distributors irnrnediately put the sEop- 

sale into effect, and have now Euccessfully coftpleted it. 

A. EffortE to Ifiplenent the Stop-Sale 

Upon entry of a Preliminary congent Decree on December 

30, 1987, the ATV distributors irunediately haLted marketing, 

salgg, and diEtribution of all three-wheeled ATvs to their retail 

dealers. tfithin days, Ehe distribuEors notlfied their reEai] 

deaLerB by nailgran Eo halt all narketlng and aaleB of Ehree- 

wheeled ATVB that were new or had not yeb been eold to e consumer. 

Sirnult.aneoualy, the di8Eributor8 offered to take back aIl Buch 

three-eheeled ATVB in the dealera' possession or control. They 

Eave the dealers s choiee of Eeceivinq a comrnercially reasonable 

gftdunt of caEh or credlt or Eome other connercially reaaonable 

adjuBtment in r6Eurn. 

thereafterr as required by the Final conaenE Decree, the 

dlBtributor8 uaed thelr best effort8 to ensure thaq their retail 

dealere did not market or sell new or prevloltEly rrneold Ehree- 

rdheeled ATVB. Upon receiving reports -- from the CFSC and from 

:i!

307 

_r5_ 

other roureca -- that aofrc derlcr8 i'crc offcring Euch vchiclee for 

sdle, the digtributor$ contdcted hhe dealEra erho had been : 

idenhified to deterftine the facta, In Bany inst.ancesl the Cealerq 

were offering to sell uaed vehiclea or engaging in some other 

conduct that did not violate Ehc conaent decree. In t.he few ca8ea 

in which the reportE Here accurate, thG dietribuEore dir€cted the 

offending dealers to Etop the iEproper sales imrnediately. In Ewo 

insLdnceB, proceedings have been initiated t.o terftinat.e thc 

contractB of dealers qrho vldlated the stop-sale. 

fn addition, each distributor rttemptcd to deterfiine thr 

number of new or unsold three-Hheeled ATVB remaining in dealers' 

invent.orieB and provided qhat infor$ation to the CPSC. Thr 

distributors made folloe-up contacts of dealerE with such vehiclca 

stiII in inventory Eo encourage then to accept the buy-back 

offer. 

Sanple directiveB fron distributoEs to deelerE regardlnE 

the stop-sale arc included in the Conpliance Binder at Tab B. 

A, The Stop-Sale Eaa Been SuccesEfully Conplet6d 

At this time, the stop-sali and repurchase of Ehree- 

Uheeled'ATVB has heen EucceeEEuIIy conpleted. To the knowledge of 

the ATV di$tributorE, no three-wheeled ATVg which ilre ne$ or have 

not been Eold to I congumer renain ln Ehc inventories of their 

retail dealers ln the United Statc8. The December 1988 survey by

308 

-r?- 

the CPSC of ATv dealers ln Virginia found no new three-$heeled 

vehicleB in any dealer's inventoryr indicaEing the succeBg of the 

progran. TheBe results were confirmed by the CPSC's recently 

released 

"undercover" aurvey of ATv dealera nationwide, which 

Iikewiee found that no net three-etheeled ATVS trere being offeretl 

for Bale by any ATv dealer surveyed. 

The Flnal ConBent Decree provides that the [arketing and 

lale of thtee-wheeled ATvs may be pernitted ln the futuEe -- but 

qII to the extent that 6uch vehicles neeE a CPsc-promulgeted 

nrndatory standard or CPsc-approved voluntary standard. No 

nandatory Btandard currently exiets, and the voluntary standard 

approved by the CPSC and the Afterican NaEional Standarda InBtitute 

applies Eolely to four-wheeled ATv3. Accordingly, nevr three- 

$heeled ATV5 cannot be marketed or EoId' 

rv. Thc DistributorE Have l,lede Every Fcasible Effort to 

A5sure that ATV3 are l{arketed in FuIl Coftpliance wifh 

the Age Provisiona of the Decree 

under the consent decree, the ATV distributors agreed to 

represent affirmatively that certain sized ATVE ghould only be 

operated by persone above cerbain mininun agea. ThiE lncluded a 

cotunitnent Ehat the diBtributors trould use Eheir 

"be5t effortB" to 

as3uEe that their rEtaiI dealers ftade the Bane repreBentations. 

The distribuEors have fully conplied trith their agreement'

300 

-tt- 

A, The Age RecoMendationE Are Provided by Retril 

Dealers and In t{any Other Ways 

Following entry of the Prelininary ConBent Decree, each 

diBtributor informed its dealers in wriEing of the mirrimum age 

recoftnendations established in Ehet decreei 16 years old to 

operat.e adult-Eiee vehicleB (thoBe Hith greaEer Ehan 90 cc 

displacement) and I2 yeara old to operate youth-size vehiclea 

(those with 70 to 90 cc di8placefient). The dist.ributor8 directed 

their dealerE to abide by the age recomendationE in all their 

dealings with customers. The distributors again contacted lhe 

deaLers after approval of the Final ConsenE Decree *- which 

incorporated the same age recoBrnendationB -- and refirinded the 

dealers of the importance of properly conmunicating them t.o alI 

customerB. Since that tine, the distribut.ors have repeated thiB 

admonition at various fimes, Sanple directives are included in 

Ehe Compliance Binder at Tab B. 

, Atthough the dealera are independent business entitiea, 

'they are bound by their contracEs Hith t.he disEributors t.o follow 

distributors' directives, Therefore, the dealers are obligated to 

coftply with the dislribut.ors' inatrucEions regarding age 

recoruflendationa. Failure to provide the age recofimendatione in an 

appropriate ftanner may be a ground for Eerminabion of ghg dealer's 

privilege to selI ATvs, depending upon aII Lhe circumstances and 

n J

Br0 

- 1 9 - 

applicable staEe dealership law. sarnple contract proviBions are 

included in Ehe Conpliance Binder at Tab C. 

The consent decree conteftplateS an unfrrecented web of 

informat.ion programs Eo ensure that consumers learn the age 

recomendations and other information about safe ATV use. The 

cuslomer in Ehe dealer's showrooft Beea the recoftmendation6 on 

vehicle labels (including special age recoffinendation warning 

Iabels), on hang tagB, in a Bafety videor on a large Bafety 

poEter, in a "safety alertr publication, and in variorre other ATv 

prornotional rnaterials displayed in the sholrroon, Conpliance 

Binder at Tabs G-K. In addition, even before entering the 

Ehowroom the prospective purchaser inay learn of the 

reconmendationg fron cert.ain ATV advertrsemenEs. Thus, even if 

one of these methods of comunication failed in a given inetance, 

it would be virtually inpossible for a prosPecbive ATv purchaser 

to renain uninformed of the age recoftnendations. 

B. The CPSC Dealer Surveys 

Ehe Eurveys of ATV dealers in Virginia and nationwide 

conducted by the cPSc pEovide no rellable mea6ure of the 

effectiveness of the diatributorsr effort.s to dieeeninate the ag€ 

reconunendationa, First, the surveyB do not thow thal dealers are 

failing to provide the age recoffnendations to potential 

purchaaers. Second, the aurveys provid€ absdlutely no indication

that any ATV rres actuslty Eold 

recomended age, or that such 

su 

- 2 0 * 

l. Questionable vatidity 

for uBe by children below the 

salca are Iikely ho occur.A,/ 

fhe fireE aurvey uas conducted by CPSC ',investigatorEr 

who visited some ATV dealership8 in Virginia in Ehe guise of 

prospective purchaserE. The investigators Here aBked to check a 

box on a form indicatinq rrhether the dealerrB salesperaon (l) gave 

the proper lrarning as Eo recorhmendeal operatOt age,l/ (2) gave the 

Z/ Two oEher Eurvcya conducted by other parties rre evGn 

more plainly unreliable. One Has a telephone survly of ATV 

dealerg conducted in IgBg by an aseistani professor at the 

UniversiEy of Virginia, Another telephone survey, of dealers in 

nine sEate6, waa conducted by the pubiic rnterest ReBearch croup 

("PfnC"r. The unscientific ipproach of these surveyB nakeB their 

findinge highly queetionable_. The major problem witn the surveyal 

qpproach rras their use of telephone calls to dealer personnel to 

deterrnine t.he dearera' approach to communicating the-iiquir.a ag. 

recommendations, Since no gale was consufliflaLed over th; 

telephone, it iB grosBly unfair to characterize a failure t.o 

describe the age recommEndationB as evidence of *iffintn"=i-to 

seII ATVS for use by children. Any statementa about the 

availability of producta for children that dealerB may have made 

to proepective cuatonera over the telephone may have been ineended 

nerely to perauade the telephone prosplcts to visit the showroom. 

Once there, the custoners migtrt bi oflered a product Buitable for 

children, either an ATV sEaller than 70 cc or another product EoId 

by Ehe dealer, 

11 In frct, rhc investigrtors warc aaked to rrport 

whether the dealer "[elarns 

you tiet, according to the clr"innent, 

ATVB ere not recomnended for use by children under tl,', this 

mi8atate8 the rule under the consent decree, $hich doe8 not 

recomend use of ATVs of 70 cc and larger for children rrnder 12. 

Because of chis error, invFilEToiE-ffifrt have faited go 

charact.erize a dealer statenent as an appropriate Harning even if 

it. wae fully consistent $ith the decree.- 

r 

rj

.rarning but 

failed to 

312 

-2L. 

{dlEcounted" it and Fencouragedl the sale, or (3} 

"explain'r the age recoffflendations. The survey found 

that e aubstantial najority of the dealers in fact coffnunicated 

the age recommendations. The CPSC nonetheless haa aBserted that 

the sutvey indicates that a rnajority of the dealers either failed 

to "explain'r the warningE or 

rrdiEcountedr' them. The srrrvey form 

does not provide any definition of t'rhat night conBtitute 

"discounting" or failing to "explain" the age recorunendations' It 

ia entirely posslble that tbe investigatorE characterized fully 

approprlate dealer conducE aa "discounting" the age 

reconmendations or faiting to "explain" them in enough detail to 

aatisfy the investigatoEs' subjective judgment. 

The aGcondr nationtgide CPSC Eurvey htas conductEd 

aomewhet nore systenatieally. but (tike the firEt CPSC Burvey) ih 

isolated a single elenent -- ealespereon8' olal representations -- 

froft the conEext of Ehe overall safety prograft iftPlenented under 

the conaenE decree and focuEed on that elemenk 

di sptoFor t ionately. 

2- Distributors' Re8ltonse 

Not$ithEtanding the questionable valldity of the cPsC 

aurveys, the ATv diBtributorB have reaponded to concernE about. the 

reported findings. Iffiediately afEer learning the resultB of the 

Virginia Eurvey, each di6tribuEor Eent a mailgran to all of itB

sr8 

-22- 

dealers advising bheil of the Eufvclr findinga and streBcirig the 

importance of inforning cuBtonerB of the agc recoftnendationB. Thc 

distributors sent siftilar cornunications afEer receiving notice 

of the nat.ionwide eturvey, SaEpIe mailgranE and other 

communicationa aie included in rhe compliance Binder rt tdb D. 

In addition, the disrributora have individually 

developed, in consultation uith the CPSC, a vdriety of different 

methods to augment Ehe communication of the age recomendation8. 

These net.hode include Eending "follow-upn 

letterB and 

quest.ionnaires to ATV purchasers to ensure ihat ttey have been 

told about the recoflmendationst providing aE the time of purchase 

a letter or postcard that encourages purchaserB to inform the 

distributor if a dealer failed to give the recomnendations; using 

investigators posing as shoppers to check dealer performance, 

requiring cuatofters to sign a pre-sale checklist t.hat prominent.Iy 

feature$ the age recomendatione before a sale ie conpleted; and 

arranqing periodic rneetings betueen dealers and their distributor 

representacivea to discuss and reinforce the importance of 

coiflftunicating the age recomftendations in an appropriate fashion- 

. Each diBtributof has algo revlesed the procedures and 

sEandarde it appliee in deLernining whether Eo invoke the 

processes under state lar{r that night lead to termination of e 

dealer's privilege t.o Bell ATUB in appropriate ca$es. A number 

of ATV dealers are now in the process of being terminated,

v. 

s14 

-23- 

NevertheleBs, the dietribuEors view termination aa a IaEt reaort, 

appropriate when other efforts Eo correct dealer practices have 

failed. 

The PubIic Anartsnegs tredla Campalgn Exceeded ite 

Goals for CorTrfiunicating Safety Messages to the 

Target Audience 

Pursuant to the terfts of the conBent decree, the ATV 

diBtributors conducted e CFsc-approved public awarenege nedia 

canpaign, costing roughly eight diIIiofl dotlars, to pronote aafe 

ATV uee. The campaign conaisted of two "fllghte," one in the 

fall of 1988 and e aecond ln the epring of 1989, using network, 

cable, and local spoE beleviBion, as neII as print media. The 

caftpalgn wae designed to alert ottner8r ueere, and prospectlve 

purchasers and uBer8 of ATV5 Eo the potential haaardls and risks 

associated erlth inproper u$e of the vehiclea, The carnpaign 

exceeded all of its goals for reaching the targeeed audience. 

Copy StraEegy 

?he srf€ty lnforftation lncorporated into the ruadia 

campaign reeulted fron negotiations betrreen the ATV disEributors 

and the Government. The primary mesgage of the advertisementa waa 

that EeriouBr o! €v€n fatal, injury can occur if the vehicleg are 

not operated safely and reeponeibly. To Bupport this message, the 

!.

' ' 

Qrr 

sru 

- 2 4 - 

advcrtlGcncnta covcred a nurbcr of pointr concerning eafc uce of 

ATVS, includingr 

Children under 16 Bhould not. operate 

aclult-sized vehicle$. 

Even on children'a oodels, childr€n under 

l6 need cloae adult Bupervision. 

A heImeE Nnd other protective clothing 

should always be norn when operat.ing en 

BeginnlnE and inexperienced riders Bhould 

Eake a certified training course, 

The print adverfisements, ehich could include more information 

than a 3o-second television spot, also pre8ented additional poinEE 

about aafety, includingr 

o 

o 

U$ing this 

Hilly and diffleult tcr16in requirea extra caution. 

Excessive sllced and "stunt* 

riding 

increase the risk of having an accident. 

Riding with paaEengera increases the risk 

of having an accident. 

"copy Btrategy," Ehe diBtributora developed 

t$o advertising canpaigne rreing different creative approaches to 

communicate Ehese safety meaaages to consurherB. Ae required by 

the consent decree. both campaigna Here then extensively tested to 

asseEa bhe level of vieuer coEprehenaion of the prinary message 

and Ehe specific Bafety factora Bupporting the message. The 

canpaigns were also evaluated on Ehe baeie of other neaaurea of 

.iil

816 

25- 

connunication effectivenesa coftnonly u8ed to teBt codmerclal 

advertiBenents. 

Both carnpalgnB te8ted wGII above the indu8try Etandards 

for effective communication of the inEended m€saage$r The 

canpaign that was ultimately selectedl for execution,'in fact, 

scored over 90t in comprehension aE compared to an industry norn 

of approxinately ?01. Deapite these excellent teEting reeulte' 

the governnent required sone minor modlflcatlon of the final 

adv€rEising copy to satisfy Ite concern thae the advertisements 

fuLly conununicate the primary neBaage agreed ro in the conBent 

decree. 

The final producEs of theBe cooPeratlve efforts werc 

creative, well*designed advertisernenta that exceeded all iflduBtry 

Btandarda for effectively comunicating the required mesEages. 

The print advertiEement. and the EcriPt and storyboard for the 

television advertiEenenE ate included in.the compliance Binder at 

Tab E. 

B. Executlonstrategiea 

The cafilteign'E executlon pJ.an was deelgned to achieve 

naxlmun er.poaure Eo the eingle largeat grouP of ATv uaersi nen 

between the ages of I8 and {9. Two Eubgets of thie target grouP 

were identified for particulat.focua: a prinary Eubset (ATv 

* ,+ 

It 

:li 

,I

Bl7 

' -26' 

o$nerB and ugcrgr includlng frrtcrg) and a Secondary aubaet 

(pro8pective ATV purcha8ers). The various nedla being used Eo 

execute the canpaign were selected to reach the target 9rouF. 

Ittoreover, the faII and spring flighte were scheduled to correapond 

rdith the strongeat Eeaaonal salee periods for ATV8. 

The fdII 1988 flight accounted for the heaviest 

concentration of advertising. It uag designed to reach the target 

group during Septeftber through Hoveftber, uhen televiEed footbaII, 

thE World Serie8r and the neH prirhe tlne seaBon attract heavy 

television viewing by tnat grouP. the spring 1989 flight used 

print media to rcnes awarenesB of thc gafcty fteBaages during a 

aecond period r.rhen ATV ssles hiatorically have bEen strong. 

Placement o! thc televieion rnd prlnt advertiBenent8 

efr calculated to mariniEG the Percentage of the target group 

reached nationally. General placcnent strategieE within each 

medium included Ehe follorring: 

o NGtHork . Telefli8:LqE 

Filne tine and Blrortt Frograming (!lL' 

Hondry NiqhtlqE!Er!], the t{orld Series' 

guntct ) . 

Cable televlqlqq 

sl)ortB-orientcd Proqraffilng, provldlng 

highly targcted and efficient placeftent 

( e. s., l'lotowor Id, ture-]Llsgn__II9l!.g 

Cavalcade, auto racing) 

Spot TelGvision 

28-7810-90-Ir

Bl8 

- 2 7 - 

Loca1 sportE and newe programing, 

increasing freqrrency of conrnunication in 

marketa where the targee Aroup is highty 

concentrated (e.9., profesEional 

!rreatling, Iate-night. news). 

Natiqta.L Pr int I'tedia 

Selected ATV enthuEiast, ftalc audience, 

and farm publications (e,9., ATV Sports, 

Dirt ryEeqts, sports tllustratEfi...TEl 

s t-r e a m, r a r m J o[ r nE rll- 

By uging thGE6 placement EErategiea, the campaign reached over 6Ot 

of the target audience nationally ** and 761 in strong ATV market8 

-- three or rnore times, 

c. FaIl 1988 FIight 

These execution atrategie8 proved highly successful in 

the falI 1988 flight. Post-buy analyses meaeuring the nuftber of 

targeb audience ftenbers actually expoeed to the advertisements 

have shown thaE thE media plan exceeded it,s goals. Actual total 

netnork rtelivery was almosE 1031 of the goal, actual spoE 

televieion delivery was 103.5t of the goal, and actual total 

cable delivery sas double Ehe goal, 

lDhe feII 1988 print achedule waB also fully executed 

accoiding to the specification8 of the con8enE decree. The ATV 

ent.husiast nagazines provided a highly efficienE nediurn to reach 

exisEing ATv u8era. The outdoor/recreational publications r,rer€ 

used to reach proapective purcha8ers. 

+i:

D. Spring 1989 Flight 

3r9 

-28' 

- Aa noted above' the digt.ributorr cxecuted an extensive 

print nedia canpsign durinq the EPring of 1989. This eampaign 

enployed the Bane placeftent strategiea aa the faII 1988 schedule 

to reneH broad consumer aHarenesa of the safeEy nessages contained 

in the fall camPaign. 

E. The DistribuEors' Promotionel AdverEiaencnEt 

Relnforce the Canrpaignrs Safety MeBBageB 

The ItoFitive Eafety rorrrqts being connunicrEcd through 

the pubric deareness nedia camPaign have been, and wrrr continue 

to be, reinforced through the distributors' promotional 

rdvertislng. As required by t.he consent decree, ATv 

advertiaementa now contain Eafety messages Ehat coftplenent the 

copy atrategy of the public arareneaa nedia caftpaign. The 

advertisementB alao adhere to other detailed guidelines in the 

decree. This wlII enaure thaE oHnerS' u8erB, and prospectlve 

purchasers of AtVs continue to be alerted to the Potential haearde 

associated with inPEoPer ATV uae.

320 

29- 

ATV Owners and Other Hembers of ehe pubIIC Are 

Receiving the Safet.y lleaaages Specified in the Consent 

Decree Through a Wide Variety of l.techanisme 

The conEent decree requires thdt known currenh AfV 

oeners and purchasera of new ATVB be provided certain r[essageE 

about safe ATV use. The distributors are cofiinuDicating these 

Eafety me3Eage8 through a wide variety of nechanisins. In 

addition, programs have been establi3hed to provide ATV safety 

Lnfornation to other nembers of the public. Hhen cofrbined with 

the ftulEi-million dolIar public a1vareneg6 nedia campaign discugged 

in Section V above, the$e varioua coftnunications constitute a 

comprehensive and trnprecedented program for providing produet 

eafety information to congurnerB 

A. SAfEty MeaAages tO 

paBt rFurehaEerE 

All known pasE purchasers of ATVB have been supplied 

with CPsc-approved aafety fiessages in a newly*deeigned, ?0-page 

supplenent to their owner's manuale, on supplemental IabeIE to be 

attached to their vehiclea, and ln a "safety alert,, publicatlon. 

' 

l. Owner'g t{anual Supplement 

The oirnct'g manual iaupplement' 

eent to llasE ATV 

EurchaBeEE providee 2d specific warnings about ATV use_ I*lany of 

the poEenEial haearda are accompanied by appropriate

QOr 

- 3 0 - 

illustrations, and aII are followed by specific guidance about hot 

Eo avoid the hazard. the supplenenE'3 cover and first page stres8 

that the suppletftent containE iEltortanE safet.y infornaEion, urge 

the operat.or to read hhe eupplenent carefullyl and enphasize t.htt 

failure to follow the warninge can result in severe injury or 

death" Compliance Binder at Tab F. 

?., Suppleftental LabelB 

The distributors have alao aent past purchasers 

supplenental general warning and age recoruuendation labelE for 

their vehicles, The supplenental labela conEain warning language 

prescrlbed by the conaent decree and conforn to decree 

requiremencs for aize, tyPeface, Eornrat, and color intended to 

maximiae their effectiveness. The8e label5 terc tested in a joint 

tesEing progran by experta on warning labels aelected by the ATV 

diEEributors and the CPSC. The resulting Iabels ltere then 

reviewed again and approved by the cPSc. The distributorB Bent 

the general warning and age recoftfirendation }abels Eo all known 

paBE purchasers acconPanied by a prescribed explanatory Iefter 

instructing then how and Hhere to affix the labels to their 

vehicles, 

The gcneral warning label inforus the ATv oencr th.t the 

rrehicle nay be hazardoue to operate, and that severe injury or 

death nay result if the oPeratol doeE not follow Ehe Preacribed

322 

'31 - 

operating inBtructiona. Ehe age recornmendation warning label 

atates that operation of the ATV by chirdren under the recotrfiended 

ages can increase the riBk of severe Injury or deaEh. It further 

warna that. adult gupervision le reguired for ATV use by chlldEen 

under age 15. coiftpliance Binder at Tab G. 

3. ATv Safety Alert 

Under the Preliminary Consent Decree, the distributors 

nailed an ATV "safety alert" publication to aII knolrn FaEt 

purchasers, The $afety alert stresses that the ATV Is not a toy 

and can be hazardous to operate. The safety alert arso Eeta forEh 

specific warnings paralleling those contained in the rdarning 

Iabe1s described above, For example, the safety alerE provides 

age reconmendations, emphasizes Ehe importance of reading and 

forrowing inatructione contained in the owner'B manual and labels, 

and uEgeB inexperienced operaEorE to take a trainlng courae. Thc 

safety alert lnfornE conEuftetg that Bever€ injury or death can 

resurt if these instructions dre not follor.r€d. compliance Bind€r 

at Tab E. 

8. Safety liessagea to New purchaEer8 

Und6r the con8ent decree, the Arv distrlbutorg aIBo nust 

provide cert.ain Bafety meaEageg Eo aIl new purchasera of ATVs. 

fheae nessageg are being deliver€d thEough various meana,

323 

3e - 

lnctuding nett ownerrE filnualg, nerd labcls on thc vehicles, and 

point.-of -purchage communicacions. 

1. Nes Osnerre lhnualg 

The diEtributors have prepared new owner'8 manuals for 

1990 and futrrre model year ATVg. TheBe new manuala neet tne 

detailed criteria for their content 3et forLh in the consent 

decree and contain safety information specifiecl in the decree' 

Each distributoE'3 netr manuals have been fully reviewed arrd 

approved by the CPSC. 

2. New r{arning LebcIE 

Nee, labels, lncluding a Eeneral 

warnlng label' age 

recomnendation label, paBaenger watning label' and tire pressure 

end overloading labelE, are now affixed to all newly ptoduced 

ATva. These labeIe contain inPortant safety fteEBages and idhere 

to the crit.erla aeE forth in the consent decree for size, 

typeface, format, and color. The labels were tested in accordance 

with the consent decree and approved by the CPSC. The general 

warning and age recomendation labels installed on new vehiclea 

contain the same infornation aa those mailed to knot'n past 

DurchaserE.

3. 

824 

- 3 3 - 

point-of-purchase 

Corrmunications 

In addition, the diBtributors have developed a number of 

Eafety-related pointrof-purchase comnunications that are now in 

use nationwide, These inc.tude a ner, safety video, vehicLe ,,hang 

tags,n Ehe $afety alert publication, and a Iarge poster exceeding 

16 aquare feet in size. 

The new_safety video haa bern developed acedrding 

:? !!" detailed guidelines in the Fi'nat Eonsent 

?9!ree.. The script for the video was reJised and 

approved by the CPSC, The video tas been provided 

to deaLerB to be mads readily auuiiili"-ior viewing 

?I i.rull 

and proepecri"e p"i"nase;;-;; ;;.. 

oearerBhtp, Softe distributors also require their 

dealers to provide "foaner" 

copies "i-i;;'vrdeo for 

customers to wabch at home if t.hey prefer. The 

video scripr is included in rhe a;*;ii;;;; Binder 

tl!. I: (A 

l! 

copy of rhe video is luiiiuUr" ,p"n 

requeBt. ) 

The hang tags providecl by the distribrrtors musE be 

placed on aII cTVs offerid for saie.--CJ*priun.. 

Binder at Tab J. 

?he AfV safety alert mu3t be provided to all new 

ptrrchaBers b€fore chey .leave ahe dealership, This 

rlS same 

i: 

safery arerr publicacion rhji was senr 

:?-u.ll known past purchasirs. compriance Binder 

Tab H. 

at 

The_Iarge poster (measuring approximately four Eeet 

by five feet) conrains saf6ry'inroi*iliqi una 

warnlngs, and ftust be.disptayed prominently at each 

dedlership. Information on the lroster is updated 

periodicdlly. A reduced copy of-the posier rs 

included in t,he Coftpliance sinder at taU i.

s25 

3t- 

c. Other Conauner Safety Prografla 

Thc ATI' digtributoEs hrvc aIEo eatabli8hed two othct 

ItroErl|[3 to provide ATV Eafety inforEaElon to consumers: a toII* 

free information hotline and an "outreach progran"' 

1. The Toll-Free Hotlin. 

The ATv diEtribuEors have eBtablished a toll*free 

telephone hotline eervice to provlde conaumera with addilional 

Eafety and tralning informaEion. ConsunerE may calI the hotllne 

to inquire about ATv Bafety or about Ehe training course and to 

receive free copiee of various safety mdt.eriala, including the ATV 

safety alert. and the oener's nanual supplenent. 

' 

2. The outreach Progra[ 

the distrlbutora hrvc cttrblished an noutreach ptograni 

to dteEeminate safety ftaterials Eo consuiter grouPa and oEher 

rntities. Through thc outreach PrograE Ehe dietributors offered 

to provide up to ?5 copies of the ATv Bafety video' 

"on TaEgeE -- 

off Roadr" and up to 11000 aafely brochurea free of charge to 

certain national con8uner orqdni4ationa. They also offered to 

send 50 brochures to the firat I,000 County Cooperatlve Er.tension 

S6Evices that requ6ated them, and to loan a coPy of the video fot 

uae by each service. The offer lctgera are included In the

326 

- 3 5 - 

Compliance Binder at T|.b IJ. ThE program wiII also provide 

brochures and copies of the video to other organizaEionB and 

individuals for a reagonable fee. 

The resFonBe to this program has been substantiat. To 

date, the distributors have responded to requeBts for materiala 

from ovet 1,100 County Cooperative Exten*ion Service branches, the 

National Safety Council, t.he Afterican ATV Assoclationr the 

National Coalition for Childrenrs Safety, 56 4-H chapters, and 

eeveral unlversitiee. 

VII. The Distributors Have Successfully Developed and 

Received CPSC and ANSI Approval of a Cornpreheneive 

Volunt.ary St.andard 

The consent decree required that, within four ftontha of 

it.e approval, the distributor$ attempt in good faith to reach 

agreement on a volunt.aEy Etandard for ATVg satiEfaciory to the 

cPSc. rn fulfirrment of this Eequirenent., the distributors have 

been conducting a publie proceeding to develop the etandard in 

clos€ cooperation with Ehe CPSC. The CPSC det.ermined that the 

Btandard developed Eatisfies the requiEements of the consent 

decree, and on February I, 1990, the American Ndtional Standaroe 

Institute ) fornclly accepted t.he volunt.ary Btandard aE an 

American National Standard, Additional provisione -- for IaEeraI 

stabillly of ATVE -- are Btill in the proceEs of being developedl 

l"]j 

'l

ut interim fieasureg have been approved to coveE aII nodelB of 

ATVS curr€nEIy being 

produced. 

8gt 

- 3 5 - 

A. The Development Proceaa 

The proceaE of developing the voluntary standard hr3 

been fully open to the public and Ie actively moniEored by the 

CPSC at every Btage. 

Shortly after the consent decree took effecE, t 

voluntary Standards.CoffiiEtee (r'the CoEEittee") began to conduct 

thc development proceedingE. The corflnittee conslsts of 

representatives frofi each of the ftaJor ATV disEributors. 

Technical working groups Hirhin the Comiftee are regponsible for 

developing standards for certaln aspectB of ATV mechanicgt 

configuratiorl, braking, rorl and pltch stability, tranEienl 

handllng characteristice, and bouncc characterisEica. PIEnary 

meetings of the Comitfee are helal ln washington, D.C. The 

t.echnical working groups meeE in California and Ehen rePort their 

pEogre8a at the plenary eessione. Both the plenary and working 

group sessionE have bcen fully opcn to the public. the CPSC 

publishes noticc of each plenary Deeting in the Federal Register 

and actively encourageB pubtic participation. In addition' CFSC 

ataff particiPat€8 in aII plenary and working grouP meetings.

328 

- 3 7 - 

thc Coilfiittee developed a draft Etandard ahd subfiitted 

it. for review in accordance Hith hhe canvass procedureB of the 

Anerican National Srandard$ Inskitute (ANSI). The CPSC 

deLernined that the standard iB BatiBfactory to neet the 

requirenentB of the congent decree. On February 1, lgg0, ANSI'E 

Board of Shandards Review formally aecepted t.he volunt.ary Etandard 

aB an American Nalional Standard. 

B. ProviElonB 

1. The Voluntary standard 

the agreenenE currenEly in effect beErdeen the 

dist.ributore and the CPSC cover8 all areas deefted irnportant by the 

CPSC staff, either in the baaic etandarda docunent or in Beparate 

arrangements with individual disEributors, The voluntary Etandard 

ItseIf conprehensively covers aII subjects Ehat Ehe CPSC sought to 

have addressedp excepE for lat.eral sEability. FurEher work is 

being conducted to arrive at a Etandard for lateral Etability. 

Unt.iI such e standerd can be established, the Cpsc-appEoved 

inEerim nethod for dealing eith the lateral sEability issue 

reprecents a conprornise of divergent opinions. 

The standaEd setB ouE detailed requirements for nurneroue 

a5pect6 of ATVB, inclrrding:

s29 

- 3 8 - 

equipment. and configuration, including brakeE' 

controls, tire3, ftechanical auepeneion, and o$nerr8 

manuals; 

performance of service brakeE and parkinE brakea; 

pitch etability (i.e., resistance to rearward 

overtur n ) t 

Bpeed IimitationB on youEh vehicles. 

The provi8iona of the standard are set out in the cPsc Eedelql 

Begi_q!_E! notice published January 13' 1989, lncluded in thc 

Compliance Binder at Tab ttt. 

2. The Interin Agreernent on Lateral $tabllity 

Lateral atability (@, reaietancG to sideuayl 

rollover) has been addreseed in Ewo ways. Fir8t, although all Ehe 

di8tributorB disagreed uith the CPSC as to the appropriateneaB of 

uBing static criteria!,/ to define lateEal BEabiIitY' each agreed 

not to ftanufacture any ATV with a static stability factor 

IoercE than the lowesE factor in ibs oHn nodela then undcr 

production. The cPSc has tested currenbly-marketed ATVB and found 

Ehar they all pos$e8B a K8t of at least 0.89' The cPsc has found 

this to be an acceptable minimum leveI. 

4/ The distrlbutor8 beliivc that aince ATvs are *ridct- 

Ective," Btability can only be assessed by dynamic teBt8 thatinclude 

fteaEureEent of the effect of rider behavior' The CPSC 

^.inoAof"q' Iook' only at the configuration of particular machinee 

without a rider.

BBO 

- 3 9 - 

Second, the Voluntary Standards Corunittee is performing 

further research in En attempt to develop dynaftic tests for 

Iateral etability thAE vrould be acceFtable to both the CPSC and 

the di3tributorB. 

c. CompI iance 

ATVB currently in productlon meet all of the 

requiremenhs under the voluntary staDdard, rhlch appliee only to 

four-wheeled ATVE. No comparable standard exiEtB for three- 

wheeled ATV3 and developnent of such a standard iE unlikely in 

the fore'eeabre future. The ATV di.tributors thus are prohibited 

from manufacturing or market.ing three-wheeled AfVs becauge the 

Final ConBent Decree prohibits the manufacture of Ehr66-p6*.1.6 

ATYs unless and until they satisfy a st.andard acceptable to Ehe 

cPsc. 

VIII. The AEV Distributore C6ntinue to Support t{eaningful 

State Legislation on ATvs, Which Could flay a 

Positive EoIe in ltinirnieing the RiBk of AccidenEs 

The ATv distributors support meaningful sbate 

Iegislation to regulate the use of ATV3. Recognizing that such 

legislation can increase safe riding and reduce injuriea, the 

distribulora have produced a nodel A?V larr, varioue Farta of which 

have been enacted in many states. the diBtributora uEge federal

331 

-t0- 

support lor atate legiElation that 

progra|[ esEablished by the decrGG. 

The SVIA ldodel Lee 

will couplenent the safcty 

the ATV diBtribuEors have actively EuPPorted state ATV 

legielation on many aspect8 of ATv safety. In 1986' the SVIA 

developed a nodel sEate Iaw to regulate ATV use. The proPosed las, 

requires regisErabion of ATVB and callg for training and 

certification of ATV riders. The lau prohibiEs dangerous riding 

activitieE, including operating ATVS on public roadB' oPeratinE 

them while under bhe influence of alcohol or drugs, and carryinq 

paBsengers, IE also requiree aII riders Eo hake certain safety 

precautionB, including wearing helmetB and eye protection, and 

escablishes additional linitations for youth riders. Theae and 

ogher proviBione of the SvrA model law have been enacted in eone 

form in many states. The National Conference of State 

LeEislature8 ln DEnver, Colorador provides the SVIA model lri{ to 

legielat.ors upon request. 

.. A Eecond model ATv law was developed by the Association 

of Food andl Drug officialB ("AFDO"). This law was drafred by a 

comnittee of CPSC statE designees and i5 Patterned 

after the SvrA 

nodel raw. the AFDo model law i$ cited in the suggested 9qaqq 

LegiSlgljg4 publication of the Council of State Governments in

f,exington, Kentucky, 

York, Pennsylvania. 

agreed 

332 

- 4 1 " 

and ie available to legislatorg fron AFDO in 

B. ATV Industry Lobbying 

Through the Final ConEent. Decree, the ATV distributors 

noE to oppose . . pendinE or future atate legiBtation 

lfor the licensing and certification of ATV opiratorsl 

to the exlenl that it provides for age Limits for AtV 

operators consistent rrlith the age recomendations 

specified in thiB decree or for the requirement of 

hands-on training before a certificate or Iicense ig 

rSsueo. 

The ATV dist.ributors and the SVIA have consisrent.Iy complied with 

EhiB agreement. In fact, in the one instance when the CPSC 

Iooked into industry lobbying activit.y that had been questioned, 

the CPSC dropped the investigation after learning Ehe facts. 

The biII againBt which Ehe distributore and the SVIA 

had lobbied pronibited use of any ATV under any circumstances by 

peraon$ under 16 years of age. This language Has plainly 

contrary to the age recoilnendations of the consent decree. 

Moreover, the distribulorB and the SVIA noted a number of 

deficiencies contained in t.he bill that rendered it undesirible. 

It included a labelling requirement that was Iikely to diminieh 

the effectivene$s of Che Cpsc-required labels already in use. In 

addit.ion, ib containcd no provision designed bo increase rider

. 

606 

l'lE 

- { 2 - 

cducatlon or training. The diEtrlbuEors rrill continue to exercise 

their right Eo lobby againsE lcgislation that contradictE, or cvcn 

lnterferes with, provisions of the conBent decree, 

C. The Role of State Legislation 

StaEe legialation to regulaEe Alfg use in rn rppropriatc 

fradner could play a helpful role in reducing rieke fron improper :- 

uEe of ATVE. In bhe najority of inBtances, ATv-related accidenta 

involve ridtng behavior that the distributors specifically warr. 

againat' such as riding Hithout a helmet, abuBe of alcohol and 

druge, carrying paBBengerBr and riding on paved or public roadg. 

Although the congent decree goes a long way touard8 educaEing the 

riding public about proper techniques, and about the dangers of 

improper Eechnique8, it can do only so much. Regulation of uaeE 

activitieE muBt cofte froft the sEaEes, The ftodet legislation 

recommended by t.he ATV indu3try Hould give state8 the porrer to 

€nforce proper ATV rlding praclices and help reduce the injury 

leveL even fuEEher. 

It(. Conclualon 

The ATV distributors have made great progreee In 

implemenEing the varioua aspects of the unprecedented safety 

progran contemptated by the consent decree bet.Heen the ATV i 

induEtry and the government. rt$ effects on injury reduction are

sB5 

WILLI r r,; Fnrr R & GITLAGH n R vdhinf,hn, UC 

Aprll 2, 1990 -l 

Representative Doug Barnard, JE. 

chairman 

commerce. Consmer and ltonetary 

Affairs Subcolftnittee of the 

Committee on Government oPerations 

U.g. House of RepEesentatives 

B-377 Rayburn House office Building 

l{ashington, D.c. 20515 -: 

Dear Chairman Barnard: 

I appreciated the opportunity to teetify on behelf of 

Yamina Motor corporalion, u,S,A. at your subconunittee 

heari$g on February 28. 1990. This is Yamaha's respon6e 

to your letter of llarch 12. 1990 requesting an6iders to 

written questions from the four major ATv distributors' 

Questions 3-4-5-6 & 7 were anEuered in a joint industry 

response submittetl to you by ltr. Hoerard P. will€ns ort 

ilarch 28, 1990. The attached represents Yamaha's response 

to queEtion6 I-2 & E, 

uatthew R. tlchneider 

Enclosure 

Prir 

ThR ljlrFh C?nF TGkr: [f"t 2lffil 

llss qt{ skect. NV Vtl B9.t?6! 

wshindon. DC:m36-330t Fcx: 20! 887 8ffi 

tot 3r8 8fi[ !0! 331 EIET

QT'E6TIQilI 

336 

YAIi{AHA I{OTOR CORPORAIIOH, U,S,A, REEPONSEE 

Yamaha cloBely monitore dealer compliaflee nith 

Yamaha'E a{Ie reconm€ndation policies through a varlety of 

mechanisms. Yamaha has lmplemented B dealer compliance policy 

tthich us6s (1) telephone Burveys of each dealer; combined lrith 

(2) regular and "Bpot" vislts of dealerships by Regional and 

District llanagere, In addition, Yamaha haE eetablished a 

Epecisl post caEd notlficatlon program to monitoE dealer 

compliance with Yamaha'E age E€corffnefldation policies. The post 

card, \thlch ls appended to the front cover of each Yemaha 

ouneE'B manual, Eestatea in bold letters Yamaha's age 

tecommendationE and inEtEucts the purchaser to mail the 

pEe*addEoEsed cnd postage pBid card to yamaha in the event thet 

he or Ehe uaE not properly advised of the age recomrnendations 

by the dealer, Yamaha also respondg to outside sources of 

lnformation pertaining to possible dealer misconduct. Any 

credible allegation of dealer misconduct brought to Yarraha'E 

attention by goeerilftentel end other sourc€s ls investigeted by 

Yarneha.

gsz 

Yamaha iE undertaking an aggressive, uhdercover 

monitoring program of itg dealership network. Yamaha wiIl use 

this monitoring program to identify instances of dealer 

noncompliance and lrill take the lrecessary steps to bring 

dealers into compliance. 

QI]ESTION 2 

AE stated in guestion l, Yanaha lnvestigates ill 

alleged in$tances of dealer mi$conduct. where alleged deaIeE 

noncompliance is demon$tratecl, Yamaha takes appropriate 

disciplina,ry action. fo date, six dealer termination 

proceedings have been initiated by Yamaha aa a result of such 

undercover inveEtigatlonB, 

AUESTION 8 

The detailE of the sales tEanaEction in Haggarty v. 

Yamahf, vrere never diBcussed during the deposition in question. 

Thus, it r,uould be unfair to draH any conclusions at this time 

about the level of dealer compliance in that ca5e. It r,rould be 

inappropriate for Yar$aha to make any furtheE comments 

pertaining to Haggarty v! Yamaha, since the matter ie pending 

and the facts remain in dispute. 

q

Uarch 29, 1990 

338 

EIONTDA 

AMFJ 

RICAN HONIJA MOTOR CO., INC, 

P.O. BOX 50 - t00 w,,ALot{oRA BLVD.. GARDENA, CAL|F. 90247_@5 

CAELE AODBESs AMEHON. GAFDENA, CALIF.(213)327_8i80 

Representative Doug Barnard, Jr,, Chaiman 

Connerce, Con8uner and l,Ionetary Affair6 

subcomittee of the Conmittee on 

covernnent operationa 

U.S, Houge of Repre6entatives 

Rayburn Houre Office euilding, Roor E-32? 

WaBhington, DC 2051s 

Dear Representative Barnard, 

RECEIVED 

f.AR 

5 0 F90 

'"fflffi*!3Hffiffi.. 

was glad to have the opportunlty to participate in the 

l:"t_1_tq,?1,1Tv :.l-f"ty 

before youi subcoruiittee on F"b;.r+;i, r 

am suDnrttrng thts fetter for the hearing record on bdhalf ot 

American Honda to answer rnore furry certain guestions irr"i-u""" 

raiEed in your retter of invitation and auririg trrE rrlaiinf r,rrtrr 

regard to Arderj"can Honda's effort8 to aaBure ttraf intornaiion-auout 

aafe ATv use ig conrDunicated to every ATv purchaaer accuratelv-and 

completely, Thia letter al6o regponds to tlhree questlons __ ,r,lrb*. 

one, tuo, and eight -- that accompanied your lEtter of Iqarclr fz, 

1990, to Honard Witlens and that appear to caft tor companyspecific 

responses. 

. The position of each of the four najor ATV di'tributors in th. 

i1!9stry 

is unique, and each diEtribritor has taken a Eorflewhat 

different dlfferent 

-approach .to eneuring that the age reconhendations 

estabJ.rshecl qFlcefrrreq by py the Ene finaf rrnar consent con6ent decree are being cofiftuhlcated comrnunlcated to 

alr q+r proepected f,reElrEsEeq and anq actuar acEuar ATv Arv purchasers, Americair American Honda Hohda deveiloed developed 

the firat ATV, ancl began selfing: A?VE in 1969. rt has been a 

_I_eader in developing end.inpleneitlng 'enerican 

Eafety programs, 

HondarE approach to the issue 6g dealer coopeiatlon with the age 

reconm€ndationE he6 been fulry conEiEtent vittr ttris triEtoircar 

connitment to 6efety. 

Respon8eB to Cor0panlr-specific OueEtiona 

Oue6tl,on one 

After.ldah llonda votuhtarlly adopted a prograrn for undercover 

nonitoring of it6 dealerg 

_ long- befo-re the CpSC Eugge6tedl lt late 

Iast-year. 

_ 

In 19S9, American llonda spent nore trrii " qrruitei ot 

a million dollars on nonitoring.

Repregentative Doug Barhard 

Page fl{o 

339 

In the firet half of I9a9, ve aent inclependent investigatore 

to nonitor armost 90 percent of our dearershife. The inve€tif,ators 

first asked the dealer representative who approached ther whit ATv 

$ourd be right for their ovn use. They then askeal if there lrourd 

be any problen if a lo-year old boy nere to operate that Eane ATv, 

The results were heartening. xationwide, in olver 7o Fercent. of ti., 

dealerships eurveyed the. dealer repreeentative gave a*reepons+,.hat 

yras consiEtent with Anerican Hondars age recomendation dlrectiveu. 

In sone Etates we found l0O percent cornpliance. 

American Honda th€n folrorr€d up with the dearere ne uonitored, 

lfo the dealerg found in cornpriance r.rith American Honda.a itirectlveg 

under the conaent decree, se sent a congratu;tbory letter. To the 

dealerEi found out of compliance sith any con/.:ent ,i".."e directive, 

we sent a letter outlining the manner in which the dealer was found 

out of conpliance, directing the dealer irnmeiliately to cornply with 

aII. ttonda's requirenents, and uarning that the dealer niy Ue 

nonitored again in the future. I{e arso gave a copy of each te-tter 

to the dearersr fierd repreeentatives Jna asked-then to contact 

dlrectly the dealerE vho were founCl out of compliance, 

I{e also conducted other Donitoring tn L989, After PIRG 

releaEed the results of its teleFhone su-rv"y last faII, American 

Honda sent undercover monitorE back to the dearers in the nrne 

Btates that PfRG had surveyed. The results of that in*store 

nonitoring -- which we think proaluces nore accurate resurts than 

the terephone hethod prRc used -- showeil that about 87 percent of 

the dealerB rirere cornplying hrith the age recoilmendation 

requrrenentE. rn all but t*o states at rea6t 90 percent were found 

in cornpliance, 

We are nor in the- procese of doing EtiII further uonitoring. 

gorng back to the dearers that nade iiproper age reconnendrationE 

during either our own survey in 1989 or the cpscr6 nationwide 

survey. DeaLer6 wholn He find uaking inapprorpriate dlle 

reconmendations during thi6 round of monitoring -to aie neirg asked to 

sign a stateneht agreeing that thiE failure conrpty- witf, .g. 

recommendation directives conEtitutea good cause for-terrninatiof,, 

and that they Hirr not chalrenge such i tinaing if anerican Honda 

bTllg: ternination proceedings against then in the future for 

aoorf,ronat vroratrons. T€Hhlnation proceedings yiII be brought 

againEt dealera uho refuEe to sign, 

t{e renain connitted to rnonitoring a6 a ueeful technique -i.irer to 

achl€ve ahd naintain the naxinu.n flossibre rever--"f 

compriahce uith American Hohdars directiveE issued p,rr=rrort i" trr" 

conEent decree. we anticipate that tre rrill be doing further 

monitoring of a saDple of our dealerE over the next year-.

Teltrc8cntative 

Pdg€ Thr€6 

Ddug Barnard 

340 

ouestlon 1\ro 

American Honda 16 not reluctant to take all avallable 6tepE 

to diEcipline d€alers who resiet our efforte to bring then into 

compliance with our directives tegarding Ege recornmendati.ons' we 

do face cettain linitations: American llondarE dealer contractE and 

the Etate laws govetnihg then do not pernit us to withhofd peltherlts 

or shipmente of product to deafers who fail to comply with our 

directLves. There may also be some exposure to American Honda in 

some Jurisdictlona to liability for vrongful termination' 

The moat draEtic etep available. of cour3€' Le tentination of 

the dealerehLp. To date, Atnerican Honda ha8 inltlated terrninatlon 

proceedings againet two dealers who failed the cPsc'E nronltoring 

progran, orle of whon failed two instances of nonitoring by American 

uonda and one of whoh voluntarlly chose ternination. A third 

dealer who failed both the cPSctB and Hondara Burveys has filed for 

bankruptcy and is no longer in operation. other dealerg who do not 

r"=pond appropriately after being confronted with clear evidence 

of a pattEin bf noncbnpliance wiII also be terninated. American 

Honda has also brought termination proceedings aqlainst three 

ilealere who failed to comply r,Jith our directives by Eelling neu 

three-r,rheel ATVE, 

QueEtion Eiqlrt 

If we recelve infotmation at Anerican Honda headquarters that 

a rlealer representative alIegedly nade verbal represcntatidn6 to 

a customer in violation of out ditedtives regarding age 

Eecommendatlons, it traa been our practice flrst to attenpt to learn 

the details of the alfeged incident. rf it appears that the deafer 

was, in fact, in violaton, ue typidally send the dealerrs field 

representative to visit hin' The field repte6entative attenpts to 

inprese uFon the dealer the irnportance of making proper 

repreeentations and Horks to brlng hirn into compliance. In aone 

inEtances lde have also aent our own undercover nonltors to 

lnveatl"gate dealers alleged .to. have violated alte recomendation 

directivea. If the proper representatione are made to Anerican 

Hondars orJn lnveatigator, we regard the dealer aE having cured the 

violation. If inproper statements are nade to the investigator, 

ue may take additional steps to bting the dealer into cornpliance, 

such a6 ineleting that the deaLer eign an agreement whereby 

evidence of one additional violation uiII automatically result in 

terrninatlon. In the alternative, rte may bring temination 

proceedings again6t the dealer if he has consistently demonttrated 

in unwitlingneee to comply uith our directivee'

Beprtrcntativs Douq Barnrrd 

Page Four 

tdditionil 

s4r 

l,tcaauics For itrturrlcatinq 

Aherlcan Hondd hdE aleo developed, In cooptratlon with the 

CPSC, a variety of ueaEures in additlon to those epecifically 

contenplated by the conaent decre€ to further aEEure that no one 

purcha5ea a Honda ATv without knoving the recorunended minihum age 

for operating lt. Theee DeaEures Eupplement the varioue 

comnuniatj.on devLcee thet are reguired by the final consent 

decree. 

To aeELet dealers ln Elvlng the approprlate lnforilatlon, 

Aherican Honda now provides aII ite dealers with pocket reference 

cards for their sales personnel. These cards are printed Lrith the 

age recornnendatlons and training infol.rration. Dealers also receive 

teLephone stickers bearing the iane infornatlon to assure that 

personnel responding to telephone inquiries qive the appropriate 

lnfornation about training ancl recohmehded minimun ages, Sanplea 

of these items are encloeed. 

Honda has alEo created three additional devicea for 

cornmunicating information about 6afe ATv use to purchasers in 

trriting. Before a sale iE coDpletedr a Honda ATv purchaser nust 

sign a form atating that he has been given a variety of safetyrolated 

inforilation ahd must initial a box to shor{r that he haE been 

told of the age reconmendations, The purchaser then receives a 

package of inforruation ririth hi8 AfV that contains a Lettel:, signed 

by the vice president of A.Eerican Hondars motorcycle division 

inforning the purchaser of the availability of free training and 

repeatihg the ag6 reconmendations, The letter provides a telephone 

nurnber and ask6 the purchaser to inform Arnerican Honda if the 

dealer did not discuss the age reconmendations trith hin prior to 

purchase. In addition, $e have developed a survey form to be serrt 

to purchasers a few weeks after purchaEe. The fom asks a variety 

of questions about the sales transaction, including whether the age 

recommendations sere given, Copies of the checklist, the letter, 

and the survey forn are encloB€d. 

fn light of the measures A.Derlcan HondlE lre8 teken to €nBure 

that the age reconrt|ehdationE and other safety information are 

conmunicated to prospective and actual ATv purchasers, we were not 

surprised when a aurvey of recent purchasers revealed that 95 

percent of personE rtho hail children under L6 and purchased a HonCla 

ATv were aware of the age recothendations at the tine of purchase. 

-f +,

IIOilIT'A 

343 

ATV AGE HECOMTENDATIONS 

. A96 12-15: up to 90 cc. 

.16 ancl ovsa: 91 cc snd uo. 

FHEE ATV TRAINIHG 

. Aveilebl€ to rsgistEr€d own€r plur family momberE. 

r Incsntives: $50 cssh, S/5 merchandise ewgrd, or 

$100 U.S. Savings Bond. 

IICDIITIIA 

ATv AGE FECOTIEHDATIONS 

r Age 12-15: uP b g0 cc' 

. 16 end ol,sr:91 cc and uP' 

FFEE ATv THA|rllHq 

. AyailBbl€ b regiEt€r€d orvner plus 

family members 

r lncentivss: $50 cagh' $'/5 

m€rchandiso g|flard, or $100 U'S. 

Savings Bond. 

u6D s0@ {S002) 

MCD 5002 (S002)

Dear Honda AW Owner; 

344 

INONTDA 

AMERICAN HONDA MOTOR CO,. IN(:. 

F,O, B()x 50 - l0o w- ALoNDBA BtvD., GARDENA, CALIF. 90247 

CAELE AODRES _ AMEHOH, GAFDENA, CALIF 1213) 327 _8240 

I want to thank you for your purchate of E ndu. Horda ATv- Please enjoy it, but ride $8t6ly end 

responsibly. 

Jenuery, tggO 

We at Amarican Honda feel AW Tralnim ptrograms, plus the Age Erco.mmanda.!!94 hang tags and 

vehicle stickers. ultimately 8dd to )bur enioyment. 

We believe in proper AW Training for eery {amily member whd rid66. That's why w6're offering tr€€ 

training to you and imrhddiate {amily member$. yutE meet the age requirBments, You $hould have 

rmeived free training coupons from lour dealer- lf not, please ask for them. 

The training will be provided by the ATV Satety Insthute (ASl). An ASI reprasntetive will contact yoL 

wn. lf you preler, you may ffintact them dirffitv at their toll-free number, ![O0-447-470O. They 

will h6lp schedule your ATV Sale Rider trainirE. 

When you or a qualilied family membar mplete the raining. ydu will receive ydur choice of onB of thB 

following: a 95O,0O chmk, a $1OO.0O U.S. $avings Bond, or a $75.0O Merchandise Csrtificdte. 

An important part of Ary sslBty i$ prop€rly mEtching the rider to the ATV, That's why you'll tind an 

4E! 1rofllCFlio_n Eticker and a Hang Tag on all our AWs, 

The hang tag and sticker make thd Same recommendations: 

A Child unde. I 1_2 y6a-E _o_ld, shouH ftorror oFf[ilG an ATV with qn elr_gina si3e._20_ rg g!9lgqt6!, 

A Child und6r 16 y6rl8 qE tq{ld-novtr 

oFffata an ATV with an engine siilrqc4;_9!ll9q!q' 

Your d6al6r should have discussed the ag6 ffimhendstions and the availability of training with ]rcu. In 

the event he did not, please contact us iftmddiately by elling (213) 532-9811 . 

Mednwhile. please read your Omsr'a MEnudlttroroughly. lt contains iftlpofiant safety and 

maintenance information, 

Please heed the agB raquir6m6nB. 0ar p:opor rrainkg anC * "Com 

rkla with u5." 

Sincerely, 

/ )r / lt 

'{d (H.JPu* 

Hod Anderson 

Vice-President 

Motorcvcle Divi8ion 

MCD 4W (ffil)

845 

HONDACARE SURVEY 

*.. Please ffimptete and return within 7 days.* 

FOR OWNER VERIFICATIOII PURPOSES; 

Please verify the foilowing Vehicle ldenti{ication Nurnber (vlN) foryourner,v Honda ATv: 

Please chock (/) the appropriate ansiwer: 

U Y6s, thg abov6 is lfi€ dft€(l numb€r 

tr Nd, th€ dovd is mt tlE dDri€d numbdr of my new Honda AW. 

tr 

tr 

Theffr€d VIN is: 

I donl kmw becaus l'f, wdilhg ttr d€Iv€ry ot my n.*EEa n-tV, 

The above does rm apdy ro ffi b€caus t hil6 !q! pu|tfiesdd or taken 

tlonda 

defvery of a 

ATV. 

new 

BEFORE YOU PURCHASED 

YOUR NEW HONOA AW: 

Did the salesperson explain the age recommendations tor operating an ATV a$ stated 

below? 

- Adild sd6r 12 y@old CE.# ffidiwtr ATvEith sfigtEEhoolmetrgHtr. 

- A diH urd6r t6 )€a6 6H EtujE ffi d.i€ il ATv ri'| il eriglm 6a6 ol g@H tEn goe. 

EYe EHo 

Did you take a demo ri

s46 

ATTHE TIME YOU TOOK OELIVEFY OF YOUR T{EW HONDA ATv, WEHE YOU... 

Givenampyolthdsal€stEffi'sDoliwyctt.r*tbf? . E yes I m 

Gived a 6py ot tho ATV Safdry Abd and an explan*tion of its 6fit6ntf? . 0 V* D lO 

Givenanerplanat'nnolttpATlfrfedubsandffirtsk? . Eyo Eff" 

GivenademonstrationotthdoF€Htiffio(yrwmwHondaATv? . , . . Dyse ilno 

Glvenadesiplionofthelnfomdimmahedh]ourorner'rManual? . B Vo E uo 

Giy6n Epi6s of the appllSh wanarty potcias and an Edffiuato 

€xplenatbn dt ths Hretyffi]{6? Ev* Em 

Advis€d ol your pdrlodic ffiifltonsnce ruEponsftifiim? 

Intfodutrd to th6 Panr eftd S€n ire D€Filtrrffts? 

Ghen a opy ol lhe S6t up.ard PlE{shEy drer*Ist s8€d bty fte Sailir 

r)Opanm€rn, ro S{ln and |€sp lor yur pmsrd rmrds? 

ToH what additional affisrios iladrrailaHeltryow nil t{onda ATV? 

Given mpies of ATV safe ridirrg hocturae? _ . 

.Told lhe lmportarm o{ weertrg a helnre erd Edoty EFpaf6l? 

Med€ errrerd of r{lmmkrg lebdb oftlhoATW 

Otfor€d a dlancs to vhw m ATV rda rifng v{d€o? 

Given a ampleted cdFy of the ATvTcinirg Cenfl.mte? 

Infomed dbod ATV sel€ty clasos otttr€d by ihe deatership or elswhore? 

Infonnsd abod th6 inc€riliws ffrilebb for d€r|dftg il ATV ssfety dffi? 

Giv€n tr ad€quate drpleatim o{ ilrd frTo.taffi cd th€ predd€ lnsp€adon 

End how to p€rftrm it? 

SINCE TAKING DELIVERY.,, 

Hav6 you b€€n contacied by ffird lm your deahrship ld eEft ebouf 

your slBtactKn w(h your Hofila ATVT . - O Ver 

Wer€ th€r€ any prcbl€ms wilh lbur nerr llonde ATV when wu fiet 

r6ceiv6d it (i.e. during th6 fiEt S lwrc ot we)? 

Hav6 thtr€ b€€n any poblems wirh lmrr trff Honda ATV qEErtho liEt s 

hour8 of us? E yes 

[ve En" 

EYs Eno 

Ev* Eno 

ilYes [ru" 

E Yer U t'to 

flv* ilru 

Ev"e flxo 

Ev* flno 

Evea EHo 

E ves fl uo 

EYes Ero 

EY* Eno 

8ru" 

EH" 

E tto

Engina 

I 

847 

lf thero were any problems with yorlr n€w Honda ATV, p{ease ch6ck (/) the appropriate 

box for the mechani(Et area(s), prottern(s) or concern(s) that spply, It any. 

Transmission 

Fqol or Exhaust Systofr 

Bodywork ot Frame 

Frcnl SusFnnsioil 

Rear Suslxnsion 

Tir€s 

Bral(sE 

Wheels 

l{aqd a( Fst Conlsli 

Charging Sydem 

Battery 

Startsr 

Lghts 

SwitctEs 

lgnit'En Systsm 

Fde Fridl 

. E r 

. Ora 

. l-l ar 

.lzt 

. Ise 

. Erz 

. Uar 

.Dlt 

,Ds 

Opfdkn 

E a 

trr 

Ors 

Uze 

Ors 

Ess 

Es 

Dg 

Ors 

Dss 

ftiwlilty 

E r 

tre 

Dte 

Oedraodd 

E r 

Ero 

Orz 

Ezs 

Oes 

Os 

Ose 

Eas 

Em 

flso 

Ndsd 

lJs 

0tr 

Dts 

fJza 

Uso 

Ess 

0ro 

0* 

Esr 

Esz 

Vb(di{h 

Ll 6 

U rz 

Drs 

g3ar 

Elr 

Usa 

Ess 

Ese 

Deo 

. Esr Ecc 

Bes 

Ios 

Em 

[Jru 

Err 

Ezr 

trre 

Hrs 

Ort 

ll you ha4â prcblem with your ATV. diJ you lak6 it to il uthorizdd Honda 

dsabfl - ' ' ' ' ' flv* Em 

Was thd Ehov6 pEbl€d(s) lk6d to yflr stbl#{bn? . . . - F v q E lt" 

W#thsabovdpmblom(s)ftrsdp.ompdy? .., .[yes EHo 

lf m, onter th6 numb€6 of the pobl€ms list€d {tdnr |hat weE nol ffi6d to wur satisl#tbn: 

En 

AFTEB YOU PURCHASED YOUH HONDA ATv AND TOOK IT HOME: 

How satisfied !yer6 you with the condition of your Honda ATV when it was detiv€r€d? 

Lsks 

D r 

Ors 

Eeo 

Em 

Usr 

Os6 

Olz 

Elz 

Dst 

n vofy sathliod E somdwhat $disfidJ D somewtrd Dissedisri{# E vsry pissatisfid, 

Please rate your satisfaction with regard to th6 foilowing aspects of your new Honda 

ATV: 

Eassolsteding -, 

Engins regFbnEiv6nss 

Fuel mnomy 

Rids quality 

Appoafaffi/dsshn 

Ovgrall body Hrkmnshb 

Ov€fall qualhy ol ATV 

Wdrranty ffi€rag6 

Evaluation ol your mw Hofidr AW by |rhads, relativ66. 

stc. ..tr 

"toH" 

.Ho,"l,tl* 

D t r t r t r 8 

t r t r t r t r t r 

D N E t r t r 

D E t r t r N 

t r t r t r f l n 

t r t r E t r t r 

D O t r t r t r 

f I t r D f l D 

tr 

tr 

tr 

tr 

E 

'+ 

-:.1I 

-tl ;

B4E 

Although you hav6 owned your n6w Horda ATV only for a short time, pl6a6e itrdicate 

your degree of overall satislaction with your ATV. 

E Vory Sdlislidd E tumewhat Satisli€d D Somewhat Oisselistied l1very Dissatisfied 

WouH you rmrnmsnd your Hondadaat€(to a kisd sr relaiivs? 

Would you rmmmend Honda ATVs lo a lriend or rolativo? 

PLEASE TELL US AEOUT YOURSELF 

Please check (/) those items which describe you. 

Your A€d: 

lTorurid€r ...... lJ 

18-24.....-.8 

2s,2e .. -....F 

3D -34 ..... _ E 

35 -44 . .. ... -n 

,ts-59......-! 

6omdoer I 

Your S6x: Yotr Eds€tlon: 

Gradoshsl - -.... 

Highshsl ..... _ 

Yow Maiital Ststus; 

Singh..... .fl 

Matrbd.......u 

Widfl6d/ 

DiwE€dls€p€€t€d ......,tr 

Numbar of pmpfe in your houE€hold, including youmell: _lsutrt| 

Someollege.,,... 

Coll€O€gHduats.....- 

Gradu#6€cfisl ...--. 

nunbdi 

hthiryurfimtATVpurdffi? ...:....EV* Ett" 

bthlsydurfi6tn€wHondaATvFJncfi{ro? . . _... EVs EHo 

Pdor tro rh&s purchffi. how mtry dl s4h o{ {E 

folh*ing hm 1rou wu owffid? . Uoto.crych{ 

lf }tu prdvbGly ffieO m ATV, whlt w tE ma*€ and 

ATVI 

Sffiteta 

snglnd siu6 ol th€ ATV IEU mst rffintt own€d? tbndr 

(ch€d( mak6 ar|d dngine slz€) 

Yarohx 

ltuwaskl 

Suzukl 

Have yqs wrr r*aaded rn ATV sdfe rliing das? 

ll not, do you plan to andnd on€ in thd ddxt 6 mnths? 

lf not, pleu explain why: 

othtr 

.Evs Duo 

. EY.* Er'lo 

19-- 

0 t { 3 { 

t r t r E t 

t r t r t r 

t r o t r 

tn&rlm lG2{9 

D N 

t r o 

n t r 

t r H 

trtr 

6dmE 

tr 

D 

tr 

25+,349 i50+ 

trtr 

trtr 

trtr 

E t r 

t r o 

. EYea Euo 

. Eve* ENo 

THANK YOU FOH YOUR PARTICIPATIONI

SAI,ESTERSON AOMINIS TRATION CHECX 

Q r;rt*o,r np"'g*- 

U Oll:rold rr8sfiillon 'n FroAril 

E Finrncins rnplLlr,oo nFFror.d 

tr lnrurroci'onr*r-. foms compktd- ffiH 

F 

Unil chtrkcd iEilsL ud.r to vrntv tuffi vlN 

u All duil.d nccrsoil$ rngl{tr.4 

O h-,ntr "gsrsr,"n.,,hPlGGd Innrcdv 

O Dcliv.ry hlcionEint rJ d*uil,EilE nMrd ror tF'P {*rury FH 

dcrv b;n1Dh,ct. e.6ton hrtrhuE, tt* toEhur AP Rd.t lirq 

a:rilifiisr.. d.dcrth'p chilr ofcnnNil, Ail Srf.rv Ald) 

CUSTOMER INFORilIATION CHf,CI{ 

Tk cuflomil hil rccE,vtd (4c Iolloeinr. 

E A.onv dl tk ATv SJcty Alril ad m.rPEdwn ot # toUosq iI4 

rh..uhn.r nst: 

. XEvtR !lo- | rnild rndd 16'cs ob (tor cn8rE th oI 9lE d 

i&-rrc an'. rl,' TRX 

. l1!iy:llB, dlos a child urJti ll vcsr ord ([u trr$oc arrs ol 7k up ro 

,trre4!4i!!!Iq q!r! 

-_gEl 

llE-li\ 

| | ( uilon.r Inilid, fdr irr Eqtrftm.nsl 

-ruvER 

sscmp' "' uilvc r TiX *ilhoil PrFffi. 

T&r 

lIIl4."**. Uginn,"j "d.d ehouB dM Eeniq tFm rddd 

;*r.rior t .'n..t l-8m7i7{tr Lo frnd our sbur tilni4 muE 

349 

SALESPERSON DELIVERYCHECKLIST'TRX 

MODEL 

SALf,SPERSON QI].{I,ITY 

(:(}\1 ROI, CIIECK 

E S+!d And Fr!_tlliErv (hr\:ln{ (utr,Flc{r' di traniluEr rn Pld 

F?rhicir 

'- 

; wilhad lnd elcln 

Jnshc illrs cssrr. illlr n F,oFr RPM 

L! v.hi.l. I lR ol wllcr. luEl Nnd oil t3H 

d rr r"u rtnish b g4nrolt. 

tl tsuEl t!ilr r full snh DroFr lucl or Fr! m'r ill rFFFbEr 

O Co.lrnr trnl ! full {ifrrtl;tnblc) 

.-. r HI}EE ilkhpr $ drivc I rRx uiltil Ih. ownu! ndd u E! Ed 

( 

. i,"#ffllo " t** ro ilvonc *hD hu not td.n s rdruqsum or 

ffi*.n urivhr r rnx lor at h$I n Y.u 

' HEEB NEVER dnvc r TRX rfrd rf,d il,Euilr EoEudd akoho alcohol or dtuF 

. HFVFRcrNrd$slcronI fttv-EE .'ry . p*nr"t on r tx^ t ftx. Lsryn caDht r snF Dt {9H 

iE-Eiir* of rh rRx urd mcv crM i ro lo osr cfcorEd 

. NIivER N[\'LR driw r'tRx r'tRX o' ot pircilcnr' pttcilcnl nc vchitlt vch't.G it ilot rrot dFrF dB[d lo H 

iliim-para cud#s ril tu TRX miv h ddficu[ Io corrol 

. NEVER NEVEB dnw ! IRX on r i Fublic Fubhc rod. clrn c!.n r din drn ur #r4r Fr*r oc. oE. kHr 

-t 

d'.Wr b rltc ro $ il0 colldhs s(h oltor v'h'cE M' dnunr on 

r Fubh rod wuh r I RX tnsy b rsaEt th. lrs 

. NEVER !trc'nnt Io do'vhtrricr,"jsmpr. or orkt r(rrs 

. frflffi l*. ; I Rx s{hdur ! Bod hcrmct rd Fdh I |ld & 

-gtlm'1. 

r:nt.t. a.n'r uov#*. rd ! losld+& 

r HEVER drivc i TRx !t crdrervi 5F.dr 

r iffi-tS *.rrrcm.ty.iElul *ncn dn!'nBr TRX. HFdv *h 

-4pffig 

hru, r".., md ob{nld rd wh'n dnilnB un ud|l& 

cli.'Bn rcidn. rrlnr- h lollD* prlEdur dtrdH in thc ovffil 

tuud Evcr# ilc TRX io roU olcr on tE nd{ 

(USIOMER II"FI)kMATION CH[(:x (conrd) 

E en rxphmron ur rnl rnonrmcndernr rr s r D d I 4pd Mr 

rd qEr d.ry .ppdtl 

o en crotrnrunn ur rm 'nFflrE of FrorEhns rht.nqlonhhr *h.n dtnt 

O an o!F."nry 

d rn "inrr.-,"i 

r" '** rvdhbk td4y viilEot 

o r* ,nffi$c or r!! oFtrtrdo d tk rvil*ry d 

iiR tril^n'r rEk ,rhEb dnly) 

D Coo,s ol il r'$hb,. etcty hMhuE *ih r disw'on ol th. imFdllE 

ol,rdim ril kddhs l;,,ilisr wdh rhc,nford{uon rhv Rntrnn 

E A copv dril .\Fhnrilon or (hc ws,r0nlv policv lrd 'r*o rf "{u)d 

il!nr.n!B! *,dcF 

D A cv'.w or nl *uns,t lshk o' th. wh;t. sd rh.ir imFnm Io tE 

n Xti"''j',lt '" "*"t", i'crudinr r r*w or rvdrbk Fd d 

dEh !EF!r,. .ntrducuon' r' (ht gE .rd ild'E ilsd d'or 

rcror oi rtr ruvner crntr, lnd ffintioo of th. d.d.Rh'p! drF ud 

hou; n uFhuon 

0 an crptre""n or ru **r!chn oroffi 

SALT.SPERSON AND CIJSTOMER VEHICLE 

FAMTLIARIZATION 

lNFcnon !nd 4,6.rtron FrHdutts lhsl rhtilln h F/oilld EfoE'Eb M: 

Conkol fimilrru$on: 

O ftroilk oFr{ion 

D Ffoar rM Et brlrE 

E r-.'"s r,o*. 

3 R*** mr*- 

O lrrht,nE 'riltH 

D vuor+. 

Rrv*- oi Prc-nd. lroEd'on MUH 

O EBm oil {fouF*n'!d 

- cMs lcvcl, ckr for lc* 

E Pn,Fr lwl ud oil dxluc nrBrdutE, tccommtndd ul (rvHrqkr) 

E Trwdsirn oil tpr*r$kc) -chE* l.*l chel for ke 

E twl - thtrr lcvil. chnl ror hs 

O Cmh, {ir rFrlirrblt) - chet kl, 

O Ertd - (h*r orrrtion 

thftk for B 

E T,E -- rht:ondnn'n nd Jr pr#uE 

tr O""..h.. chdk condifin rd djBlml' lubdd! tFq 

E hr{illc - ihE\ ii'r rmdoth oFnin8 rnd clBing i^ dl rrEn': FIFB 

B H.nhEnL t*iiLh rnd h.dliBhL d;ndcr eSlsh - thHk for prdrr 

E tnprerroprurcn chErforproFrfundM 

E stRnilE - rhr rh rh. BhRL Nm ProFdY 

O Nus. bh d tEk*R -{kI lhil il ffi w 

OFdiq 

I have rcvicsd the items chccked abovc wilh the cutomcr listcd bclow' 

Salcspcson Signaturc 

Sa.lesperson Nahc 

Frdufl: 

E srd,nt PrduH - k*A Msud 

U Brcskrn prdG 

Dealcr Name Dca.lcr No. - Phof,c ( 

Purchasc Date - Modcl - VIN 

I rcknowlcd8e that thc itcms chekcd *bow hew b*n wicrtd with mc and apleintd to my Edtfstion' 

.c 

Datc - 

(lf cstomer is udder aBE 18, parcnt or Susdian fiust 5i8n and indicaic Elationshrp) 

Lcto.", Nume (Plcm print) 

28-7 81 

__ Ptsan4l l_- 

Dstc --.........--_..'.'- 

sius Ad PFDcliq ChErlitl Pril 2 

' 

MCR477.6O5 {6$l) 

Prnk o.rl.r Fil.

$H n 4[CO 

EI CALIEH4 ETREET 

qlus. 

Tpxa* TEcol 

4698 &^.AHTHUF COURf 

NEwFotr sucr 

HAFFY W. CLAtrAUHOA 

350 

PETTIT & MARTIN 

AT}QRNEYE AT LAW 

IBOO M455ACHU5ETTE AVENUE. N.W. 

wAsHlNGloN, o, c. Eoa3€ 

(202) 7AA_5153 

March 28, lg90 

Honorable Doug Barnard, Jr. 

Chairman 

Comerce. Consumer, and Monetary 

Aftairs gubcomiltee 

Rayburn House Otfice Builaling 

Roorn B-377 

washington, D.C. 20515 

Re: ATYS 

Dear Congressman Barnard: 

llt w &Hr CLARA er*r$ 

HEOEIVED 

APR 9 te90 

dodMthUL,0(hSuMqH AND 

rtlotlr tlnV AFAHS $UeCOMUtflEE 

_ - 

This l_etter responds td certaln que6tlon$ in your Ietter 

of March 12, 1990 to Howard wiIILns, insofar- as 

questjons 

i;;;; 

per.tain specifically to Anetican Suiufri uotor -oip. 

The information provided below wilt resFond to aII of tire 

substantive Suzuki-sFecific requesls in you-r letrer. 

14iLh respect to the question of how Suzuki obtains 

compliance with the consent decree from Suzuki authorized 

dealcrs, Suzuki pursues a poI-icy of ".iite, instructrdns t_o 

ttre deale{s, coupted with frequerrt vis-itE by Suzuki districL 

sales personneL suzuki also modified its dealer sales and 

service agreement to clarify the dealers, oltiqatrons to sbide 

hy aI1 Suzuki dirEctives re_garding product sifety. i"afuOi"g 

those involving the consent_ decree. 

As to the age_recomendation issue specifically, Suzuki 

dealer5'pertormance in the recent CPSC su#ey wns the be€t in 

the industry. over 7zq of SuEuki_exclusive- clearers provlded 

infotntation conEislient wlEn corlscnt dectee ont iqai, i ons. 

Suzuki credits this dealet performance to its iepeated, strong 

comiln;Cations td the ilealers regarcling tne ,jeCr** (and in 

partrcular the aqe issue), Lo its freq:uent disLrrcL minager

PETTIT A MARTIN 

Honorable Doug Brrnrrd, ilr' 

March 28, I990 

PEge 2 

'checka' 

on the dealers, 

custonef ackrtowledgement 

acknowledgement. Hhich is 

the customer siqns, reads: 

I understand thaC a 

adult-sire(i A?v; l2 

operate this ATv. 

repr€sented to me 

aPPropriate for use 

B5l 

andt to itE strong ag6-verificatlon 

at the Point of sale. The 

in boldface, red capitals and which 

child under I I I16 for 

for youth sizel should not 

The dealer has clearlY 

that this ATV is not 

by a child under [ 1. 

we believe 

lfrportance 

puichaser, 

ialespe."o. 

this acknocledgement not only strEssds the 

of the age recoffiendstions once again to 

!h" 

but also serves to furthet remind the dea ler 

of the impdtt-ance of providinq apProprlate 

ag€-telated inf ornation. 

guzuki also believ€s thrt itB markcting of an 

approprirtely-siz€d (8occ) vouth vehicle for children l2 rnd 

ovir bernits-its dealers to ;ffer a vehicle suitable for youth 

tideri and hElps deter or discourage parents fron purchasing' 

or having theia chilalren opetate, adult-sized ATt/s' Suzuki is 

the only distributor in the market which offers such a 

youth-size vehicle for children I2 and over. 

Suzuki aI60 performs undercover monitoring as it deens 

Eppropriate, For examFle, Suzuki recently cdnducted such 

niiritirinq of the group of dealers Hhich the cPSc, based on 

its survey, alleged were Providing infdrftation incorrsistent 

riift """""""i -decrde minimufr age recdffiendations. rn addiLion' 

suzuki is. to our knowletlge, tne only distributor Hhich' pridr 

to the recent announcemCnt of the cPSc sulvey, initiated 

discipl inary action aqainst dealers who haal not followed 

Suzuki's ditectives regarding consent dectee age 

recomendations. Suzuki noticed termination of one such 

dealer and placed a second dealer on probdtion fot, in 

significant part, an age-related violatron. 

othet thrn these two instancea, Suzuki hrE not 

instituted disciplinary action aqainst anY othet dealers dn 

aqe-tecoffinendation issues. FoIIowing our meetinqs with the 

,lr]stice Department and CPSC, Euzuki performed an independent 

undetcLrver monitorinq of those dealers whom the CPSC believed 

had not provided age-recoffiendation information inconslstent 

\ 

\

PETTIT & MARTIN 

Honorable Doug Barnard, iIr. 

March 28, 1990 

Fage 3 

352 

with the consent dectee, All thirteen of the6e dealers passed 

the undercdver monitorinE. 

We have not yet reached agreeneilt with the Justice 

Departtnent and CFSC on the {Iuestidn of how further to improve 

dealer {lornpliance with the age recoiluilenclations. As you can 

l,tobably appreciate. Suzuki, with iLs tZ\ dealer compl i,rrrce 

rate. rflay weII Itave different views as to llhe effectiveneEs of 

rts Present cfforts than other diStributors have a6 to 

theirs. In any event, Suzuki is ful ly dormitted to the 

objective df inforning prospective purchasers of aIl pertinent 

saf ety inf or:mation, inclrrdi.ng age tecomendations, 

Your letter al6o inquires as Eo dhat action SuEuki would 

tEke in a particular situatibn in which a dealer seIIs a 

vehicle for use by an underdge chilrl, Suzuki exanines and 

acts updn aI1 instanceE of alleged dealer misconduct on a 

case-by-case bESis. Obviously, situaiions in which suzuki's 

investigation revealE that the dealer's conduct is deliberate 

and egreqious would warrant appropriately severe disciplj.rrary 

action. including terfrination. 

I trust the above infornation responds to the questidns 

raised in yout letter. Euzuki .rppreciates the oppo.6gni6y y6, 

provrded for t.he industry and the comp;Jny to testify at your 

recentj llearing and to submit this sutlplem@nqal informalion. 

SlncerBIy

ET EIIID 

LAW 

353 

qFFICEI OF 

Peul,llnsnucs, .fllorsxY e WALKIR 

TWELFTH FLOOR 

IO5O COHHECTICUT AVENqE. N. W' 

wAsHrHGioH, 

rf L{FH0hE 

q. c, looso 

tPoll lat-rooo 

trozr *Er-ar4c 

Aprll 5, I99o 

rfAHroFE, codHtcr'cvr st6' 

RECEIVET} 

APR 5 t990 

(FillrEFCE, COr{slrMEB ttlt 

IST.IETARY AFFAIBS $NCOUTITGE 

Reprrsentatlvs Doug Brffrard, JE., Clrairnan 

Coil."r.", Consumer & Honetary Affalr8 SubcorlftlttB6 of, th6 

connlttee on Governm€nt oPeratlona 

U.s. HouEe of RePregentatlvea 

Rayburn HouBE offlce Bulldlng' Room 8-377 

waahington, Dc 20515 

Dear RepreBentatlve Betrrrtdi 

Kawasaki ttotorB corp., U'8.4. (nxMcn) EltPrgolated 

the opportunlty to appear, through underslgfled counBe]., ln 

the hiiring beiore your subcomittee on FebruarY 28, I99o' 

provided wlth tnie lettor LE Kl{cra lndlvlcluar reEponEo to 

trueEtLonE I, 2. and I Ln your lettEr of Mafch 1?, I99o 

fequestinq certain lnfortatlon from the four ma]or ATv 

ai.='irir"i6rr, A jolnt Eegponee by the four dlEtrlbutorg to 

questione 3 throuqh z In your letter hae been seParately 

e-ubnttted to th€ subcoMltt66. Hd aPpreciate thB 

Subcoffinittee'E lntereBt ln thls matter. 

trulyf 

of PAUL, HASTINGS, JANoFSKY & IVALKER 

Couna6l for Kawa6aki Motors corl)', U'S.A.

Oudition I 

354 

KawdEakl Bhaf6a thE gubconnltte€rB 

cohc€rn that 

ATv d€alerE,properly lnplenent tne aietiilutorsr 

recomendatlona. 

age 

wlth reepect t6 Kavaeaki vehictei 

apaclfically, howevet, I(awisaki nust reapectfutl,y 

wath 

take laEue 

any suggestion thdt stualleE o, *r*'"ye demohatratd 

non-conpltance 

319::tl:ld 

by Kahra,Eaki deardra with, 

nawasaKls age recomendatlone. (AlI Xawaeaki ATVE are 

ont): 

:::9*l""ldeg 

for perFonB rs or otAai,j rne 

recent ,,undercover,r 

cpsc,= 

eurvey ldentltlea onfy approxinatEly 

of the 

Azt 

KBwaBakl dealErE suroeyed ae havini 

provide, 

iaitea to 

_or.ae havlng "discounted,I 

tne afpropriati 

reconnendatlons yith 

aqe 

regard to xai,aeqii tii; i" fiitiJuf".. 

The r€sults 6f othEr auroeys and fof,mal 

effbrts 

nonitorlng 

over the last two yeara_simiiiriv-a" nor 

any 

denonscrate 

widesprrad deat€r non-Eompliance wiii, tt" -i"_ .q* 

recomendationE ln sell_lng Hairasari Ait;; 

exenpl6, e 

:lTv"y 

conduct€d by a.univereity of vtrginta phyeiciin, nto 

apFear€d befor€ the subcordnitteE, indicii"a-tn"t only Eone 

20+ of the dealere (of the naior'ais{riU"tl"*l Burveyed 

recomfrended gI]. brand of fuII:BiEea lrV--wtraiever for a young 

chlld, and tsIC distribut€H onlv fuff_eieea-l,Ws. ltoreovrr, 

a__hdtiontl,Lde tslephone sur.vEy-f aoo xiwisatf arv pu"Jt"=*i" 

one year ego Eho$ed that sone 95+ of actuii consum€rs wert 

ttad€ awar6 of th6 t6-y6ar olal aq" ."co*"ri*tron ht the 

dealerehlp. -ThlB--low 

levrl of non-complianca 

of 

regardlnE 

l(avaaakl 

EaleB 

ATvs auu€are_due, at fei=i-fi-pirt, 

Kawladkt'a t" 

continuiirs erroiii I" "jJl"ti^'aELere 

inplementatlon as of to 

ttri conednt Decree.--rfrlil 

lncruded. efforts 

drveroprns have 

""a p""rial.g-"iit 

a comprehen8lve "AfV ii,iiloxr 

Consent 

dearer wrth 

lleiea O."ier-oper.tionE 

Gulde,".aeerng that Kawa*dki diatrict managers 

Kawasaki dealrrs 

o,eer_ 

to 

*,lth 

felnforce-tn.-c"io";J-f,ioecrtptions 

and 

::":TI:::lfT^ll" r.commendation*' *t.*:131 -"9 !o1,eirii"I ili"n and uE" 

having ttisll: iE 6i"Ki*ir"'rii *Eiti" enphasize the iur. 

i1np6yl6nce oi ttreee ;lfl:::?"^ll:_ilf:*11"" oi tn6Ee-"riis;iililît"i;;;#ii 

otri-*ii^*- vry*rYdLrerrb 

dealEfE' 

aL 

sales 

âwasaKa 

mietings. 

Kawa$aki haB alBo.undertaken a tangB 

dearer 

of eff,ortg to 

l:11!9: 

action,_rn.t. t" 

proFerly 

io"iii:m"tiloi*f;"or"", 

inptenrhtind o". 

tha Kawasaii is*-iJJoil."ncationg. 

specifically, the puichaeer of each n*r-xuir"or.r 

Frrovided with a poitaa 

ATv ls 

i,rtr,-ri. ;;;,;"';;;;Xi. l:::ffl";Til.if, :.;.*T:f; ili;. ;+i:" 

dard reiterates that cnlfqren-ieA="Efrrn=ril=i"ars 

ahould not oDerate th6 

of 

ATv 

age 

iiia-urr.-Iillj iirinu""_ .o

355 

lndicat€ to xawarakl tf br sr Ehc tta' not fiad€ aware of thie 

;;;-;;;;il;"datlon at the dealerehip' AB noted abovt' 

[i;.;;ii- i;;i y"ar alao comLeeloned a profeBsional 

tJi"ptt"ne "t*iy of soue 2oo Kawasaki Alry purchaaere 

naif-ontltae ln eirly 1989 to monitor Hhethdr they u€rE made 

iriii it the ileareiehlP of the age recod[endatl"on6' solte 

95t r6Eponded afflrDatlvely' 

PlnrIIy, Klrta6akl haE conducted, and contLnu€B to 

conrtuet, Ihltetl-iundercovarn ilonltoring of dealers -- l'€'r 

i"- r""*i="ty anct appropriate to corroborate lnfomation froil 

itrt".-"o"."'"e Inai-citinq non-conpllance by a particular 

, 

KawaBakL d€AI6r wlth the ag6 recomriendatlonB' KawasaKr lB 

"frJ ""ttinuing to cliscusa Hith gov€rnnent counsel 

iaaiti"naf ptofoeat= for 6ther f6na of dtarer nonitorlng' 

Lncludlng expanaea dealBr viElte' 

Ouestlon 2 

whlle KMctB dealer ruonltorlng efforta hav€ 

lndlcated a low levt1 of non-compliance wlth RawasaklrE tE 

reJonnenaations Ln sales of Kawaeaki vehlcles, KMc haB 

nonetheless been prePared to take pronpt and effectlve 

actlon against dealera aB speclflc circuilBtanceg uarrant' 

lccordlndry, Kawasaki haa to date inltiated temlnation 

proceedLnqB againEt three ATv dealera baBed upon 

Lorrobotaiea non*conprianco slth the KawaEakl age 

i"""tornenJ"tf""t' loiher aealera have been given clear and 

€xl)Iiclt warnlngs that thetr aal6BPerEons w6re found to have 

neiriv"a tnpropeily durlng an.lnitlal nonltoring.vlelt') rn 

eaitt "t thlEe-thr6e teminatlon cases, I(MC recelved 

infomation that th€ owner or sales manager at the 

clealership had recotnended I full-sized ATV for use by a 

child und-er 16 yearg of ag6' subsequent uronitoring 

lndicated apparent non-conpllance at th€Be clealershipE' KHc 

tras provlcletl toroal notice terminatlng the authorlty of 

theei dealerE to EelI Kauasaki ATv6' absent thelr 

demonstratlon of eonPelling circunstancee' 

ouestlon I 

I(uc hrB not dlBtributrd r xchild-eLzed[ ATv nodel 

(i.e,, Ieee than 90 cc ln engtne size). Accordlngly, it haa 

riEt-Ti".**.ded any of ItB ATv models for use by children 

thr6€ or five years of age. If KI'IC were to learn that a 

KawasakL ATv d;arer wa8 recomending a KawaEakl ATV for use 

by a thfee- or five-year old chlld, the conpany would,.upon 

cirrobotatlon of the dealerrE failura to comPly with hle 

contractual obtigatldns, take actlon against the dealer' In 

aDDroFriate cLrcuugtances, thiE actlon t{ould include 

ctiilnencenent of temlnation o! the deEler'E authorlty to 

B€II HawaEahl ATVB.

Appnunrx iJ.-AnorrroNAL STATEMENTS 

AND Mntnnrar. FoR THE 

Rncono 

EE 

AMERICAN HFFARNI BUREAU FEDERATION 

H5 rcUHY AWME . AFK RIDfrF . ILLIUTIIS . AM1 . dl2| W57DO 

w MAFVM AWW gW, ilEffi , Msd/rc7il/, D.d. M4. M) &-3ffi 

llarch 27. 1990 RECEIVED 

Itlr. Ted Jacobs 

Room I 377 

Rayburn House 0ffice Bujlding 

l{ashlngton, DC 20515 

Dear llr, Jacobs: 

APR | 1990 

co{xrHlcb, o0ltbulr[fi AN' 

mrrrnv rrtrns slEcolsttTTEr 

Thank you.fgl your update.on the recent hearlng concerning ATV 4-wheelers and 

Lne possrDr|lry 0r.T,helr De_]ng outlawed in the united states. I worrld like to 

add to the record if posslble, the thought that many farmers fjnd these 

vehicles to be.extremely useful and economical in their farming and rarchinq 

operations. They are used for a muttitude of activitieson th; faim;iih ifie 

mein.purp'se of economrc transportation for an individuar from on" poini to"another. 

Currehtly, the Fann Bureau does not havi a p0licy 'use Oeaii"S',,rjli i: 

wheel-ATV.vehjctesl but my senii oa agii;"ii;r;i-n"io'ano of tf,ese' 

vehJcles ls that they f,ind them very iseful. 

Iraditionaliy,_pickup trucks, tractors and horses have been used for this type 

of activlty.. All of them t'vith varyjng degrees of adaptabillty, but aiio- -"'presenting 

thei.r own safety concerns. I believe lf the hovenent to 

dlscontinue the availabllity of 4-wheelers in the united sates were pressed, 

farmers and ranchers would have very strong comments in favor oi the'ATV 

vehicles. 

I.understand the hearjng dld not recorflflend or deal b,lth the lssue of 

dlscontlnuing the sa]e of ATVs. ln this country. l,Je would be very interested 

ln hearlng lf thls direction changes due to airy committee actjon. 

Thank you again for your he1p. 

s;ncerely, L 

..: . ,o:o'.', 

\,L.. .., . ,r .r. ^1, 

llark Landmark- 

0lrector of sifety prograrhs 

ilL: tw 

pc: Llbby tlhitely 

(356) \1

February ?I, I990 

The Hoflorable Douq Barnard' Jr' 

tl.s. Hrluse of RePresentatlves 

iashington, D'C' 20515 

857 

nattonal 4-H councll 

tloocotHEcncsr AvruE, CHFW CMiE' MRYUND ZOB|5' (N|) 96t 2&o 

ilECEiVED 

f[8 ? 7 t9t0 

qo|||EFcf. cci{surEF AitD 

Itct'lETAfrv AFFA|BS $l,Sco,tr,ilflEE 

Dear Congress|Ian Barnardi 

rhe t{ational 4-H council supports a nunber of.ll?9|:lt 

l:-:1li:::t'f:l:":t:l: 

the safe operation "t uu'rni!"ivptt "i"iit'''uirtil::l'^l::]l$;tl":t::::l:.:lo 

i.,i"i1-u 

lii-i...ulii-t.r'iit"r- These local' haflds-on trdinjng Droorams are 

FAX l30ll 961 2Eg4 

:li-;ll:"ii"iillll"!l "ii'"#',Ji[jl r'iniri:"' xiigllH"il:rc.nducted 

rhroush the 4-t 

llilifl l,;lE ;-ll le!!h i ffi :s;;;i' f:::'ifn!.lltii;l.ll":l:.::tt-?:n!:fH."l 

i;l rii:l i -:;l"i.i; il: l"l.l:i:r 1:^, :'ll:' [3":n: i::i,": 

l?il::l Arv-ieratfd :i:: il:,1ffi rnrurre5 ."" ,:';+i;;;; i I;i ;;';;";"iril; ;i:rl 

;;;;E iiar: i l:: 3::1."":!::i":: 

'n

Congregsman 

Bafnard 

page Z 

358 

deyelopment of this orooram:_ 

,0y!..goal 1$ to help particlpants develoD 

#'llil5li,l|!;,;lylit:l;:.:* nrv-sareiv ii.ii"[i!.'t,oush the invojvemenr 

f,Iiiff il;"itil, t;r'';.ri. it,sl';il:.;;o,lll:i,lri:.irridiil" 

Ridef training alone is no! thg, solutlon to the ATV safety issue regardlng 

{3lli'o,ftT.";Jl,iJ:|."::;:::-the iisue rrirn""-.i#,nt.v perspective throush 

reens presentins snfety *lllflli: ffi;'ff.;:nt"ttr' "hetiel ""i; -;;;;";;;;;:" 

In. the 4-H tradition we will uontinue to asslst Ameri 

[i5;rgl.l"oil:;:ll,l:J iearn the,ur,. oi'iii"tiil;ffi {1"il9 I;'"1'lrV:':. 

[,le flrmly believe that teaching young people ,,hor{ 

to reduce injuries 

to 

and fatr 

knowredse reads to .-0..,,jfi:i;j;"'X'ffi[J;" 

i;Iol",3'oi|Ii"t]i,lniuf*"ir*" 

Sincerely, 

ruAvL*_ 

Dr, Rlchard Sauer 

Pres ident 

Nationa'l 4-H Council 

RFotilw 

Deputy Administrator 

4-H Youth Develooment 

U,5. Oepartment irf Agrlculture 

cc; Cofherce, Consumer and llonetaFy Affairs Subcomnrlttee

JAMES M SHAHNON 

359 

THE COMMOI\MEALTH OF MASSACHUSETTS 

DEPARTMEN] OF THE ATTORNEY GENEFIAL 

JOHN w McCOFMACK sTATE OFFICE EUILDING 

ONE ASHBUFTON PLACE. BOSTON 02iff-1ffi 

AttEltiffi3 D. Fale Baltard 

SubdmittE ffi Cqffif Conffi 

and tbEtarY Aftairg 

Ildl# Cdltitte m GdEffit +eratidE 

B-37? nagtrn ltrou# Offie Hrildirq 

nastrirgtm' D.c. 20515-6144 

Dear I.lB. Ballaa{k 

legislative/Potlcy lrHlfEt 

16171 727-220i 

EE10#6 

' APriI 11, 1990 

HECEIVED 

APR | 2 t990 

frI|rEFC€, oo|}silE8 AND 

lft rEI AV AFFAFS SLECflilmE 

by FEFIIL EIeaEEB 

PIEE find EEIo€ed Eitta tartlerry by Attomy C+uaf 

Jres t't. slhtrM for tlE tffiJEI lqr Sutffimitte held ffi 

All-Terrain VchicleE on FebnFry Zg, fSgO' Attoruy GelEral 

shaffi is sutrflitlirts tjris statffnt, with trc attactffiB' 

iti-iror"uim in tlE-ffird df tIE FebnHrY 28 twirs' 

I{e aErElate tat agietarc ir t}ris mtter, ud re 

@EiatJ the hteiest of tJE sutffimdtts in tJti6 jnFdrtst 

is#. If lm haw sr\t qwstiffi r€gardirlg tlE 

mloeed, pts# dsr't hesitate to dll re'

. . lta$sachus€tts 

Att"Tffu 

360 

National A 

Task Force on af f _ferrain vefriCGs 

fldr!0ilteit to--the 

icns. 

Subcommittge on Commerce, ConsumEi-e-iE MonetaFAf f airs 

February 28, 1990 

Mr. Cheifman and members of the Subcommittec, I am the 

Attorney General of the Coitmonwealth of MassachuEetts. I also 

serve as chair of the National essoeiation of Attorneys 

General's twelve state Task Foree on AII Terrain Vehicles. 

I commend you for ealling this hearing, and I appreciate this 

opportunity to submit a statement on beharf of our ATv rask 

Force, 

My statement discusses the need for further action to 

ensure furl compriance with the lggg con$ent decree entered 

into by the federal government and the distributors Of ATVg, 

fn addition. it contains a bEief report on other efforts that 

our Task Force is taking to protect ATV consumers.

361 

As this Subcommittee hnowa, the consent decree was entered 

on April 28, 1988. At that time, Massachusetts and twenty-nine 

other states were on record as objecting to the decree. l{e 

objected because ie believed that the Protections afforded by 

the decree's provisiona ltould no! achleve I Elgnificant 

reduction in ATv-related deaths and injuries. we believed, for 

example, that under the decree there was no obliqation for ATV 

tlistributors to monitor ATv dealerB closely enough to ensure 

full compliance with the decree. without Euch an obllgatlon' 

it was highly unlikely that the safety benefite provided for in 

the decree would be achieved. 

Unfortunately, the $el€s practic€s of many ATV dealers who 

have flouted the requirements of the decree underscore the need 

for lmposlng greater monitoring responsibilities on the ATII 

dlstributorE If we hope to obtain the safoty benefits provlded 

for in the decree. Ae this Subcorunittee is aware, recent 

aurveya conducted by the Consumer P_rotect Safety ConunisBion and 

the United States PubIic Interest Research Group (U.8. 

P.LR.G,) lndicate that there is widespreatl noncompliance by 

ATV deElers $rith the decree'3 sect ion. 

(Decree, tlc, p,6) The surveys reveal, for example, that, at 

most dealerships, ATV dealers still seII adult-sized ATVs for 

use by children,

362 

Such sales are il.Iegal and dangerous, and they must be 

stopped, Havlng entered into this decree with the 

distributors, the Consumer Froduct Safety Condrlsston now must 

act to ensure that the deeree is adhered to. under the crecree, 

the Commission has the authority to apply to the Court for 

adclitional Orders which are necessary or appropriate to carry 

out the decree. (Decree, lts, p. EZ) The Commission should use 

this 6ul1161ity to insist that ATV distributors monltor their 

dealerships closely for violations of the decree, It should 

insist that, if such violations occur, the distributor 

terminate the ttealer's Iicense to seII ATVS. Such steps are 

essential if we hope to see the decree's safety goals realized, 

Hnd I urge this Subconunittee to take a Etrong stand in support 

of 6uch action. 

' 

Turning now'to our hfv Task Force, we have been working on 

aeveral fronts since the decree was entered to secure 

additional proteetions for ATV consumerE. I will discuss 

briefly three of our efforts. 

First, the Task Force drafted moder state legisration which 

offers a comprehensive way to address the safety risks caused 

by ATvs' This proposar provides for the registr6tion of ATVS; 

prohibits children under age 16 from using ATvs; requires 

operators to be certified in safe ATV operation in order to use 

ATV$; prohibitE the sale of new or used three*wheeled ATvsi 

--3-* 

.

36il 

and prohlbits the Eale of child-sized Aws. we have Eent thIE 

model bilt to the Attorneys General of all states and 

territories, for submission to their respective Leqislature8 

as is appropriate. 

I have attached a copy of the draft 

tegislation, and I ask that it be includecl in the record along 

with my statement 

Our second actiorr concerns the draft voluntary standard on 

ATvs that was aPProved by the CPSC, the American tqational 

Standards Institute (ANSI), and th6 speciel vehicle Institut6 

of America (SVIA). On March 27t L98a, on beh8lf of our ATV 

Task Force, I wrote a letter to AHSL/SVIA in opposition to thls 

stanilard, principalty because it contained specifications for 

the manufacture of chilal-sized ATVg- The smalI size of such 

ATVs invites use by children as young as five or six years 

olcl, As indicatecl in our model legislation, we believe th8t 

child-sized ATvs should be banned in the United States' Thi$ 

Ietter is attached to mv statement, and I ask that it also be 

incluclecl in the record' 

Finally, a number of the stateg bthich Participete in the 

AfV Task Force presently are conducting their own dealer 

somplianee surveys' A failure of dealers to comply with the 

consent decree may constitute violations of the consumer 

protection statutes of indivitlual states- eccordlingly,

indivicluat states goon nlay be tahing their 

actions to ensure that 

inappropriate size for 

364 

dealers do not sell 

use by children. 

own enforcGment 

ATVs of an 

In summary, nearly two years after the consent decree was 

entered, there is evidence of wide noncoftpliance of one of its 

most important provisions. Consuners, especialty children, 

remain at risk, Our Task Force wiII continue to press for 

additional protection for ATV consumers, Meanwhile, it is 

essential that the CPSC remBin vlgilant and take adclitional 

enforcement meaEures in order to ensure compliance $rith the 

consent decree.

365 

MODEL EIME 4T\I IEGIELAIION 

SECTION 1, Eltle. thle act mry be cited as the 

All-Terrain vehicle Safetv Act 

SEC3IOU ?* LaqiElaqlys ltrE€n'E "sn4 FindingE. .Tha 

IeEiEl8ture declares that the purpose of this act iE to 

safeguard the public from the unreasonable rislr of death and 

Injury associated trith th€ use of aff-lerraln vehicles (ATVs), 

and !o create a uniform method of identifying and registeEing 

ATVs and provide for their safe operation. 

The legislature finds that there exiEtE en 

unreasonable rislr of injury and death associated with the usg 

of ATvs. Since 1982, oveE ATv-related injuries 

have been treat6d in hospital emergency roofils nationwide; more 

than half the ATv-related injury victim6 were children under I6 

years old. During the same period, _ dedths were reported 

nation\.ride as a result of A1v-related accidents; 

approximately _ of those deaths tr6Ee children under I6 years 

old, Injuries tend to be seriouE, r,'/ith head injuries the ftrajor 

cause of death and non-fatal injury. 

SECTION 3. Definitions, As used in this 

(I) 'AI1 

terrain vehicles or AfV" means a motorized 

vehicle, not Fuitable for operation 

that: 

en a highway

(2) 

(3) 

366 

(a) is not more than flfty 

(b) has a drY ueight of not 

hundred (600) pounds; 

(q) travels on three (3) or 

tires; 

(50) inches in tridth; 

moEe than six 

more lo|rt preBEure 

(d) has a seat or saddle designed to be 

. straddled by the opQrator; 

(e) is equipped with handlebars for steertng 

controJ; and 

(f) is not eliglble for registration under the 

motor vehicle laws except as required under 

thiE act, 

Such vehicles do not lnclude trait bikes, golf 

carts and construction machines. 

"Commissioner" means the commissioner of 

"Dealet" means any person engaged in the business 

of selling, leasing, dr Eenting all-terrain 

uehicles at retail, at a regular place of 

bus iness . 

(+) "Decal'' means a pressure sensitive, 

adhesive-backed label, no smaller than three 

inches (3") by five inches (5"), to indicate the 

registration nuFber and expiration date assigned 

to the aI]-terrain vehicle as prescribed by the 

coll|tniss ioneE . 

- 2 -

' 

367 

(5) "Departfient" means the delriEtm6nt of 

(5) "Head lamp" means a major lighting device used to 

t7) 

provide general illumination ahead of a vehicle. 

"lrlanufacturer'' means any person engaged in the 

business of manufacturing aII-ter:.-ain vehicles or 

factory representative of the manufactuEeE. 

(E) "OuneE" means any FeEson other than a person vith 

(9) 

a security intere8t, hav,irg a property interest 

oE title to an aIl-terrain vehicte and entitled 

to the use and possession of the vehicle, 

'Person means every natural person, firm, 

co-partnership, association, corporation, or 

agent oF employee thereof. 

(10) Register' neans the acr of assigning and 

recording a registratior, number for an 

all-terrain vehicle. 

(11) "T,:i1 lamp" means a device to designate the rear 

' 

of a vehicle by a warninq light. 

SECTION 4. proiribitions on Distribution 

(a) No person shaIl import, manufacture, seII. hold 

for sale. disrribute, renr or purchase in this state any 

three-!^rheeled ATv. 

(b) No person shall import. manufacture. EelI, hold 

foE Eale, distribute, rent or purchase in this state any ATv 

- 3 - 

i;il 

-ll

868 

which hae a displacement of less than nlnety.(90) cublc 

centimetsr!. 

SECTIOII 5. EeqistEsrier Eequlred. 

(a) Except as provided in Section 6. no perEon, who is 

not I dealer or rnanufacturer; may operate an all-terrairr 

vehlcle ulthln the state unless the atI-terEaln vehicle has 

been reglBteEed with the department of 

(b) Each ATV dealer muEt register each aIl-reErai[ 

vehicle o$ned by it which is used for demonstratlon or teEting 

PurpoEeE r 

(c) Each ATV manufactuEer must register each 

all-terraln vehicle or.'rled by it which is operated foE reseeEeh, 

testing, experimentation or demonstration purposeE. 

for the following: 

SECTION 6. Exemptions. A registration is not requlred 

(a) AI]-terrain vehicles owtled and olreEated by the 

United States, another state, or a political subdivision 

thereof; 

(b) AII*terrain vehicles o!.fled and operated by this 

state or by any rnunicipality or political subdivision thereof; 

(c) AIl-terrain vehicles that have nor been within 

this Etate for more than thirty (30) days 

. SECTION 7. RegistratieJr Procedure 

(a) AIl-terrain vehicles Inust be registered by an 

lndlvidual who is eighteen (lE) yeaEs of age or older. 

- 4 - 

l

369 

(b) Frery psrgon subJect to EogigtErtlorr und€r thll 

ect thfll make application to the dePartment of 

for regietration of an all-teEEain vehicle. 

(c) the application shall include the name and address 

of th€ oHrer(s) of the atl-terrain vehicle. and such other 

1nformationaEdeteEmihedbythecofiltttis5Ionerof-. 

The application must be signed by at least one (1) owner, and 

fiust be accompanied by the registration fee as provided in thls 

act and proof of insurance as require#'uDder section 20, 

(d) Upon receipt of the application and the 

appropriate fee. the deFartment of _ shall provide to 

the registrant a certif.icate of title, trhich shall contain the 

following information: The date issued, the name and addrEss 

of the owner. the registration number assigned co the vehicle 

and such other inforftation as determined by the commissioner 

of 

of 

(e) with every 

- L - l I 

nunber and expiration date and owner's name and address. The 

decal must be disFlayed at all times and be affixed to the lefi 

rear fender of the aIl-terrain vehicle, 

cBrtificate of tltle, the depeEtment 

provide a decal shor"ing the registration 

(f) The certificate of title issued to the 

of an all-terrain vehicle shall expire and the decal 

invalid when ownership of the all-terrain vehicle is 

transfeEred. Upon any transfer, the tranEferor shaIl 

- 5 - 

owngr 

become 

uithin

370 

fiftaen (15) days from the date of sa1e, return to the 

depertFent of the ceEtificate of tltle previously 

issued to .hlm, after writing the date of sal€ a$d the name and 

Eddress of the neu olrner on the bsci(. 

(g) Information concerning each registratlon shall be 

Eetained by the department of _, 

Upon a Eatisfactory 

Ehol.,ing thst the certificate of title, decal or card ha6 been 

lost or deEtroyed. the departnent of sball isEue a 

replecement c6rtificate of title, deca], or card, upon palzment 

of the fee provided in t58l 

SECTION 8. Registration FeeE. 

(a) ttre fee for registration of each ell-terrain 

vehicle under this acr is elghteen dollars ($I8,00) foE thEe€ 

yesra. 

(b) No registration 1s transferable 

(c) fhe department of _ 

shall issue an 

identifying registration card in 1leu of I registration decal 

wlth each dealer or manufacturer certificate. The registratiorr 

card must be affixed to the all-terrain vehicle in a 

conspicuous location at all times that the vehicle is in use by 

the manufacturer oE dealer for purposes reguiring registration. 

Any one 

foE only 

collected 

act. 

(I) card issued puEsuant to this section must be ussd 

ons (r) vehicle at any given time. 

(d) ?he departft€nt of ----..---.--.-.-..-..- shell u8e all fees 

under this act to cover the qost of adfilniBtering the 

- 6 -

37r 

SECTION 9, @_i. Everi ouncr of En sIl-tarrrln 

vehicle ehtll rencv Eegistration in a manner prescribed by the 

confiisEioneE upon payment of the EegistEation fee in Section 

8(a). 

SECTIOII I0. Distrtbution of $a:EeqLln:Eqrmation, 

DeeleEs shall distribute to purchasers of aIl-teErain vehicles 

such EafeEy information, as may be made available by the 

commissioner or the vehicle manufacturers, 

sEcTIoN I1, Safery CerrificilLiq4, 

(a) Except aE otherwise provided in Section 15, no 

person sha11 operate an all-terrain vehicls uithout having been 

issued an aIl-terrain vehicle safety certificate. 

(b) The ccrnmissioner shalI establish a ltnowledge and 

riding skills test fcE use in examining personE who desiEe a 

safety certificate. such a test shall be available to all 

applicants at times and et locations prescribed by the 

comrnissioner 

(c) AII persons seeking a saf€ty certificate shall 

successfully pass a knowledge and riding skiIIs test 

administered by the corl{nissioner oF other party authorized by 

the comnissioner pursuant to Section lI(d), 

(d) No person shall opertrte an aIl-terrain vehicle 

uithout carrying his or her all-terrrin vehicle safety 

ceEt i f icate 

- 7 -

872 

SECTION 12. Traininq ireqrams 

(a) The coffunission€r shall' establl8h Etandard8 for a 

compr€hensive aIl-terEain vehicle safety education, hands-on 

training, and rlding skills training Program' The Program 

shaII provide for the hands-on training of all-terrain vehicle 

op€rators, and for the issuance of all-terrain vehicle safety 

certificateE to operators who successfully comPlete the 

training and paEs the knordledge and riding skllIs test 

eEtablished under the program. 

(b) The training program shall be offerBd to anyone 

urho may laufully operate an A{V under Section l5' 

(c) ThiE Program shalt rncorporate methods ancl 

procedures necessary to develop and instill 

the knovfledge' 

attitudeE, habits, and actual riding skills necessary for the 

safe operation of an all*terEain vehicle' lt a minimum' the 

trainrng course cuEriculum shall include a complete exPlanation 

of the ,potential hazards and rislcs associated "tith aIl-teErain 

vehicle operation and the latest all-terraiil vehicle-related 

death and injury statistics as maintained by the United gtates 

Consumer PEoduct Safety Commission. 

(d) The commissioner may authorlae persons' clubs' 

associations, municipalities. or other political subdivisionE 

of the state to conduct classes. examinations and issue 

all-terrain vehicle safety certificates in hiB name' Any 

peEson, club, aEsociation, munlcipality, or political 

- 8 -

fl3 

Eubdlvlslon may charge a Eeasoneble fee for the pEovision of, 

such serviqg, Eubject to appEoval by the conunissioner, for the 

training courEE oE knowledge and riding sl(ilIE test. 

Instructors. 

SECTION I3. Certification of Training Courses and 

(a) The commissioner shall establish a pEogEam to 

certify al]-terEain vehicle safety instEuctors. clubs. 

associations. nunicipalities or political subdivisions theEeof 

to conduct the training programs, admioister the knotiledge and 

riding sltills tests and issue safety certificates in his name. 

(b) No person. cIub, association, municipality or 

political subdivision shall conduct r training program. 

administer a knouledge and riding skills teEt, or issue a 

safety certificate !,rithout receiving certification by the 

corunissioner under this section. 

(c) AII-terrain safety instructors at a minimurrr shall 

meet the following reguirements to become certified: 

(I) possess a current all.-terrain vehicle 

safety lnstEuctoE certification issued by a 

Eecognized all-terrain vehicle organization; 

(2) be at least eighteen (I8) years of age; 

(3) hold a valid motor vehicle operator's 

licen5e that hea not been suspended or 

revolced any tine during the immediately 

preceding tr.ro (2) years; and 

- 9 -

374 

(4) have no convictionE for drlving und€r the 

influenco of alcohol or drugs during the 

immediately pEeceding five (5) years. 

SECTION I4, ification Fees. The conuirissioner 

Ehall collect a fee of ten dollars ($r0,00) from each aBplicant 

for an ATV safety certificate or ATV safety instructor 

certificate. 

SECT IoN r 5 , Equ ipmen! leqli rement s- . 

(a) Liqhlq. 

(r) Every all-terraln vehicle oPerated durinE 

hours of darkness shall display a lighted head lamp and tail 

lamp, The Iights shal] be in operation during the period of 

fEom One-hatf (Il2) hour after sunset to sunrise, and at any 

time. there is insufficient liqht or unfavorable atmospheric 

conditions caused by fog or otherrtise, such that other F)ersons. 

vehicles, and other objects are not clearly di$cernible for a 

distance of five hundred (500) feet ahead 

sufficient 

substantial 

ahead, 

(2) The head lamp shall display white liqrht of 

illuminating power to reveaL any person, vehicle or 

object at a distance of, one hundred (100) feet 

(A) If the all-terrain vehicle is equipped with 

a multipte bean head tamp. the uFper bean sha1l 

fteet the minimum requirehents set foEth in this 

section and the louermost beam shall be so aimed

' 

3?5 

and of sufflclent lntenslty to revsrl peEEona end 

v€hicles at a distsnce of at l€ast fifty (50) 

feet ahead, 

(E) If the all-terrain vehlcle is equipped with 

a single beam head lamp, the la$p shall be so 

sifted that when tha vehicle is loaded none of th€ 

high intensity portion of the light, at a 

distance of seventy-five (75) feet ahead, 

pEojects higher than thB-level of the center of 

the lamp from which it comea. 

(3) the tail lamp shall display a red liEht 

plainly visible during darkness from a diEtance of five hundred 

(5oo) feet, 

(b) 

equipped with 

condit ion. 

Brakes. Everi all-terrain vehicle must be 

a brake system maintained in good operating 

(c) Muffler. 

(1) It shall be unlawful to operate an 

all-terrain vehicle 'rhich is not equipped at a]] times with a 

muffler in good vrorking order which blends the exhaust noise 

into che overall all-teErain vehicle noise and is in constant 

operation to prevent excessive or unusual noise, The exhaust 

system shatl not emit or produce a sharp Fopping or crackling 

sound. The departrirent shall by regulation adopt noise 

- l t - 

.+

376 

requlrgr0snts for ln-uss oF€ratlon of sII*teEEain vehiclee. fhg 

sound l€v€l int€nBity Froduc€d 

by an all-terrBin vehicle ahall 

not exceed 99bdA, or decibels. shen measuEed {It twenty (2) 

inches ' 

(2) It is unlawful to nEdify a muffler or to 

opeEete an all*terEein vehicle wlth a modified muffler EQ aE to 

increase th€ Eound ]evel of the all-tBrrain vehicle above the 

level allowed by thiE Eection, 

(3) Every aIl-terrain rrehicle must be equipped 

with a United states Eorest Service qualified spark aErester, 

(4) All-terrain vehicles PerticiPating ifl 

certein competitive events may be exempted from subtections (b) 

and (c) of this section at the discretion of the cornmissioner. 

SECTION 16. AqE LiMitE. 

(a) No person under the a9e of slxteen 

(16) shall 

operate an all-terrain vehicle, ISome states ftay want to 

include an exemption for agrlcultural use. l 

(b) No person who Is sixteen (tg) years of age and 

older shall opeEate an all-terEain vehicle, unlese the person 

eatisfies one (1) of the follouing conditions: 

(I) is taking a prescribed safety tralning 

courEe undeE the direct suPervislon of a certified aIl-terrain 

vehicle safety instructor; or 

(x) holde an approPriate safety certlficate 

iEsued by this stete, another Etate, or I proviflce of canada. 

-12-

gl7 

SECTION f7. ODeration on streqt. road or higr-,,ray, 

(a) Exc€pt as provid€d in this Bection, an 

all-terEain vehlcle may not be driven oE olt€rated on any p':blic 

6treet, Eoad, or highway of this state. 

peEmitted only 1f; 

(b) Ehe crossing of a street, Eoad, or highway is 

(I) th6 cEoesing iE tnade at an angle of 

approximately ninety (90) degrees to the 

direction of the highvry-and at a place where no 

ob8truction prevents a guick and safe crossing; 

. (2) the vehicle is bEought to a complete stop 

before crossing the shoulder or main traveled way 

of the highway; 

(3) the operator yields the Eight of way to all 

oncoming traffic that constitutes arr immediate 

potential hazard; 

(4) in crossing a divided highway, the crossing 

is maile only at an intersection of the highsay 

hrith another public street, road, or highway; 

(5) both the headllght and tailllght are on when 

the crossing is rnade; and 

(6) the oFerator holds a velld motot vehicle 

dilver's Iicense. 

(c) The crossing of any lnterstate or llmlted access 

hlghway i,6 not permitted. 

* 1 3 _ 

.!q 

I 

I

ODeEator ' 

878 

8ECTION rg. OtheE prohibirsd ASIE 

t-t') tilo Person Eh8tl 'oPerate en ell-terrain vehicle in 

rny of the follotring 

waYE: 

(r) At a r'{te of speed that is uFreasonable or 

improper ulder existing conditione: 

(2) In any caE9l€EE way 8o aE to endanger the 

perEon or property of another; 

(3) while undeE the inflqence of alcohol or any 

contEolled 

Bubstance; 

(4) Without a securely fastened helmet meeting 

u.8. Department of TransPortation standards and 

.providing eye pEotection, dn the head of an 

'individual t/tho operates an alt-terrain vehicl€, 

(5) While carrYing a PaE6enger; 

(6) Wlrile pulling, towing or drawing any P€rson 

or object; 

(7) Except aa ltrovided in flection 17' on public 

roads, highttays or any other publlc land; 

(8) On PEivBte 

proPeEty t'eithout the PermiEslon 

8nd the o!',neE of the or'/neE or legBor thereof ; oE 

(9) Under the influence of PrescriPtlon oE 

non-PrescElption drugE thst inPalE vision or 

motoE coordination' 

(b) No oeller or other BeEson 

- 1 4 - 

havlng chaEgs oE control

3?e 

of an alI-terrfiin vehicle EhaIl Lnouingly authoElEE oE p€rmlt 

an all-terrain vehicle to be op€rsted contrary to this act. 

(e) No operatoE shaII operate an all-terrsin vehicle 

contrary to this act. 

sEctIoN re, Ag.cl4entC__end_lCpSllg. 

(a) The operator of any aIl-terrain vehicle lnvolved 

in any accident resulting in injuries ro or ileath of any peEEon 

oE in uhich property damage in the eEtiftf,ted amount of six 

hundred dollars (S800) or more is susueined, shalt inmecllately 

notify the nearest lar,r enforcement agency and shall, lrithin ten 

(10) days after such accident, repoEt the matter in uriting to 

the departrnent, uirh a copy thereof to the sheriff or police 

comissioner of the county in which said accident occurred. If 

such operator is physically incapable of making such report and 

there iE anotheE participant in the accidenc nor so 

incapacitated such partieipant shall make the report rrrithin the 

allotted time afteE such accident. If there is no otheE 

participaht and the operatoE is other than the oh,ner, then the 

owner shall ririthin the prescribed peEiod of time, after 

).earning of the facts of such accident, report the matteE to 

Che department. togetheE rrrith such information aE may have come 

to hi8 knowledge relating to Euch accident. Every such 

operator of any ATV, or participant of any such accident, or 

the owneE, of the ATV involved in any such accident, shall lhal(e 

such other and additional repoEta aa the conElissioner shall 

reqrrire. 

- 1 5 - 

ih 

i. 

,ht

380 

(b) tr|hen€vgE any Atlt te involved irr an accident : 

rs8ultlng 1n a loss of life, I)srsonsl injury or danage to 

property 8nd the operator thereof has knowledge of 6uch 

accident. he shall stop and give his name and address, the ngfte 

Bnd addresE of the owner thereof and the registration number 

assigned to said AfV to the injuEed person ot the peEson 

sustaining the damage, or to a peace or pollce officer. In 

addition, the operator of en ATV shall exhibit his safety 

certificate and, pursuant to section 10, insurance 

identifieation dard for tuch vehicle. and give the insuEance 

carrier and insurance ldentification information, including but 

not ]imited to the numbpr and effective dates of the insurance 

policy, to the injured p€rson or the person EuEtaining the 

damage. or to a peace or police officer. In the event the 

person sustaining the daftage is not preEent at the place where 

the damage occurr€d, the operator shall, as soon 8s physicalLy 

able, report the same to the nearest law enforcement ageflcy. 

(c) A peace, police, or judicial officer who 

investigates or receives lnformation of an accident involving 

an ATV shall malce a v/ritten rePorc of the investigation or 

information Eeceived, and such additional facte relating to the 

accident is may cofie to his knowledge, and mail the garne within 

forty-eight (48) hours to the department and keep a record 

thereof in his office 

$EctION 20, Iilabllrly for llegligence, 

(a) Negllgence in the use or operatlol: of an Afv 

- 1 5 -

381 

ghalI be attEibutable to th€ ottner' 

(b) EveEy oirner of 8n ATv uged or operated in thig 

6tat€EhBllbellableandre8FonEiblefordeathorinjuryto 

person or damage to property resulting from negligence in the 

use ar oPeration of Euch ATV by any Person 

using or oPeEating 

the Eame ltith tne permission. express or imPlied' of such 

ouner, provided, houever. that such oEsratoE's negligence shell 

not be attribut€d to the oHneE as to any claitn or cause of 

action accruing to the cPerator or hisJJegaI reltt6sentative for 

such injuries or deeth. 

(c) This sectioh in no nay limits the operatoE's 

liabiltty for negligent uss and oPeration of 8n a1l-teEraln 

vehicle without trle PertnisEion, 

O\rner , 

'': 

sEerIoN 2L L:-Eu-!Lt!f Inqg44q€ 

express or imPlied' of such 

(a) An ATV which is oPerated anl'vhere in thls state 

shall be covered by a policy of insurance, in sueh Language and 

form as shaIl be determined and established by the 

Isuperintendent of iflsurance,] issued by an insuEanee caEEier 

authoEiz€d to do business in this state' Such policy shall 

provide for coverages required of an "owneE's policy of 

liability lnsurance" as set forth in Eubsection b of this 

section. In Iieu of such insurance coverage as hereinabovg 

provided, the Icoftmissioner,] in his discretion and upon 

application of a qoverrunental agency having registered ln ite 

name one or more ATVS, may waive the requilement of, insurance 

28-781o-90-13 

- 1 7 -

382 

by a priv*te insurance carrier and lsEue a certificat6 of 

self-insuranc€, vhen he iB satisfied that such governmental 

agency ie poesessed of flnanciat ability to Eespond to 

judgments obtained against it, arising out of the o$nership. 

uEe ot operation of such ATV, 

(b) The terrn ',owner,B policy of liablllty insurance,, 

Ehall hean I policy affording coverage as defined in the 

minimrxr provisions prescribed in a regulation uhich shalI be 

pronulgated by the Isuperintendenr of d.osurance]. Every such 

owaer's policy of liability insurance Ehall provide insurance 

subject to said rogularion against 1oss from the liability 

imposed by law for damages. includlng damages for care and loes 

of services, because of bodily injury to oR death of any persoh 

and injury to or destEuction of property to or death of any 

person and injury to or destruction of proFerty ari8ing out of 

the ownership. maintenance, u$e, or operation of a specific ATV 

or ATVS r"rithin this state oE elsewheEe in rhe United StateE, rn 

North funerica, or Canada, subject to a Iimit, exclusive of 

interest and coEtE. tith respect to each such ATV, of ten 

thousand dollars (S10,000) because of bodlly injuries to and 

fifty thouBand dollars ($S0,000) because of death of one (l) 

person in any (t) one accident and, subject to said 1imlt foE 

one (r) person, to a limit of tuenty thousand dollars ($?0,000) 

because of bodily injury to and one hundred thousand dollars 

(SI00,000) because of death of tuo (l) or rnoEe persons in sny 

* 1 8 -

388 

on€ Eccident, and to s llmit of five thousand dollars (f5.000) 

becBuEe of injury to or destruction of property of other8 in 

any one aecident provided. houeveE, thet such policy need not 

be for a p€riod coterminoua sith the regiEtration period of the 

vehicle lnsured. 

(c) Proof of insurance 8s required by this sectlon 

Ehsll be produced and displayed by the olrner ot oPeEator of 

such ATV upon the requeEt of any magistrate or any persolr 

having authority to enforce the provieinlrs of thlE chapteE. 

The failure to produce such proof upon the request of any such 

person shall be presumptive evidence that the ATV is being 

operated without having euch insurance in force and effect' 

(d) Proof of insurance aE required by this s€ction 

shall b6 produced and displayed by the oh,neE oE operator of 

such ATv to 8ny person who has suffered or claims to have 

suffered either personal injury or propeEty damage as a reEult 

of the opeEation of such ATV by the owner or oPeratoE. if such 

insurance coverage was required under the circturlstances of such 

operation, It shall be an affirftative defense to any 

prosecution for a violation of this subdivision that such proof 

uaE Eo produced or display€d uithir twenty-four (24) hours of 

receiving notice of such injury or damag€, or the claim of such 

injury oE damage, 

(e) No oti,TreE of the ATv shall oE€rate or Permit th€ 

Earne to be opeEat€d anlwhere in this state trrithout hlving in 

- 1 9 -

384 

full force and effect the Iiability insurance coveEage required 

by this section, and no person shall operate an AfV rrith the 

knouledge that Buch insurance iB not tn full foree and €ffect, 

SECTIoN 22. Enf orc€rnq4E, 

(a) The conurnissioner may prescribe the form of 

surunonB or cornplalnt, or both, in all cases lnvolving a 

violation of any provision of this act or of any ordinance, 

rule or regulation relating to aI1-terrain vehicles or of any 

class or category of such cas6s, and rtrby establish procedures 

for proper adrninistEation controlE over the disposition thereof. 

tb) the chief executive officer of each local police 

force, sheriffg, and the commissioner EhaII prepare or cauae to 

be prepared such records and reports aE may be prescribed under 

this act, 

(c) The commissioner nay promulgate such rules end 

regulations in accordance with the pEovisions of IUniform 

AdIflinistrarive Frocedures Actl. aE may be deemed necessary to 

accoftplish the purposes and enforce the pEovisions of this act, 

EECTION 23. Penalties. 

(a) If a person who is reguired to hold an 

apDtoErEiate 

safety certificate faits to exhibit the safety 

certificdt6 upon derfland to a 1alr enforcement officer having 

authoEity to enforce the provisions of this section, t,he 

officer shall ccnsider this failure to be a rebuttable 

presurflption that the perEon is not the holder of a safety 

rqrl- i Fi Frra

s85 

(b) Except rs pEovlded ln subrectlone (c) and (d), 

rlry ErOr8on vlolating any of the provisiona of this act Bhsll 

uPon Convistlon: 

(f) For e flrgt offense, be gentenced to pay a 

flne of not IeEE thsn tventy-five doltaE8 (lAS,00) nor 

more than one hundred doltars (t100,00), or gugperrsion 

th€ olreEator'g safety cErtiflcete for six (E) 

month8, oE both, 8nd pay the co8ts of proEecutioni 

(2) For I gecond off€{Be. be ssntenced to pay 

a flnB of nor less rhan ftfty doltaEs (ts0.00) uor 

ooEe tha[ tno hundrEd dollars (fA00.00), or BuEpen6ion 

of the opeEaror's safety cErtiflcate for one (1) year, 

or both, and pay the costs of ptosecution. 

(c) It shdll be a misdemeanor punishable by e flne of 

up to flve hundred dollars (fSOO,O0) or by a sentence of up to 

eleven (11) months and tHenty-nine (29) days, and suspension of 

the oEeretoE's sefety csrtificate for tuo (2) year;r, for a 

vio.Lation of Sectione 1g(a)(3), tB(a)(9), 19, or A1 of thig 

act, or allowing operation by an individual who iB not 

qualified to operate the vehicle under Section 16. 

(al) It shall be a misdemeanor punishable by a fine of 

up to t\Jo thousend dollars ($2,000) or by a sentencE of up to 

elev€n (lI) months and tvrenty-nine (29) dayE to violate Section 

a of this rct. 

-21 -

A- 

W 

387 

JAMES M SHANNON 

ATOFtsEY G€HEFAL ',T.DI 

i.,J: 

THE COMMOT.'II'EALTH OF MASSACHUSETTS 

OEPAFTMENT OF THE ATTOHNEY GENERAL 

JOHN W. McCORMACK STATE OFFICE BUILDING 

ONE ASHBUBTON PLACE. BOSTON 02IO8-I698 

II':AR 

2 r: pgg 

1 -::- 

r:il, t 

llr. J.C, Delaney. Manager 

Technical Programs 

SVIA 

? Jenner Street, Suite I50 

Irvine, CA 9?718-38U0 

r.tE rch z7 , 19I9 

Re: Drsft AmeEicnn NationElStendlrfd Af,EI/BVIA 

Dea r lilr . Delaney : 

I 

As chairman of the National Assoclrtlon of Attorneys 

General Task Force on all-terrain vehicles, I writc on behalf 

of the other Task Force member states, California, Connecticutr 

Illinois, lilinnesoLa, Missouri, New York, North lJakota. 

Tennessee, Texas. and wisconsin, to subttit comrnents on the 

ANSI/SVIA draft voluntery stantlerd for aIl-terrain vehicles. 

This stdndnrd was presented to and aPproved by the Consu[0Br 

Product Saf el:y Comission on October 28, 1988. and is now being 

consideretl by the American National Standards Institute 

( "ANsr' 

) . 

The stlttB are gravely coneerned thet the voluntary 

standard to be considered recognizes the continued manufacture 

of youth model ATVs for children under the 6,ge of L2, including 

a model deeigned for ^hildren as younq as six years of age. 

The seriousness of this issue cannot he more emphatically 

underscored. Thousands of )roung chitdren heve already died or 

been injured while operating ATvs, many while operating 

chiltl-siEetl ATvs, The Consumer Product Safety Commission has 

acknowledged that children under the age of 12 lack the 

cognitive and physical developmerrt to oPerdte ATvs, regardless 

of their size. 54 Fecleral Regulation 14I2..Ianuary I3, I989. 

we believe that a voluntary standard which allows for the 

continued manufacture of clrild-Eized AI'\rs should not be adoPted 

by ANsr. 

ThB atateE futther eEpress dlEEPPointment that the draft 

voluntary standard containB no provision for e minimum standard 

for ATv IatrEdl stEbility, The lack of lateral stability in 

ATvs has contributed, in one rray or another, to hhe vEst

Itlr. iI. C, Delaney, llanrgcr 

Technical Programs, SVIA 

Irtarch 27, Ig89 

PEge Two 

388 

majorlty of ATt/ rccidents. we regret thrt the indu8try and Che 

Conunission were unable to Eeach agreemont on this critical 

isgue. 

FlnelIy, the stetes trot6 that the voluntery Etdndsrd doeE 

not r€fer to or conEain findings aE to the effectiveness

s89 

TO; NCOHHERCE, COHST]TIERs' AIID IIOIIEIIARY AFFAIR,S: 

SI'BCOI{}IITTEE HE,ARIHG OF GOVERHI'IEI{IAI, OPERATIONSf, 

RE: ATV SAFETY AHD REI,ATED ISSTIES 

moH: c. SUSAI{ ZAGGY 

DATE: FEBRUARY 1990 

Thls written testlnony ls to be subrnitted in lieu of 

appearing as a witness, slnce the Hitness list vras filled and 

Hs, Zaggy could not be added to the list in order to appear 

before the connittee in person to testify to these irnportant 

issues. Congressrnan John Hiler's office (Indiana) suggested 

this written testirnony be subrnitted for connittee 

consideration with the oraL testinony to b€ glven February 

28,1990. 

lahls o[ contentE 

I. Bacl(ground - Jason'a Story ..' I 

II. Hichigan's Lcgislative Experience ... 2 

Iff. The Consent Decree's ilFailuren ...4 

fV. State v. FederaL Legislation ... 5 

V. Request for Cornnittee Consideratlon ... 5

L Backqround - Jason's Elgfy 

390 

W. ilason Zaggy was born october 23t 1975. A cherub- 

faced. towheaded tittle boy. Jason was bright, Eelf-assured, 

and nultl-talented. He $tas in the 95th percentile of his 

fourth grade class, and worked hard to become a well-rounded 

athlete. Jason }oved aII kinds of sports, especially 

baseball, 6occer, and hockey. Jf one word couLd describe 

Jason (which it can't, but...) it llould be rrhustle.rr Alnost 

frorn the first noment a boy laces his first pair of skates, 

Eoneone is urging hltn to hustle, and irason discovered thls 

!ilas En attitude and driving desire to succeed. And succeed 

Jason did, becornlng an expef,t hockey player in his horne statc 

of Michigan, even beating canadiana at their dwn tournatflent 

games, There t{as tatk of .fason playinq on the United States 

olympic Hockey Tean, and Jason hitnseLf spoke of gettlng on 

the team to rrbeat the Russiansrr like the last U.s. team. 

It hraE obvious to everyone who knew hin that Jason was a 

bright, athletic and gifted chlld. He planned to become a 

pediatrician, because he adnired hls own doctor so much. But, 

due to a lach of safety standards and ill-designed urachineryn 

ilason nas killed, through no fault of his own, at the age of 

eleven (11) in an Al[V accident In which he sustained massive 

cranLal danage. An el€ven year old litt1e boy with everything 

to live for, and the promise of a successful and acconplished 

Ilfe ahead was abruptly ended in a few ttlinutes of 

rrrecreational respite.rr Now, instead of ilason playing hockey 

Page one

391 

and getting on the Olynpic team hinself, his teailnates and 

coacheE have begun a neftorlal tournanent ln hiE honor. A 

tribute to a wefL-loved little boy that €veryone would rather 

not have to hold; they would rather have Jason back fihustling 

the icerr like no one else couldl 

II. Michioan'e Leoislative Exrerience 

Since 1986, llichigan physicians have been lobbylng for 

additional legielation to inprove the safety of aLl off-road 

vehicleE, including ATVg, due to the physicianB aecing an 

increasing nunber of patlents injured, naimed cnd kllled in 

off-road vehicular accidents. fn 1988, Iegielation wae 

lntroduced by a physician and hember of the ltichigan Senate, 

Senator Schwarz (Battle Creek), that particularly addressed 

ATVS, and had three goals: 

l. Helnets would be required to be used by all users. 

2. The sane restrLctions regarding rrinpaired drivingtr 

(eubstance abuse) would be imposed on off-road 

. vehicular drivers, 

3. No one under the age of 16 woufd be allowed to drive 

off-road vehicles. 

After 18 months of lobbying and various legislative 

naneuverxr, the Hichigan bill passed ln a watered-down fom of 

Senator Schwarz's original bi}I. Basically, the bill requires 

helnets on aII drivers, End inpoaes inpaired driving 

restrictlons on off-road vehicle drLvers, but the final 

coftpronise involved the age of drivers, and ended up that a 

person must he l? years qld to drive an ATV on publlc land, 

and 1O years old to drlve on private land. (Apparently, the 

Page Trdo

392 

thought was that lt is sonehorr safer to drlve off-road 

vehlcles on private land, so younger drlvers can be allowed 

to operate off-road vehicles?) Currently, addltionaL 

legislation ie pending to add an educational, fisafety and 

trainingtr Btlpulatlon into the Michigan law. 

Instituting legielation concerning ATV safety ln 

Hlchigan has been net with continued resistance fron dealers 

and nanufacturers of such off-road vehiclea. Recent1y, 

efforts to nerely begln a rrpublic Eervice canpaignil on 

television to encourage aafety hrhen using ATVs rdere quash€dr 

and the ads were pulled after local televislon stations 

acroEa the state were threatened by lobbyists. 

Dr. Elllott Grysen, tt.D., J.D,, of litedico Lega1 

Consultants, East Lansing, Mlchigan, Ehares that the medLcal 

comnunity got lnvolved ln lobbying for off-road vehicular 

Eafety because they wanted to reduce thG nuhb€rs of injuries 

and deathE in Iilichigan due to off-road (AT\/) aceldents. yet, 

8O people have dled in llichigan ln off-road accidents, and 

half of thoBe people were children. In addition, 30-35 of 

these deaths occurred AFTER the order of the xFlnal Consent 

Decr€€r' ln Unlted States y* anerlcel Honda lfotor co., et. 

al- civtf Action No. 87-35?5 GAc (1988), which sought to 

Lncrease aafety precautions. fn Michigan, Dr. Grysen 

estinate8 that three people die per honth on Al[Vs. yst', thg 

television stations aren't even alLotred to show funproved 

Bafety neaEures, due to f,ear from the dealers and 

Paqe Three

393 

hanufacturers of off-road vehieles that they wlll sonrehos 

lose business that nanifesta itself in lobbying to resist 

publicatlon of such Bafety neariure8, that could aave 1Lve8. 

The battle has pitted ndollars and centsn Bgainst innocent 

lives. Like Jason flagqy's LLfe. 

IIL The Congent Decreefs lEaifure! 

The Final consent Decree lrreadsrr beautifully--if only it 

were adninistered and followed across the country. Yet, since 

1988, few of the stiputations have been consistently followed 

by any state legisf,atlve initiative' Safety efforts etiIl 

fail, due to powerful dealer,/nanufacturet robbiee. The decree 

EetB out speclfic labeling procedures, eafety meaaure8, and 

guidelines to follow, yet nP state has adopted these 

stringent heasures in any of the legislation tegarding off- 

road vehicle use. In addition, there are no heasures to 

insure enforcement or any ralnifications for failure to follow 

the decree's guialeLines, other than re-applying to the court 

for [enforcement of cornpliance.il $lhi]e it night have been the 

hope of many that the consent decree would be voluntarily 

followecl, that has not happened. I nust reiterate, that since 

April 28, 1988 when the final consent decree was ordered, in 

the state of t{ichigan alone, an estimated 30-35 people have 

clied in off-road (AtV)-related accidentar half of I'rhich were 

children. . . Ilke Jason. 

Page Four

Iv. state y- Eeil€r*t lesi-slBlistr 

394 

Consumer grroups, profesrional associatLons (physicians), 

and concerned individuals have tried to see legislation 

passed in their states, increasing the safety precautions 

regulating the use of off-road vehiclea, especially ATVS. 

But while states have some verslon of ATV safety leglslation, 

it nust be noted that ![sp ie nc uniformitv in the 

€nforcement gE settir{r the standards ell care Lg usins off- 

road vehlcl€$. In sone states. children nuEt be 14 year old 

to uEe such vehle1es, in other atates children can be as 

young aB 10, or younger. There is a veritable flhodge-podger 

of legislatlve policies ln different states, that ar€ all 

generalty rrweakeril than the meaEures outlined ln the Final 

Consent Decree. .The states have obviously not proven to be 

,powerful enough to wlthEtand and reslet pressure fron off- 

road vehicLe lobbying groups, While the hope was that the 

atate$ would nfoLLoqrtr the neasures ln th€ consent decree, and 

that the deaiers and rDdrrufactures would begJ"n to reelf- 

regulat€l Eafety issues, this has clearly not haFpened, ft ls 

tirne for a Etrong federal lead to protect the lives of 

Americane, adults and chlldren alike.,.llke Jason. 

V* Resueet For Comlf.!€e conglderation 

f had hoped to be Lnvlted to addre3s th€ Coulrlttee Ln 

perBon Fehruary 28t 1990, yet r an grateful for th€ 

opportunlty to eubrnlt this wrltten testinony for comlttee 

consideration. I nust believe that rny eon'a dcath was for a 

Page FIve

895 

reason that we cannot y€t begin to underetand. f am 

motivated, though, through ny devastating loss to push for 

consistent, Etrong, and solid legislation protecting off-road 

vehicle users--especialfy children...like .Jaaon. 

Nothing can brlng [ly son back, but we caD collectively 

work together to prevent }oeing nore brightr Erticulate, and 

loving and Loved citizene of thls natLon. llhere ie no nay to 

know what Jason or the other caaualties of off-rogd 

recreationaL vehlcular accidents might have acconpllshed had 

they not been rnaimed or klIled. The inventor of B cure for 

cancer or AIDS might have perished ln one of these 

accidents...how do we know? 

f ask the Cornnittee to ltlak€ their decisions with these 

victirns In mind, and not be swayed by the arguments of 

personal and capitalistic fteedon put forth by A €troup more 

interested ln profits that the safety of the people providing 

their profits. trhank you for your coneideration. 

cSz,/JHh 

C. Susan Z{ggy 

rr constltutid Dri 

uiehigan clty, IN 46360 

{

398 

Hon, Doug Bernard. Jr. March Z. t99O 

COI'IMITTEE ON COVERNI'IENT OPERATIOHE 

Comerce, ConSUher and Monetery Affairs Subcoffiittee 

The safre 1s true in the case of carrying Fassengers. The additioh 

of a passtqggg on the vehiclq tesults in a nuclr more unstable 

vehicle. Likcwiee. Likcwise, he failed to fr, point y,AiFt out ^r,f that Iher riding this vehicle 

of, a paved gurfaee df any sort, Hhethar it-'s a public road or not, 

cen result in loss of contEol. which relates again to the desiqn of, 

the vehicle. 

The manufacturer has taken the positioh af warning agalnst certain 

things as opposed to deEigning those hazarCs out ot itre system, ohe 

need only take a look st an operators manual ahd count the numbsr of 

warned against activities thrt can result in sevr)re injury or death, 

ahd they will have an idea of thE magnilude of the design 

deticiencies associeted with this vehlcle- My contention is that if 

you solve the design protrlems with this vehj.c1e. then training 

requirafrents will be mueh ah less, 1ess, need.for need, for warninos warnings uilt will he be 

considcrabty less and obviougly injuries ancl faialilies will be 

less. J do not understand why the manufacturers resist the ldea of 

added safety to the vehjcle, and I do not understand why they so 

vehemently dppose my opinions and suggcations that the vehicie can 

be made much safer. 

It would geem to ne thet the f.ypes of accidents that are occurring 

such as, no helmer.s and carryir,g passengers in operation on paved 

roads, would be an indication to the manufacturers Lhat this is the 

way that the Afrerican public generally operates thE vehicle, Also, 

the way the vehicle is being used, should be an indication to the 

mBnufactuter td take those uses into account as opposed to sifrp1y 

defining those useg ag "misuses". 

ThE manufdcturers have taken itre 

position that if the vehiele 1s used in a certain manner that they 

have not defined, then they have categorized that 

"operator 

ss 

nisuse", Likewise, if an eccident occurs with one of their 

vehicles, then by their definition, it becomeg operator error. 

Thank you very much for your considerati.on. If you have any 

questiDns or if I can be of assistance, please don't hesitate to 

give me a call. 

PHJ/pc 

cc: Ted Jicobg 

Dr. Leon Roberron 

Yours very lruly, 

Page 2 6f 2 

Corpordt i dn

March tJ, 1tg0 

399 

NANLEE RESEARCH 

? Monlgotnery Parkway 

Branfotd, CT 0640.5 

c03) 4EE-6655 

The Honorable Doug Eemard, Jr, 

Chairman, Cornrnittee on Government 0perations 

Subcomnittee on Conrnerce, Consumer ind Monetary Affelrg 

U.S. House of Repreeentatives 

Rooil B-377, Rayburn Office Buikling 

l,{ashington, DC 205tj 

Re r February 28 Hearlng on "aIl-terraln 

Dear Mr. Barnardr 

HECE'VED 

tiAR 

22 w 

,*ffiflF.lfiHl,gflli+., 

vehicLcg. 

f regret that T waa unEwer€ of the hBarings on eo-calIed "a11terraln 

vehiclee" (ATYs) and wae thorefori not present to offer 

ny observations. Frank Johnson wae kind enough lo send ne the 

Etat€nents matle at the hearlng and aeked that I convey my 

opinlona to you, particrrlarly with regard to the etatiettcs 

presentetl at the hearing by industry repr6a6ntatives. My research 

1s nalnly focused on injury etatistics, eplderniology anO policy 

enalye1s. A bricf biographlcal Bk6teh is attached, 

The thrust of_the industry's position ie that use of all-terraln 

vehicles (ATV) ls no more risky than several othor forrne of 

recreation or oth6r activltlsB antl 1s, thorefore, an acceDtablc 

risk, They dld not say that Bo dircctly ln the hearing, but tt tB 

strongly inplled by the stattstlcal comparieone they prosonted. 

The injuries, according to thc intlustry, ar6 nainfy the fauft of 

thc drivers, and they added in th6 February hearlng that recent 

tlocllne ln injury ls the result of induetry cfforts to warn and 

Gducate drivers. 

In ny opinion, the quoetlen of the acceptlblllty of a rlsk rhoutd 

be bas6d on wheth6r that rlek waa hcceaaary or coutd have becn 

avoidod, not how it conparee te other rlEkE, The average pcrson 

does not have the resources to gather data on a varlety of rieke 

and comparG thcm and decide whethcr or not tho risk ls 

*acceptable", 

llahufacturers mu6t bc held accountabL6 wh6n they do 

not 6ltrp1oy knowledgB of simple phy8ic8 and hunen factors in 

vehicle design. As an econonlgt, Heldcn Bhould know v6ry weLL 

that policy rcgardlng rlsk to soclety is not based on ralatlve 

rlek, Moet oconornlsts advocete that rcgulatlon shouLd b6 bea6d on 

thc extent to which a rufc would reduce the coat of tho inJury 

relative to the coat of lnposing the ruLe, Coat-benefit and cogteffcctlvonaae 

anatyBie ie nover baaeal on rat6s of inJury or 

ctJ.seas6.

Mr. Barnard, March 13, 1990, p. 2. 

400 

It 

_is_partlcuLarly 

pernicioua for the ATV lndustry to conpare ATV 

lnJuries to those frorn notorcycling afld snowmobiling given that 

the same rnanufacturers vislted thoee plagues on the public. ttrc 

pattern in the industry heB been to introducB a series of 

vehiclas with characterlstics inducive to high injury rateE and 

promote then for 

"fun" 

use, In the 1960s about 200 diaths ner 

y6ar occurred on rnotorcyclds, In the 1gfOs, Honda promotedmotorcyclos 

wlth the BLogan "you meet the nicest plople on a 

Hohda" and protrayed people doing all Borts of fun things on 

Hdnda motorcycles (?, Sakiya, I{onda Motorr The Men, Theyattagement, 

The,Maahines. Tokyor Kodansha Intornational, lg8e). 

Tn the early 19808, Honda, Kawaeakir and yanaha introducert raeing 

cyc1escapableofspeedsupto16Oml1esperhourandprornoted 

them for street use, The racing cycles haio death rata-s twice 

thoee of les$ powerfuf cyc1es (J,F, Kraur, et a1., Motorcyclo 

design and eraeh injuries in California, Bulletin of the i'Iew york 

Academy of Medicine, $epternber/October, l9BB, p. ZBB). Saloe and 

deaths soared and by the mid 1980s more than 4_500 people dJ.edl on 

rtotorr--ycles Xler year. Following publicity about thl hazards of 

raci.ng cycles on.the CBS pr.ograrn l/test 5?th and in th6 print 

media, notorcyclists deathn dropped to 1486 in lgBB, slitl far 

above the 700 per year in the 1960e. 

Snownobiles were also heavily pronoted by the ATV nanufacturers 

in the 1p60s and early,1g?0s- and an epidlmic of lnjuries occurreA 

to riders of thoee vehicles, Apparently the rnarket-for 

snownoblLee was saturated by 1pf4 when sales began tr6 decLlne 

rapidly, fn the late tpl0s, promotlon of ATVs for recreatlonal 

use began, with the resuttin[ epidemic of injury and death from 

thoee vehicles. Suzuki rcccnily did a similai piôrnotion of thc 

Samurai, which has a fataf ro]lover rate slx tirnes that of a]I 

paBsenger carE, until they were taken to task by Consurner's 

Union. 

one of the charactcristlcB connon to motofcycleB, EnowrnobilcB, 

ATYs, SanuralB and othcr utllity vehiclcs, is thelr instablliiy. 

The industry ilTnoras the nost refevant statistic Ebout ATV 

injurias, The majority of injuries occur when the vehicte 

unerpectodly rolfs ovcr, This shouLd have been antlcipated by the 

cngineers who_designed the vehicl.es. Most of the AtVs-cxarnlnid by, 

the Consumer Froduct Safety Commission'E (CPSC) cngincers will 

tip ovor with a side force of less than one g. The-industry 

argues that 

.a standard for stability should be bascd on coinplex 

dynafiic perforFtancc rathcr tharr a simple static meauur.a of 

stability, "et 

rny research on utility vchiclcs (cnc.loscd) 

demonstrates tlat statlc stability is highly predictlvc of 

roLfover death rates of utility vchicfcs. Aboilt 6t perccnt of thc 

"?{}pt+g".arnon61 vehiclc rof fov.r rat;s is predlcted-b,y track 

1v1$th.dfvided by twicc thc hcight of thc clntcr of. grivity 

\T/?H), which ranges from I to 1,? gs alrohg the utlLity vlhiclcs. 

."asscnger cers have a T/ZH ranging frofi 1.1? to 1.62 ee and hava 

very low roflover dcath ratcs, The evldence suggests ihab much of 

the rolLover dsath ratc on ATVS could be reducid by sfinpty

Mr. Barflard, March 13, 1990, p, 3. 

401 

wldenlng the distance between the center of the tlroe and 

lncreasing the length between front and rear axl63' The fact that 

the inalustry continuaLIy delays dolng that' ae well as reducing 

the speed capebility of the vehicles, and blames the riders for 

not heedlng warnings is, in ny vlew' crfuninal negli8ence. 

tlith redpect to Helden's etatietlca on the percentage8 of 

lnJured rldErs who dld not heed warnlngs' the public hss isseived 

a very rnlxed megeage on these vehicles frorn the indu8try' The 

vehicie ie by its very nano suPposedly ugable on all teruaing, 

y6t the lnduitry warn8 against use on pavem6nt' The lnduetry 

L1*irns to warn that helmdts should be used and that children 

below a certain age should not ride ATVs' but as recentfy as Jaet 

Christrnas a KawaBAki advertLsenent showed a chlld-1l]te rider 

wlthout a hetmet. Encloeed is a photograph of an advertising 

biriuoara ln cro88vi11e, Tennessie th;t i took ln December, 1989' 

f eaw it at dusk and the photo le thus too dark' but you can see 

that the littLe person, presumably-$anta'e e1f' on the ATV ie 

unhelmeted and, furtherrnbre, etanding up on the 86at. The 

lncluetry warns against carrying passengdrs but putt a long eeat 

on the vehicfe which invites passeflgera to u8e lt' 

Compare the bdhavlof of the ATv lnduetry to some other companiea 

thai discovered unneceaeary risks associated wlth.their producte. 

When a few Tylenol capsules were found to have pol9on in them' 

"ppar"ntfV b! tamperiirg after reaching the store shelves, did th€ 

rn-airuiact"ier'blarni the risk on human behavior, lssue a warnlng, 

and contlnue to distribute the product? No' they stripped the 

product fron store ehelves and did not sel} it again untll the 

-uac[aslne 

had been nade much nore tanper reglstant. When Perrier 

iound*a darcinogen in lts product that had a one in a million 

"i"-[ of caueing*cancer, did lt say the rlsk ls lower than smoking 

or other causee of cancer and contlnue to sefl the product? No' 

ihey recaLIed the product and did not sell it until the risk was 

renoved ' 

In additlon to the faulty logic applied to the Belect€d 

statistlcs presentod ty etV lnanufa-cturer' I repreBentativea, 

Heiden'B represdntatlons of statlstice on risk per hours of use 

of ATVs antl other products are based on unrellable surveys of 

""u, U* an(l oth€rs uae tnore that 20 houra per month use in 

calculating totaf ATV hdurs used, based on a,survey by a flrrtt 

""ff"a Marfet Facte, Yet -59 percent of the riders reported use of 

less than 1? hours per month; ao the average faffs much above the 

tvoical reDorted uee of more than haLf the drivers, The 

riitisti"*i tern for thls is a skewed distribution, which means 

that a few observations, ln this case with high reported uee' 

frave a large lnfluence on the average. The extent of this 

itrf],t"tt"" 6an be l]]ustrated by the fact that 2 percent in the 

aampLe accounted for 1J percent of the cfaimed hours of use' 

To check on who made clalms of such hlgh use, I listed fron the 

CPSC computer fiLe the cases ln which ATV use was reported as

Mr. Barnard, llarch 13, 1990, p, 4. 

402 

.t099 gr nor6 houra per year (which wouLd flean more than two an4 a 

half hours p6r day, eVeiy day ln a year), f found AJ Brrchl".s"u. 

Theee incLudodr 

-- 3600 hours by a ?2 year old male (g.g hours a day every 

day for a year). 

-- 1120 hours by 

+ 

4 year o1d fer,nale (J hours a day every 

day for a year) 

-- l0B0 hours bjr a 5/ year olcl mafe (alrnost I hours a day 

every day for a year). 

These numbers are sinply not pfauslble and the average frorn a-' 

distribution skewed by euch responsee shoul_dn,t Ue uEeA iJr 

anything, much Less to caLcufate riFI( of a hazardous produ;t, 

fn his exhibits 6 and ? for the hearin41, Hoiden presented graphs 

of injuries and deathB per supposed hourB uBe, Hi eites CPFC,-the 

Nationaf Higtrway Traffic $at'ety Adninietration anil the National 

Safety Counell aB $ources of, the data. ethBr than the Market 

Facts eurvey on ATV ude done for CPSC, merrtioned above, none of 

these organlzations has done BurveyB of houre use of vihicles, 

organized footbal1, swlmming, etc. fn defenee of A?Vs in pr+duct 

IiablIlty laweuits, witnessee for the manufacturere have ' 

presented similar graphs based on surveya of recreationaL 

activity by MiJ.ler Lite and other organizatLons, Those surveya 

uBe answelr_ categories for frequency of activiEy such as "dai-ly or 

4Lrrost daily"' 

"about 

once or twice a week", 

"ibout 

once or tilce 

a month", and "lees 

than once a month,,. The atternpt to convert 

such grossly l.mprecise categories into exact houri of various 

activitiee is redlcufous, If Heiden cane td my injury 

eplderniology seminar at Yale and preBented soirething llke that, 

the graduate students would laugh lilrn out of the ro6m. 

Helden's exhibit I cornparee death fates per 10,000 vehicles of 

ATVg and Eports cars, He does not, howevea, mentiorr that the 

DatternB of the craeheB of these vehicles are very different. 

Con8lder the car with the highest death rate, the ChevroLet 

Corrette. The fatal crash rollover rate of that vehicle ls 3.8 

per 100,000 registered (rnodef years 1970-1g84 crashing in 

cafendar years 1982-1gBJ, rollover as flrBt harrdfuf event in u_ 

crash ln which an oceupant of th6 Corvette died), That is ar6at6r 

than the all car rate of 1,3, but the fatal rollover death-rate 

of ATVg (4,8/1OO,000) in 1985 was 3.7 tines the aff car ratd and 

?f percent more than the Corvette rate, The ATV rollovBr deatl 

Iate 

per veh_icle was nuch higher than the car rates deepite the 

faet that ATVs were likety drivan much Jess rni_les per .yEar per 

vehlcLe, Do6s he believe that iffesponsibility of luto" 

nanufacturers in prornoting speed in sports care Justlfles ATV 

nanufacturers promoting unstable vehicles? 

Heiden seems to want to have lt both ways in hle data on trends 

il +Ty injulies. fn the February, 1pp0 hearlng, h6 Bhowed a graph 

claining a 55 percent decrease in ATV injuries baged dn the ilEISS 

survey, When the inJuries were increasing, however, he cfained 

the NEfSS data were biased, In a paper put out by Heiden

Mr. Barnard, March l?' 1990, p. 5. 

403 

Aasoclates ln 1986, 

'Preliminary 

Crltique of Data Base Supporting 

CPSC's Advanced Notlce of Propoeed Rulemaking for ALL Terrain 

Vehicfes", Heiden clairned that there are likely Brrors in the 

CPSC's estirnate8 of injuries because the ratea increaee ln a 

period when some hospltals ln the Burvey were changed. He dld not 

perform a sirnple teet of independent validity, that is, did the 

death rates, rneasured independently of inJury rates, change 

similarly? They did, as illustrated by the lnJury to death ratior 

Year fnluries Deaths fniuries/Deatha 

1986 86,400 268 J2" 

1985 85,9oo 246 149 

1984 63,900 153 41q 

l98t 25,9oo 8J 316 

1982 8,600 26 J31 

It ls obvlous thst the lncrease in lnjurles Parslleled the 

increase ln tleaths. The ratio of lnJuries to deaths is virtually 

the sane ln 1985-1986 aa it was in 1982-1981' Therefore, the 

Iarge j.ncrease in injurles and injury rates per vehicles in 1984 

through 1986 was not the rasult of I{eiden's allegations about 

problema in hospital sampfj.flg by CPSC' 

f do not know why the injury and death ratee are declinlng, but I 

an scepticaf that lnduetry warnj.ngs and training account for a 

Iot of it, tn the 1985 ln-depth studiee, one in four persons 

injured on an ATV wae riding it for the first tifle. I suspect 

that Buch experlences reduces usage and that many ATVg are now 

stored away unused, ALso, the hazarde denonstrated on television 

prograns such aa 2O/2Q and 60 Minutes may have reduced use. 

It is doubtful that tralnlng has much effect on lnjurieB that 

wouLd have required reactlon tlmes beyond hunan capaclty to 

avoid, Certalnly it ie not possible to teach Eomeone to see bumpe 

ln the terrain hidden by grass or soft dirt that can reeuLt it. 

roLIover of an unstable vehicfe. 

fn the ATV industry's ernphasls on behavloral factors associated 

with ATY lnJuries, it ignores the fundanental knowLedge of the 

cause of injurles and their severity. The necessary and speclflc 

cause of an injury is an energy exchange with the human organism 

beyond the tolerance of the organism' Behavlor and other factora 

nay increase or decrease the probability of Buch an exchange' but 

it is the energy exchange and the human tlesue tolerancea that 

are the n6c6ssary and specific causes of inJury. In the case of 

ATY lnjurles, the primary energy is uguaLfy mechanj.caL' ff avehicle 

]lke an ATV is designed not to geflerate high energy (such 

as by limltlng its design€d speed capability), to be stable in 

lts center of gravlty relative to width and length, and in it8 

handling characteristics, so as not to tip over at the naximum 

design speed on the terrain where it is to be used, and to absorb 

energy before that energy reaches the occupants if it colLldes 

wlth Bomething, injuries wllL be greatly reduced irrespective of 

the behavior of the uaers' A driver ln a given PsychoLogical and 

enotional state, who encounters a hldden bunp or attenpts a

BlograPhical 

405 

Sketch 

!eon S. Robertson, Ph'D. 

I,eon S. Robertgon, Ph.D.r la Preeldelt of Nanlee Research' a. 

illiiriirr"""a-"""=ufti"E-irit in Branford, CT' Dr. Robertson haE 

;;;;;e ;" the facultieE of Yale Univeraltv'--Harvard-Univerelty 

il-ai""f School and Wake Forest University' He was aLso Senior 

;;h;;r;";i scientlet in the rnsurance rnititute for Hig!1ay--- 

;;;;;;:-H; i,"s;o""tlto"ei 6 tootcs and is the author of TNJURTESt 

c;uiEt: CoNinoL srnnrncins AND PUBLTc PoLrcY' pubrlshed bv D'c' 

Heath in 19g3, aB ""if-iu nore than 100 artlclEe and chapters in 

iire scientific tlterature. Dr' Robertson waa a melnb€r of the 

fl"ii"""i n""earctr co.rnciir/rnetitute of Medicine Committee-.on 

Trauna Rdsearch ilrat*proalced the report' INJURY IN AMERICAT A 

CoNTINUING PUBLIC HEAiiH PR0BLEM and was vice chair of the NRC 

IJiiifii*t-trtat reviewea- the iniury control Drosran of the cent€rs 

for DiseaBe control. H; ;i;" =8""!a on the ilational Reeearch 

Council PanBI on o"""pltio""} Safety and,Health StatlstlcB and 

;h;i;;a irt" "pu"rar iirterest group otr.rniurv control-and 

ii,i""iit"i'neaittr services of f,he lmerican puulic Hearth 

Association '

406

4Ul 

ffi;Ptftlic 

o'Iilgalth Fpr{nr 

Rlsk ol Fatal Hollover In utlllty vehlcles Rolatlvo to statlc stablllty 

Affi: Th. risr of fshl rotbvr of utilitv vchiclcr F lfi'm 

F8irt rcd vchichi Elstivc to ffi dwiu lw{ mt tlt$||lv 

cmhtca to tnc rutic rutililv oItH Ydi;h! flilRn'c htH t.t' 

Htcr of rh+ iifte divH by lwicc tltF kitht of ccnlEr of Fvitv 

ilplsinGd 62 Fr sfit of th vdtion in frbl rolbvcr il'! wH 

I4rtudrclion 

Th. sslc! of utillty vchiclc!, siEtimH cdicd muldPe 

ms vchiclcr, hrvc incrc*lcd tubltanlisllv in rcqcnt ycffi. In 

i986 sme 725.ffi wcrc $ld in th. Unitcd Sutcs comped 

b 112,000 in 1982.r Qucstion$ rcgerdinS the stf,bilily of thes 

yEhiclcs wcrc raised in l9t0 whFn the Jeep CJ'5, thc Ford 

Bronco, und the Chcvrolct Blucr were found Ia havc 

rcllovcr BtcB pcr rcSistcrcd Ythiclc much hiShcr ths Ps' 

*ngcr cffi. ilreee utility vEhicle8 olso hf,d lowcr ttatic 

St4bility rhil a smplc of ffi, as measurcd by the diJlsncc 

between thc ccntcr qfthc tiEs dividcd by iwicc the hcryhl of 

ienter ofgmviry, usua.lly cxprcsicd Er TnH t TEH of utility 

vehiclcs r;nae from l to l2 whilr thst of ttE Ycsr mqiority of 

ws is above 1,2 md rangc us hiSh ar | 6'l 

The principlc of ruric shbility csn ht illustatcd casily 

with a rciriqn of2x4 lumbcr. Plrccd on it5 two inch 5idc, it 

is cilsily tipFcd ovcr by s forcc from thc sidc, but placed on 

itr four inch eidc, it tcndt lo slidc rFthcr the iip over Sivcn 

thc smc forcc- Thc hiShcr tht wciBht from thc gqund 

rclative to the width ofthF bottom dccrc+tcs ihc $bbility. ln 

a movinl vchislc, thc lateral forqc t€treratcd in a lur 

Frovidcs ' a potentially tippin6 forcc- 

Studici of utility vitiicles in rhc cslv 1900r cooftD.d 

thc mukcdly hiShcr rcllover ratca of ulility vchiclcr Ehiw 

m (s but did mt atftfrpt to corclstc th. mtcs with statid 

rubility,*+ A ffirt study found th+t, for th. four utility 

vchiclB sd I I cil3 for which $btic rtabilily hEd bccn 

Frblirtcd, thc fatal rollovcr Bte F.r rcdsrcrcd vchicl.r 

rturitE 196l-S4 in thc US ddrcscd crpoEntisllv in rclstion 

b rhtic rtability. The corclation wss 8lmott pcrfccU ltalic 

#triliry cxplaincd 96 Pcr ccnt of thF veiation amont thos 

vchicltr, SHic shbility ws nol coreletcd b fdrl cruh 

ntcs wlEE rollover did not ffiur-' 

In fttDon& to a Fctition fronr ConSnrc, thc Ndlffil 

Hi8hwsy iraffc Se{cty AdsioisHim (N[ITSA) rFthcFd 

rtitic rubility aeu m i nmt+r of whiclcr rod csductrd I 

ilttdy ot rindc-vchiclc cdrhci, ffidy mnfstd' in thE 

rtrtH. SEtic stsbiliil Gxplaincd E6 Fer crnt {}f tht vsbtiE 

in rcllovE rr dnt.' 

Sincc ihc rclstivc d* of fetd rc'lbvcr c@hcr in a 

Dumb+r of rcccnily ffttcEd utility vdhhbs hs mt bacn 

rtudicd, this commuoidim rlsdr e edyrb ef fitd 

rclloycr cBshcs in dlation b rBtic stability of t!.* YChi' 

clcr. F wcll as thc oldcr orcs, dunn8 lffi2-at b tht US- 

-6 

apirn44bh s. t&dffi. ru' t*H, 

I xlffi h*nr, [dd. tr il#J nk Fr rudffi Ec 

Jfld-Lry 6, l#, w EvH d *6d ror Fbrtns k A' 

IS, 

6-tmmirurmaffi tmruffiI.$ 

ffi 

l*ox S. Roarnmr, Prf) 

ftllovH w tlF 6Et hsrnlul cvcdt. Shti*ticd muEl! ffi 20 fiqir 

di ldffi iidflt.d no conclstionc thsl would d.irle lhc comhdon 

b+twrn rffity snd rollovtl liw ibbility udtity vchiclci foll ovcr 

mw oftgn m th d iut8.sury thrl thc lflerd forc. of tdnE rs 

ftn tk riHiq iffi. (A n J PFbliE HAahh 1989; 79;l{F103 ) 

Othcr knom risk f*toB wcrc cxmimd sr Poiriblc co[foundinB 

feton. 

M.rhod 

The rvrilrblc dats of, 3tatic lhbility of utillty vahlclcr 

that havc bttl ruswd uc prc*ntcd in Tsble l. ln some 

cscr, only onc vchiclc ws mca$urad. ln thc instanccs of 

multiplc m;a$urcs, thc major intravchiclc vcriation trcurs in 

thc rihi.t.s that havc thc samc nam€ for difcrcnt sizcd 

vffiihr, namcly Blutrr end tsroncos Il i5 Foisible thal 

ffi of ihc$ vchiclcs wcrc misidcnlificd at time of mca- 

'Nmntsin tmnsmittif,Sthc information lo NHTSA. In the 

uulyrir hcrc. the median Yrluc Fthcr lhan en sveraSe iB u$d 

to minimizc thc cffcct df atypical tHsurcs or cffif,cou8 

YGhiclc idcnlifi cation. 

Tl* dsta on fEtsl cmghcc ofth. ulility vFhiclcr in which 

m ffiuFont of thc vchiclc dicd wcrc cxirutcd from thc Fatd 

Accidcnr Rcr,f,in8 System (FARS) dlb tapcs for the calcndu 

ycss 198?J?.'Thc* tepcr conbin inform4tion on 

viilua.liy cvcry fatd cruh in the US with thc possiblc 

cxccDtienof ffi thrtecuficdin lBrc 198? andhadnoib€cn 

rcFoftcd whcn lhc bp. ftr thet ycil was rclcsicd. Vchiclcr 

*i* idcntiico by decodinS vchiclc idcntiliHtion numbcd 

tld mhin c{dcs srcifyin8 6alcs f,nd modclF. For @m' 

Itriffi, rll cruhcs in which m ftsuPant dicd in rollovcn 

ud |l('rcllovcF wGrc dlo countcd, 

Dib lrthcrcd from ltslc motor vchiclc administr8tiqnt 

by R.L, Pqlk Cohpany weE u&d to count rcEistdtions by 

mslc illd modct during 1982+4.e Sincc R. L. Polk data do not 

includc vchiclcs rEsiitcrcd in Okllhoms, Ychiclei thlt 

cEhd in OtlehoMturin8 thc yFst that rcSistmtions wcrc 

counrcd from thst sNe were eliminotcd ffirm thc s8lysis. 

Yru t-rt|! lfldHh ffiY ffi(tAlM l't 

vfflqmF 

1 cr{ 

Lu7 

3. tuiliffi 

4, *#ffi' 

t, ffit 

4ffi./hy 

t. SFrrj 

l-h 

r. fr.f* 

10, D+ffi 

lI. ffic.r 

HghYstuEbYstuffi 

r.0l D Srw&. 0.m 14 tu Lm 

l.r0 tt H 1.07 fi Eq* 1.6 

1,10 4 8nld.r i.d7 7l ffi 1.8 

1.8 d ffi l.t3 e w. l.ra 

Li2 s h 101 S 9t 1.07 

1.4 s frC i.fl ? tu 1.07 

1.12 s f l r . i z s f f i i 1 ? 

107 B U * r . f l t f i 1 . 6 

1,13 6 7 f f i r 1 3 U f f i 1 1 3 

f.i2 Et W 1.6 B $Tl l.ffi 

Lte s mc Lig Eg ffi 1,19 

t.tt D mc r.10 4 ffi 1.10 

t.to e7 mc 1,10 & filo l.l0 

sr^ru#6;ffihffi4Fd - {tubc4if};9n - 

turffi, H:ffi - Gffi ffitudfr):w ' 

''itu ffi" hh iH |# {fl h n tu # 

AJFH Mfii 1s&, Vd. il, ib. I

Thc regression coeffcient ef ycarly chan8es in vchiclc 

reti\trilttrrhj by vchiclc age was ured rr cJrimatc scrappa8e 

of vchiclcs as they aged in 1985-8? {pcr ceilt tnang. = -b.!t 

* vshrclc r8c. R- ll lll. Filr ncw vchiclcs. vehirle sdes 

dntr" were used kr counr :cFi{trd(ions. The m{}nrhly {0lcs 

wcre rnultiplicd hy lhq numbcr oi illonths k) rhc cnd of the 

$tudy Fcnod and the suill ol-thcsc months wai divided hr lz 

to obtain rrgi\rcrcd yc:rr$, 

Thc rrtr: of thtal rotlover us 

'lirst 

harmtul event," 

dclrncd ns the evcnt crusinE thc initial danldgE to thc vchicle 

or arccuprnls.'wfls cxf,Drirted fcrr Ekh vchiclc wittr sufiicient 

rcF$lratlons fehtive kr rhrt of all cars. t.o8 (dds of lhc 

rehl;vc nik wfls uscd to estxblish canfidcncc intctaals. 

lfinstrllility c()nlrihilrcr mrjnly to rr)llL)vcr, lhcrc should 

be Iiltlc inr:rcrscd risk ot iloilrollrv{r fglal crash rates of 

vchiclcs with low strhiliry rrr i(ls. I hcrctbrs, the rctqlivc risk 

ol nonrolkrvcr fatnl clnshes of thc uriliry vchiclcs relatlve to 

cflrs was cxanlined xr wqll. 

Dircqt controls fof the potenriHl conlbundin8 elTects of 

drivcr's chafactcristiqs or driving cuvironnrEnt contd not be 

rpplicrl iiuc thr ncccssdry drlil on ilsc wcrc unavail{bld. 

Mn):iiltrlD p(ilqnlirl (onfounding was estinrrlcrl for i0 factors 

by mciisurinli the r,elution hcrwqcn cach lactor and shhility 

withifl thc gr{)uF oi foliil rollovcr crarhrs. Fnctors unrclated 

lo siability could not {.trrt(nrn(t rhc cfcct ot stahilily on risk, 

ExpressEd msrhcmillicfllly: 

C LiI! = RL/RH = b(Sl 

where L = low crposurc to I risk tactor 

H - high r'rposurc nr u rirk factor 

C s constant riltie ef ri$k fiom low to hish risk 

$ituations 

RI., - frrtol rollov{rs in l.,w risk-firctor situations 

RH - thtal rollovers in hiEh risk"tacror rituurions 

S = Slrbilily v{luc for a Biven vEhicl$ 

h = lhc $looc of thr'correlurion 

lhir cqufltion-lnys thilt lhc rsrio of rollovers in low 

relativc to hi8lFrisk-frcroriilnntions is afunction ()flhc ratio 

of crposurcs in thosc situatiorlr tihe$ lhc rclativc risk ratio 

C. 5or othef rirl fircrorr ru cxFlain the cofielution of static 

slnhtlity to rollovcr ratcs. ther e ilrurl hc il p,rsitive r-o[elation 

ofont or [tr)rc oi the ftrti{r olrollovcfr by risk fcslor with 

stillic slnbilily, Ihcrcfbfc. rl L) har a posirivc valuc. rireil rhe 

ri$k titclor ir n pelenlial (onfoundin8 lactor thHr inflates the 

stability iliect. A near-zero correlotion indicates that the ri$k 

facl('r soukl n{il hilvc Fr$l[cfid il s|urious corrclation of 

stshility irnd rollovcr rates. A ilLfgurivc corrqlation ifirDlie$ 

that lhe stuhiliry clTcct may bc dcllnted by cont{)undinA, l hc 

ratio ol numbcrs of rDlloverr rrr low rclBlivc to hieh{isk 

riruatirrns scre crsilincd for Z0 major- kn.rwn rirk ficrors, 

includi0S rn!,alcohol aild xlc{}hel Hbovc thc lc8al Jirrrit in the 

stutcs whcrq litl pcr ccnt or Nore of frtdly injurcd rtrivcrs 

werc tested. 

/(eJrlts 

Vchicles thal had fcwcr than lmlfi)o re8i8tered ycffi 

during thc Ftudy pcriod*the Monter(}, Tr(lurcr, and Wmn. 

glcr -.wcrc 'tirblc 

climimtid li om the anillysi\. 7 Frcscnts the 

annlysis of the reirtivE risk of frtgl rollovcr as tiNt haffiful 

event in rulati{}n k} rhc stl-qnr rEtc, l, I pcr | 00.000 rcsistcrcd 

vchiclcs. Thc Jccir CJ 5 was 19.7 times morc likely to 

cxpcnence a t'atal rollover per rcgislcrcd vchiclc thnil a car. 

Thc Jecp C.f-7, rhc pn:78 lbrd tsrohro. rnd thE Fjrd 

Broncoll wcri clustered in thr r!n8e {rf I() ro I I tinrcs thc latal 

rollover rate ofqHrr- Anothcr sluslcr with a fetative ri$k lhrcc 

AJPH Mffc*r iogg, Vot, 79. No. B 

408 

FATAL ROLLOVERS IN UTILITY VEHICLES 

to six tims$ that ofcar$ inchrdcd thc Dodge Rirmqhar8cr. the 

1982.,87 F'ord Bronco, the General Mrrors largc an'd smull 

Blazer/Jimmys and the Suzuki Ssmurai. I'he krweri rclative 

nsk wn$ l.l for lhc Jccp Cherokee rnd rhc lowcr coilfidencc 

linlit for lhflt vchicle was thc enly onc withirr thc rungc ofall 

'Ihe 

rel{tian ofthc firsLhfmful-cycnt rollovet.rrtE kr thc 

stability ratio..t'/2II. dirplHycd In fi8ure l- i\ srrikir8, t.he 

hEhcr rhe rrilbilil! thc lower rhc futal rollovcr rare. In il Iiilcsr 

rrtr)del. 6: pcr cclt of lhc vflrifltion amoilB vchiclcs was 

flcco!ntcdlin by lhc stiibility ratio. Thc rc8rcssion coeflisi€nt 

of -86 (95% +ontidence inlcrvnl = - 39 to I l -i2) suEs$rs rhar 

incrcasitrE the shbility ratio hy rhc-lcnlh dccrcarer thc 

rriuill firlfll rollover raie hy rn nvcra8c oflbout 9 pqr t(xJ,Uryr) 

rc8istcrcd vehiqlct, within the ran8E {}f stnbility ritior oi:thc 

vehiclEs in thc study. 

Since vchicls$ sometimes roll over 

"lirsr 

$ubscquent to other 

hrrmfirl cventr. rhc qonclation ofstabil;ty ilios with 

ratc of rollovcr n$ "most htu,drful evenl" was also extmincd- 

Tlre Ftril{:m war ririlililr le rhflt iD liigure I hdt lhc ffltcs wcre 

highcr.' The rc4n:s:roil coetticicnr oi - l4j (95,i CI - _ri4 

-:.22,1{' 

ro 

- 0.611 JriEtcsrs thar an incrcr$c in rhc srabiliry 

mtio of onc{cnth would dccrcflsc lhc arnual rilost-hHmftrl-. 

cvcnt rollover rilts in whilrh an NcuFanl diqs by an average 

14 per loo,uxt vrhicle\, aH$in wirhin the rangi rit rrability 

Bhos of these v€hislc$, 

The risk ratios for utility vshiclc mcupants relativs to 

CFr occupanls oflatd crachcr without rulkrvEr src displayed 

in Tnble 3. liishr of thc lO vehiclcs hurt risk ratios tejs tirun 

oxe reld! vc la {flrs. twc with uppcr h\ilrnd lcs5 than onc. only 

the Jccf' CJi hfrd coilfidcncc intcryills il[,ove anrl orrsidc thc 

rsn8c ofthe 3ll-LBr rjrrc Hnd thcif rElative risk rflrios wcre less 

than two. 

- Thc rclfllion berwcEn srilhility alid driver or enriranmcnrgr 

chhrflcreristics is shown in Ihble 4. fionc eflbc Z0 risk 

fEctors was ruhitsnlifllly positively corclsrcd to l/ZH. l.he 

onrnad,lcfl-roild comelati{)n was ncgntivc, ilxlir!tinE thst 

lowcr stnbility vchiclcs more otlcil rollcrl evcr on the road 

rather thiln nftcr leavin* thc road, as plotti'd 

'l'he 

iil FiBurc 2, 

ottler cnvironnlcntal risk lircler$ wcrc unrelated 

systefiulicnlly to vehiclc \rrbilitl, No driver lacnrr was 

corcli{tcd ly$ternutiqfllly to vehicle rt*ility, inql\diDE a8e, 

Befider, Frcccnce ofalcohol or illcgnl alcohol, iil!ali(l liccns" 

c5-prior crurhc$, pnor suipensi(ln\ or qonvictions for drivina 

whilc intericatcd- specding, or othcr oil'enses- 

- 

;hh rvdtdt. on q*ut to tk ilrb 

raEU FHrfrb nh& d Ffl Hk Cnrkr 

J*F CJ-s 

GM Blueillmry 

GM S'Blil€d 

tm,m 

Fel Yssr FdsriE 

YsE tu Rqr8r€d Rirk s* cl 

sll Si3 

87+ 3il 

7ffi 2i6 

1rn & 

ffi7 i4t 

f f i 7 e 

82-87 sl 

6987 fr 

H 7 S 

H7 t5 

7 f f i f i 

ro.6 

14,3 

i3.a 

5.8 

11.0 

1C 

7,1 

p.6 

@.1 

5.8 

8.9 

i.0 

18.7 

12,4 

1i.3 

10.2 

€.1 

5.7 

3,4 

3,4 

3,1 

l.s 

r7.7+l,g 

10.L14.2 

9.1-r4.o 

E,6i2.t 

3.Fi 1,8 

4.T 7,3 

4.7- 6.1 

e.F 3.9 

t.F 5.? 

d.7- 2.3

HOBEFTSOI{ 

Trt{ 

EGffi r+dltuct'BF l0a'6r+|dv.ffi 

Dittustion 

rr.c'sf 

"""' 

r!^rrrt 

409 

Thcrc and prcviouely publirhcd drtr lcave liftlc doubt 

$sr !el'icle stabllity ir rhi primarf faitor contrihrilin8 tQ rhe 

highcr fillnl rolktvei crashes in utilitv vchisler thail cnrs l hc 

r;ulr is consistcnt with well known principler ilf phvsics' 

I-hc nonroll{}vEr latal cffi5h riltc of ulility vchicle! whlch l5 

cuusEri by lactori dhcr lhrn tt{bility is slmilar l() lhat of 

crrr. \rme of the powcrful predictorr of tatil crathcs 

iinerattv-rural roarls.' lack of liShl.rr prior drivitrS 

iccord.'1 slcohol-ra age and 5lcndcr''-wcrc rclated lo slcbititv 

ratios tn sush s wuy ilr lo bc confflrdin8 fsctore' 

The onlr rirk factor rclitlcd tQ stability ir thc on-rosd./ 

ofi-rmd i'tctir Thc fEst that ttr{ leEE slsblE vehicles m$rc 

ofrcn roll over on the road is conristcnl wrth the hlfNlhcri{ 

that mnny morc of lhcm roll over bccaui+ of lhc leleral forcc 

oflurning dloile, or lErhaps cvcn (tcB$ionallv hy vcry slrQng 

srdc winris. rnthcr rhen SoinE ovct cmbsnkhenlt or ramplnS 

*hich i! much more hkclv lo hapF€n ofth' toad rsthcr than 

on il. 

'Ihc 

mssibilirv that some combinslion of risk faclors 

contrihutis to thJ conclation of rtability urd rcllovcr is 

cltrcmcly rcmotc. The lhctors most strqrn8ly prcdictivc of 

fata.l crasitcs gencrslly, $uch as a8e and Scndcr' src known to 

tAbLE Ftuldlw Rhh d Fffl MI|M CltrbOE+uFtrd 

uil[y v.htct.r MIE b ffi il]csr Rfi 

TN 4-frffi hlttr d Fdodffid iffi h |+ 

dFrffifffi!tffiHtY 

ffi 

kd,frr 

ftMdIH 

sFd h{

tip over in turt$. Nevcrthclc6s, thi static rtability is a stpng 

predictor that could be used kr ret $tflndf,rds for vehicles. 

I hc NiitioDiil Hi8hway'frilltic Srf(ly A(lministriition hag 

dcnicd Fetitiods kr ildrcss rhc rr' r7 

Frohlrm The ugency s 

m0rn JU5tlti{ation for its inacii(xr wr\ lh;r $tnti\r stnbilitv is a 

conlinuously riistrihutcqi vilniblc aild rhar k,.t',"'*. r *quircrl 

poinl would Lrc arhitrary. lr also said thrt it is 

proilihite(l hy hw l nlm bitnning a clajil rtl !ehiclcs whi,:h rrrsh 

f, stiindnfd !'.,(ruld do. lf slrqdards {oukl not br rst on 

coiltinuourly dirlrihulcd thclor\, howc!i'l, the.e woukl hc no 

$land{rdt t'or blood illco}x)l r:ilncqnrrntion nnd hcad i[iurv 

critrri:r. Sincc r {tlndard titr rulic shtriliry could hc mrii by 

sinlplv widcriilg lhc rlirtnncc bctwccn thc (-fnt.f of (he tirEs 

und/()r l{)wcrinE th{ cc0tcr ofEravity. such r srandaril would 

not bn0 il Ll{\} ol vrhiclcs IrLrrrhcrmorc, fllc utility !chicle 

wilh srilhility in lhc ran8c of thnt of pnrreflCcr cilr\ had n 

rollovcr rfitc sinrilnf k) pilssrilger crrr. 

A0othsr irruc i:; whcrhcr rhc vchiclcs 0ow in ure rhould 

be Jrsalied rnd rrrrdificd rr) rcducc rojjrvrr risk. Sr,rllEt 

diHmrtcr I rrcr would fcdilic thc height ol thc cenrer ofgrnvity 

on tht IliAlr-rirI: vchiclcs. It mily iilfo bc pos$ihie ro wcld 

sonrc wriqht rlong rhc rindcr$idcs ot the vehiLlcs ro mskc 

lhcnr morcslahlc Uiveiltheriril:und rhcfrct rh{lcachcohod 

of these rehicler will br: in usc aD nvern8e oi rnre rhsn l0 

ycels, il tistid! progrufn \ccms in(liqiltcd lo cvnluate the 

elltcr r)l \ush modillcalions on stability. 

ACKNOWLEDGHENI 

_ Thk FFcr k s rflhuil ilr i pk.!:hrrrn.r r. thc Sfficty of Aurcmdrivu 

tn8'nec[Auterndrrr'lndrArr] M..r'nE qi.r\rn8ron. m. Msr L ISB. 

REFEREHcES 

I tis ncw hrcx sslca by ll,c hy nDnrh. wilrd \ Antomorivi ycfftuk. 

410 

FATAL ROLLOVERS IN UTILITY VEHICLES 

ktroil. Ml: wlnt\ Communic$tions, lnc. lstl? cdirn,nr. 

:. sdy/er R(i, Msftlf TL, Ldd *M, Minrhm fli onjqd crsri 

l:lrykNr 

of uril{v vrhickr. Ann ^d,r: Univcrriy dl Mich,Eil 

Hishwsr Silirry Rcrenri:h Insrril*. IrS 

J. Hlrsrh IiA, llruwcr HX: Anxt!r; or rhr RutlrihrhiF bfrwc|n V.hictc 

Roloter Srr'h,lr] dnil Rulhrur R'\t I !ng thc NttTS4 CAkDik ALcr- 

{cnt Dsrsb!\r. w,'hrngtrn. IX: NstiDnrl Hirh{J. tr!U.J Iitir} Ad. 

mrnrerrnt0il.198?. 

4 Rcinfud fiw 1., LR, h'Frin rtl. () Ncitl g. Bu,chil,ln n , Wlil! J{: A 

Conrfr, irilil of rhc (:rrlh ErFcricn$ ol rjr,t,ry vrhilcr, Fi(LilF TilrLtr 

rnd l,r$fl,!Lr (:ilr\ ( hilnil Hiil. NC: rtni!e,rir! u| n,,nn i:rnltnr 

Hirhsrl Srtrr, Rc.errrh a.nr.r r,r8t. 

5 ftcinturr lrw. JrilI{,t( , ftrmi[nn EG A t!,rlrr Look rr Utitity Vchi{tc 

Rol[*eh rt.,rd Hil NC liil,.r,\rr cr Noilh( i"l,n, Lal".. S*ry 

xL\rrrrl ( cnt.r. ttSl 

6. Smill :R \nrly!i, df FaHt Rnttorrr AJUrdcnr\ In tjrrtiry vchktc5. 

wltilhrhu. 

_ 

lla_: \irinililr HilililJv rr!trlJ Sltilt AJminnfjilFn. lSi. 

7. RubLrrrfnl.S K.lhl 4B:Stilir{rhrtil, J,!prcdiJt,rilf,\.nrminht$l 

moL\ ,fhrclc Jr,\her , Trsuih lri{ r,il rrr. 

! NrItrurql lhdh$.r] T.rfr( sfilct! AJxilr,rqr.h,{ I rtnt ^cfthnr RcFdinE 

S!\rcnt Lrerr(iilnk Wnrhinfinil. Itt lHts.q. t9Hl. 

9. R I Fillk C!ilr'tily: N!'nrnnl !{hn: a Nnir[ilfuil rr{itu IEhl kuukr. 

l!lroil: R.l. Falk tlu.. 198: t985. 

10. Lrshr duly lnrt \rlcJ Afrrillotrvc Ncwr J!iluilry I l, tsSEi 51. 

ll. B!iJr :1. Shnr'rld RA 0 tsrrir B. t;urrr!phre rrir.,rirD, in sr,nslly 

lronl r'n.n rrhrsl! Lrr1!... N Fmt J ufd IrI-: 1t6.ttd4.It8l: 

Rohnn\, L5: Inj,ri.\: (n,,c.r 

Cnil,{i Sr,srrr,{, u,d ruil( Foticy. 

Lcxin*t0il. MA: Ix: ttflrh, lgE-t:57. 

ll Rohfn$r '.5. xlkcr sr! Pr[f vilsrion rcrd,d\ dt l{47 dr:vrR invatv.il 

In,sr!r ndilr vtrlich!:rr\h{r. A$idcilr Afilt tlu\ 1975:7:[1-t]H 

14. H0ddnn w J' hcltc\ ^tt w,,qcr J,rnonynrourtl,. lsd Atcorhilt ilnd 

HIFnsa\ 5illtrr Rapnn Fr\hrnttsn. R'. connilrrrrr on tstrhti( w\*\. 

US Huurc ill Rrprc,+itrtiv{r. t,ts{. 

15. tolrh,on I s: tlrri!,rn! nr tccns*rJ d,ilrr iFutvcn,rnr in hrilr moror 

vcnrclu rrilrhcr: iEFln:,rn1ne for poli(r chojcc,. j Hrutlh nilir Fnti(y Lnw 

16. NsIrilrl llishwry Trnfrr Ssfcrf Adili,inlritr,: tscdcht Msior vchict. 

Snliry rrilnilr'rl{i dcnlil of pcriltr,n kn ruruil,rkinsi vchij{ r\ilovcr 

'trhlilnrxl lirl RcE trlT:51 {l{l:Jt 4qttB. 

17. N.rnn,ll rlilhtrry lrshr Sllcry .cd,iltr,,il,ilri,n: Drnti otnrrd.vchictc 

dr,trr fcti[1n(. Fcd Rc* r988. 1-r:]4$6,1{h6-.

BY IiESSEiIGER 

4ll 

wr Lr{ E R. c urL-*:. "*1" * r*' r u 

:^ BFCFI yr,._, 

*^gHrrcrox. 

\- 

o. c. zoo!7-r4lo 

:-) 

....,"",.;".,..,.** llt,,) 

o 19ffi,i.:i",tillt' 

' Ltlj,., 

-.'c in ?ynt;,"j,1/SLnrrt; 

'atd5Stn^::'aND 

-"'u{lrtlvrp. .- 

.^.o' 

'6rtt!!r!zL! 

Aprir 6,1990 

Honorab.le Doug Barnard, Jr. 

Chai rnan of Lhe Comi ttee on 

Government Operalions 

Comerce. CdnBumer and I'tonetrty 

Affair6 Subcomnittee 

u,s. House of Representative8 

Roon 8-377, Rayburil office Buildlng - 

9lashington, D.C, ?05I5 

Re: Heiden Tegtinony 

Derr Congressnan Barnard: 

Shdrtly after the February 28 hearing, Dr. Ledn Rdbertson 

submitted a letter td ydu Hhich questioned certain aspects df 

Dr. Heiden's statistical presef,tation at the hearing. I wduld 

appreciate your including in the record the enclosed supplenental 

atatement of Dr. Heiden, which responds to the criticisms made in 

Dr. Robertaon's letter. 

On behalf of the industry, I thank you agaif, for the 

opportunity Lo testify at the hearing. 

EncloEure 

S I nce reIy, 

-.-'7 

-/r ,-'.J, l' ut'tt'^ J 

Ilpward P. willen6 

rEa 

:,-'l

4lz 

Supplemental Statenent of 

Dr, Edward Heiden 

fhe purpose of this supplemefltal statement is to respond 

to the major points raised by Dr. Leon Robertson in hig letter 

to Congressman Barnard of March 13, 1990 regarding the ATV 

risk analysi8 which I preBented at the ATv hearing chaired by 

Mf. Barnard on February 28, L990. Dr. Robertson,B letter 

eviateilces a misunderstanding of both the methodology and data 

used in my analysis, and erroneoualy characterizea that 

anelysis. f address below the four areas r"rhere, in one or 

more ways, Dr. Robertson queEtions my analysis: 

Comparative safety analysis 

Cost-benefit and cost-effectiveness analysis 

Rollover accident analysis 

NEISS data analysis 

comparative RIElt Analysis Issues 

Dr. Robertaon suggeats t ( I) firy corrrparetive gnaIyBiE 

with other products and activlties is inappropriate for 

assessing ATV-related risk; (2) estimates of risk should not 

be based on estimates of hours of use. and that in any event I 

used unreliabl6 sources to estimate hours of usei andl (3) that 

I inappropriately estimated hourE of use for ATVS by usiflg the

- 

: 

average annual number of 

each of the8e points, 

vigorourly disagree wlth 

113 

- 2 - 

hours driven by surveyed dlrlvera. 

Dr. Robertaon 1s ln €rrotr end 

his rtatements and conclualonB. 

' I. Dr. Robcrtson augge8t8 that cornpatinE AFv rlsks 

r{lth the risks associated with other ptoducts ancl activitie8 

1E not a uEeful erercise. I disagree. In lEolation and out 

of context, injury and risk numbers for 8 given product are 

not particularly meaningful, because there is no absolute 

Etandard for what iB 

On 

'safe* and what ig not. As ProfessorE 

Edmund Croueh and Richard wiIEon of Harvard University obseEve 

in their widely cited book, RiEk./Benefit Analvsis (Ballinger, 

1982, p. r65): 

The knowledge of riEk rnrgnitudes is of vety 

little use, however, unleaa they can be related 

to the magnitudes of everyday risks, for 

otherwise no sense is given of the importance 

of the risks and how much notice Ehould be 

taken of them. 

It 1s often especislly useful for policy makers 

consiCering potential regulatory action to be able to Place 

the risks associated r.rith a product in perspective. Are ATVE 

uniquely risky? The answer clearly is that they are not. 

Itlany activities and products that are -not helrrg Sunject- to 

s-imitrE+-- g;a'nEiiiy nave compa""Oi. o" greater risks, tE my 

anaIYEiE demonstrated. 

I 

.ff 

-ir 1 

:l:i .': 

._.__

4r4 

- 3 - 

2. It is entirely epproprlate to employ mea6ures of 

hours of, prodluct use in order to cE1cu1ate relative risk for 

Afvs and other produets. cPgC officials themselveE have 

recognized this generally and in the Bpecific conte:Et of 

ATlts. This approach iE conEistent with that of numerous othet 

professionalE in the risk assessment fiel(l (e.ct-, viscusi). 

titoreover, the best ancl most recent data available, based on 

Etanilard data collection and analysis procedures, $fere used to 

make such calculationa. fllustratlvely, two major sourcea 

were employed. The first, used to estimate ATV product us6, 

was a survey conducted Epecifically for CPSC by Market Facts, 

a nationally known opinion Burvey research and consulting 

firm, uslng a aample of over 600 ATv-owning households 

representing ovcr 1000 AT\I rider8. The Eecond, used to 

e8timate erpoBure to vatious spotts and recreation activities, 

rras a market research survey, based on standard scientifie 

samp16 s6lection and interview procedures, conducted by 

another natj.onally hnown aurvey reBearch firm, ReEeatch & 

Forecasts, Inc., on b6haLf of Mill6r Lite. It is the best 

Eource of data on this Eubject, and reporta average hour8 of 

activity/participation per day for E number of Burveyed 

activities, as brell as estimates of average number of days of 

p a r t i c i p s t i o n ' l ! _ - 1 H

415 

- { - 

3. It is entirely appropriate to estimate hours of use 

ln r risk assessment of AT\I rldling by taking the average 

number of hours driven by each sampled driver. In Euch a 

m6thod, dEiverg who drlve proportlonately ftote or' f,ewer hours 

than the average are accorded corr€spondingly greater or less 

weight ln thelr contribution to the average. This is 

appropriate for ssses$ing riBk, Eince it recognizes a 

fundamental ariom of risk aaaessment, i.e., that the greater 

the amount of drivinq, the greater is the €rposure to 

potential inJury, and likewise the lowef the amount of time 

driven, the IeaE the lnJury potential. Alternative methods 

for calculating the average amount of product use suggeBteal by 

Dr. Robertson are simply not consistent with this fundamental 

risk assessrnent principle. 

Further, even if (incorrectly ancl for the Eake of 

argument), we erclude the three cases of heavy riding that Dr, 

Robertson lndtcsteB gkew the estimate of av€rage ATV usage, 

Euch En €rcluBlon nould make no Bignlflcant difference in our 

findings about the comparative safety of AT\|E. If these tnree 

ceses were ercluded, the overall average amount of riding per 

year would decline only $Iightly (i-S*. ff,om I70 annual hours 

per driver to about 155 hours per year) and overall ATlf risk 

Itou1d change by less than 3 percent, This would make no 

j

416 

, - 5 - 

Elgnificant dlfferenee in comparlEon of ATvs wlth eny other 

ptoduct or actlvity considered in our testimeny. 

FinaIIy, Dr. RobertBon has mad6 a factual error ln 

tcsertlng thBt our Etucly u8ed an estinete of more than 20 

hours per month of use for ATvs. In fact, our Etudy uBed an 

Bverage of 14 hourB per month, the figure reported in the cPEc 

1985 ATII Broduct use survey conductedl by l{arket FactE. 

B. Cost-Benef It and CoEt-Effectiveness AnalysiE 

Dr. Robertson lndlcates that we heve not taken lnto 

account that ragulations Ehou1d be based on cost-benefit and 

cost-effectivenesF anaIyBeB. I do not dieagree thet 

tegulationB Ehou1d be baBed on cost-benefit and 

coBt-effectiveness analysea. Ho$rever, Buch analyses would not 

have been relevant to the Congressional hearing Eince there 

was no Epecific regulatory proposal on the table to which 

cost-benefit or coEt-effectiveness analysie could have been 

appLied. In any event, Dr. Robert$on iB in efror ln asaerting 

that'cost-benefit and cost-effectivenesg analyeis le never 

based on rates of inJury or diseaae.* Estimates of auch rates 

ancl the effectiveness of propoEed measures in reducing them 

are an integrEl part of any cost-benefit,/effectiveness 

analysie.

c. Rollover Iss]lleE 

Dr. Robertson atatea that 

41? 

- 5 - 

'the industry ignores the most 

relevant statistic about AT\I injuries. The majority of 

injuries occur when the vehicle unexpectedly rolIE over-r 

CPSC data and analysis indicate that this contenti.on le simply 

incorrect, Based on analyBia of a Btetistical Sslnple of 

ATv-relatedt injurles in th6 CPSC'E 1985 injury survey, 

considerably fewer then half (tpecifieally, Cl perc€nt) of 

accidents involved rollovers aa the primaty event. The 

percentage is higher if an overturn at any point In the 

acciitent s€guence is classified aa a rollover, However, 

countlng any overturn that occurred during the acc;dent 

Eequence doea not accurately reflect the cause of the 

accident. For example, an ATII that collides with a car and 

then overturnE Ehould not be clasEified eE a rollovet because 

the rollover iB only a secondary event causecl by the collision 

wlth the car, and would usually not be 'unenpected.* The 

prlmary hazardl pattern thould be bas€d upon the fiE8t event in 

the accident sequence, end thuE far l€as than 6 majofity of 

ATv-related injuries (4I percent) involved roIlov€rs, baBed on 

CPEC'B moBt rec€nt Ey8tomatic data. 

,, The plcture i8 no {lifferent for fetallty rollovers. For 

its latee! available quarterly uPdate of ATv-related 

. .:

- 7 - 

fatalities rnd injuriee, CP8C has elasstfled 36 percent of 

total fatalities as rollovete (where rollovers are the Frimary 

hazard event), again far less than a -majority,' 

FinalIy, Dr. Robertaon incorrectly infers fro$ the CPSC 

data that AT\l rollovers are the result of aome inherent 

ln8tablllty which ig the product of vehicle design. 

(ActuaIly, h6 groups many v6hicIeE, lnclucling two-wheeled 

vehicleBr ln thiB "lnstabllltyi category.) The ATv-retated 

accldent clata indicate that vehlcle rollover on ATVB can b6 

the result of numerous variablea, including operator 

behavior. we are aware of no published quantitative study 

which relates AflI rollov6r ratea to Btatic stability meaEureE, 

nor Hhlch demonEtrates th8t Â.Tg rolloverB are the product of 

defective of unstable design. 

D. 

UEe of NEISS Data 

Dr. RobertBon crltlclEeB my sllegeilly inconsistent 

treatment of CPSC NEI88 injury ilata. Specificalty, he 

criticizes me for pointing ln an earlier study to biases and 

imprecision in the NEISS date as a vray of challenging its 

evidence of upnard injury trends through 1986, and theil uBing 

!|EISS data for ]atef y6afs es a basis to shotr dotrnward lnjury 

trends.

419 

- 8 - 

There is nothing inconsiskent ln ny current and past use 

and treatment of NEISS AT1I data. The data are simPly somewhat 

better than they used to be, and, though problems remain with 

these data, they ure the only comprehensive product i-jury 

data that e:rist, and a different level of reliance on them is 

warranted now than was the case prior to 1985. 

ilEIEE data in general are subject to Eubstantial biasee 

and lack of reliability, and have been for many ye8ra. cPsc 

epiilemiology staff, independent consultantE, and otherB have 

all recognized these problems. Ifl fact, CPSC is currently 

spending significant resources to update end improve the 

general NEISS Byatern. These problema were particularly 

appricable to NEISS ATv ilata prior to the lrear 1985. For this 

pre-I985 period, when injury rate8 were reportod to be rising 

significantly, the data were characterized by significant 

imprecision (sampling error rates averaging 40 to 50 percent), 

numerouB cocling ancl product claesification error8, and oth6r 

seriouB problema. CPSC staff not only admitted the weakneasea 

in these 6arlier ATV dlata, but undertook significant measures 

to correct them at the time of rulemaking development. For 

er(ample, they lnstltuted new ATV dlata collection and pEddluct 

cocling guldelines that took eff€ct fully in late 1985. While 

prob1elfiE remained, thece measuEes, confined to AFll data, 

Eignificantly lmproved the reliability and Eccuracy of

4Zr 

SIJMMARLI.JFDATE ON 

INJTJRIES AND FATAI.ITIES ERAM ALLTERRAIN VEHICI-ES (ATVs) 

During the rnid-8ffs, the popularity of 3-wheeled and 4-wheeled ATVs soared, showing 

{r_ole_than a twenry-fold increase (2000Vo) in unirs in use according to both industry and 

CPSC estimates: 

Year: 1980 1981 1982 1983 1984 1985 1986 

Shipmcnts: 136,000 197,000 306,000 484,000 650,000 594,000 447,000 

ATVs in usc in lg88 approximated 2.5 millio4 with almost 7 million estimated users. This 

was a_ sizable jump cvcn from the 1.7 million units in use at the end of 1984. The figure 

grew by about 30% in 1985; by about l0% in 1986. 3-wheel ATVs rcprescnred almosi the 

entire market through 1982. In 1983, 4-wheel ATVs still comprised only about ll% of 

sales, rising to 28% in $&a, 6lVo in 1985, 807a in 1986, and gij/o in 1987, Baserl on reports 

from the four major manufacturers - Honda, Yamah4 Suzuki and Kawasaki - two of ihem 

did not producc any 3-wheelers for 1987; for 1988, none wcrc produced, although dcalcr 

inventories reponedly included some 30-40,000 3-wheelers at the end of 1987. More rhan 

one-half of ATVs currenrly in use a.e 3-wheeled. Retail price of an ATV ranges fronr $600 

to $3,500, averaging $2,500. 

According to the CPSC, during an ATVs average lifespan of seved years, there is a oncin-three 

chance that the ATV will carry its rider to seriow injury or death. 

INJURIES; With the steep rise in sales, injuries serious enough to be treated in hospital 

emergency rooms surged. Incidents in 1985 increased by one-third over 1984; by 3 times 

over 1983; ard by 10 times over 1982. For 1986, such injuries totaled 86,400 - abour the 

sarnc as the '85 level. For 1987, another estimatetl 77,400 ATV-rclated iniuries were 

treated in hospital emergencl rooms. Over the liist six years, more than 400i)00 serious 

injuries were associated with ATVs: 

CPSC Est. of ATV Injuries Treated in Hospital Emergency Rooms 

Year: 1981 1982 1983 1984 1985 1986 1987 1988 

Injuries: 6,000 8,600 26,900 63,900 85,900 86,400 77,400 62,tt00 

CPSC attributffi the 1987 and 1988 drops in estimated injurics to (1) the agreemenr to srop 

the sale of thrce-wheelc

ATV UPDATE 

Year: tg8z 

Deaths: 29 

California l04Minnesota 

New York 9L Florida 

Michigan 79 Mississippi 

Pennsylvania 70 Missouri- 

Texas 68 louisiane 

Wisconsin 57 Alaska 

Tennessec 47 Alabama 

Arkansas 47 N. Carolina 

Ohio 45 Kentucky 

422 

l9fl7' lgEE' 1989" 

2# ?4t 92 

Page 2 

- 26Vo of the ATVs landed on the injured person; 

- 

llVg ot the injured persons were under 12 years old; 46Zo under 16 years; 

- 56Vo of the drivers wore no protective equipmenl; 44Vo worc some ;quiDment; 

_ lghltr 

(37%), gloves (l3Vo), heavy booG (10%), goggles (Bqo); 

- 547o of the drivers had at least one viar's emerience] i4y, nia tlis ttran one 

motrth's experietrce. 

DEATTIS: cPSC has doarmcltcdrepos oI $ least 1418 ATV-relatcd deaths occurring 

in the 7 years; more than 1300 of those fatalities occlrrred 

in just the past 5 vears: 

19&3 1984 1985 1986 

85 156 250 301 

The fatality toll is incomplete for 1981, 1988 and especially 1989. For these Deriods. dearfi 

certificate$ from the states will continue to come to-cpsc;s attention througfiout lggg. of 

all loown fatalities, 580 victims (4lvo) werc under age 16, and 262 victiils (19%) were 

under 12. 

3-wheel ATy's were involved in 68% of the l41B deattu rcponed to date; 4-wheelers, sQvo; 

for 2Va oE thc fatalities, the type of ATV was unl

428 

ATV UPDATE Page 3 

REGUI-ATORY STATUST On December 1| 1986, by unanimous vote. the CPSC 

determined that ATVs presented an "imminent hazard" under Sec-tion 12 of the Consumer 

Product Safety Act (CPSA), and by a vote of 2'I determined that rhe seriousness of the 

hazard warranted: a rcfund proglarn (recall) fcr all 3,whcel ATVs; a refund program 

(recall) for 4-wheel ATVs used by children under 16 years of age; extensivc notice of the 

risk and warnings by manufacturers to pilsl, present, and prospective ATV owrers and 

users; and free training furnished by the industry to past and prospective purchasers and/or 

users in the pruchaserrs inmediatc family. In early February 1987, pursuant to the CPSA' 

the Commission sought representation from the U.S. Department of Justice (DOJ) in 

bringrng a civil ssrnplaiat in Federal District Court to enforce its decision. 

$cveral months prior to the CPSC'S enforcement Oecisioq-in July 1986 the Commjttee on 

Covernment Operations of the U.S. House of Representatives, reporting on its ATV inquily 

(House Repon 99-tt78 99th Cong., 2d Sess.), concluded that 3-wheel ATVs present both "an 

unreasonablc and imminent risk of death and serious iujury requiring immediate 

enforcement action by the CP$C," including a recall of all 3-wheeled ATVs and a bafl on 

future production. On October 2. 1987 in a supplemental report (Ilouse Rep.rrt 100-335, 

l00th Cong., lst Sess.), the Cornmittee reiteraterl its concerns about the hirzards associated 

with 3-wheel ATVs; cited the "unconscionable 

delay" hy the DOJ in filing the enforcement 

action under Section 12 of tbe CPSA as voted by the CPSC; and urged irnrflediate acrion 

by DOJ in view cf the escalating number of AfV deaths and injuries during thar delay. 

On December 30, 1987, the DOJ and CPSC jointiy announced a negotiated settlement with 

the ATV industry which included a program of warnings, information about the risks, 

hands-on-trainin& and a halt in funher sales of 3-wheelers still in dealer inventories. 

Notably absent was any recall or repurchase of the 1.5 million 3-wheeled ATVs in use, or 

for 4-wheeled ATVs purchased for children under 16. This agreement was filed as a 

preliminary cons€nt order in Federal District Court in D.C., along with a stroflgly-worded 

Z?-page DOJ complaint identifying ATVs as an "iftminent and unreasonahle risk of death 

and scvere personal injury." A hearing on the adequacy of final consent demee was held 

on April 18, 1988 before Judge Gerhard Gesell. With some modificatiors, on April 27, 

f988 he approved the decree. 

' Incomplete: CPSC estimates 351 deaths in 1986;282 deathi in 1987; 

and 299 dcaths in 1988. 

" Very Incomplete: through 9/21/89 only. 

Source: Consumer Product Safety Comrnisslon 

12/20/89 

f, 

'iI 

r 4

Honorable Doug Barnard, Jr. 

Chaiman 

Coffierce, Consrmer and llonetary 

Attairs Subqomit-t-ee 

Rayburn House Office Building 

fiwtrl E-J t , 

I{aEhingt,on, DC 20515 

Dear !lr, Charrun: 

424 

ffiftn 

nlefitageGFoundatfrng 

A m.Extntr publlE Fltry ffiEh iroiirF 

April 5,1990 

I recently had the opportunity td read the verbatlfr tran8criPt of the 

heartng you chairetl on All-Terrain vehicle Safety on Vfedneaday, F€bruarY ?8, 

1990 for the Subcomittoe on Comerce. CdIrEWer and llonetary Affairs. The 

purpose of this lettor is to expree6 mY strong ohjection to your false 

characterization during [he ]tearing of our rel8tionship during my tam as 

Chaiman of the CdnBufref tlro(l\lct- Saf ety Comission. 

At page 105 of the transcript You statB: 

Chaiman -- and Hs. Grahan renenbers this -- 

"You 

knou, ile had to bring 

we had to bring him screillng 

the 

to a 

hearing to even want to adilretsB this problem,rr Since my predecessor was a 

woman, yNr reference waE unquestiona.bly to ne. 

During my tirs as chailmn df the CPSC, you hel dl hearings on the AfV 

gafety issrre on two occasions. once in 1985 and once again in lgaa. on both 

occaai.ons. T was a willing participant in those hearings. T resPonded to your 

lnvttation$ tc) t-est-ifv cooFeratively. Though I allpropriately expressed my 

concern rEqarding Fotential IeEkE df (:onfidentisI enforcempnt-rolated infolmtion 

as a result of your hearinca j.n 1988, which occllrred while our enforcemant 

Bction sas pending in Judge GeEeII'6 eourt-, I nonethelEss prcvidod all 

infomation you requested and participated in the heuing as fully ae you would 

aIlow. 

tdwln J, Fculnfl, Jr., FciiAr 

Hflbcrr B, kkuelu, ViLt tu'tut 

P{Er E, S. Pdvtr, ViLt PBilmt 

Drvld R. &own, M.D. 

EdwinJ. liculnct, Jr, 

JffiFh Rlcy6 

Phillip N. lirhrck, Exwriq vtoc ffeJiddr 

M. D. E, (hrlislc, vilT I'rerb( 

Tmcff. S({nlon, virr ftsidsr a'"1 lrdrs 

hrrd df TruilRr 

Hutr. SLclby Cullon, Duvis, Cldirrun 

Rohrt H . Krlehle, Ph.D., Vnri ahfmn 

J. Frtdrrlc Rcnch, lkrary 

I.cwir F. L+hrmsn 

-=. J. willish Midd.ndorf, u 

214 Massachuscnr Avcnue, N.E. r tWrnhingtan, D-C. ?0002 | (202) 546'4,100 

Eurk'n YrlE FinH, Sîtr Uift Prsidad 

Chrrler L. Hcethcrly, Vle fhrida* 

krnrrd l..omis, r-i4Mb 

nEn* A. Re 

Richrrd M. *rift 

Hm, Frunl Shrleprc 

Hn. WilliFm E. Simon

425 

Honora,ble fbug Barnard, Jr. April 5, 1990 

Over the course of my Chrlrun6hlp. I worked cloeoly with you and your 

staff , The comente I made conirending your Su-bcomitte€ staf f in my fomal 

te8tlrcny of tlay 21, 1985 were genuine, and I must Foint out that although I 

had sffie cohcerns during the litigation process in 1988. your Comi.t-t-ee never 

uEed or needed Lo use a su-btrsena to obtain infomation from me. And T believe 

I vae always forthcoming in e)q)re66ing my vieH6 on the ATV Eafety issue to you, 

I m diEturbed, therefors. that you Etated on February 28. 1990 that 

had to brinq him screming **o 

a hearingr'to 

firddresa 

thtr groblem." First. 

rrws 

your characterizat-ion is untrue. I EJHayE cmperated slth the Comittee. 

Secondly. r djd addrsss t-he problu. The truth 18 that you and I sirnpiy 

disaqree on the manner in Hhich the CPSC dealt Hith A?VE. Simply statEd, ye 

wanted to re-ca)I AWa and I felt the evirlence (i,e,. our 12,U00 FaqE ad- 

ninistrative in+liry) 

opinion. hoHever, is 

dliln't Buplbrt Euch an outcome. 

no excuse for you to assert that 

Our honcst ditt'erence 

I didn't "addre66 

the 

of 

problem," And you never brought me to a hearing ngninst my will. 

In factr f requeated a meeting with you in 1988 prior to a hearlng to 

dl8cugs 

"the Eroblefr" and exchanqe viewe. 

Hy General Counnel at the time has a epeclflc rrcollsction of that 

I 

meetj.ng, and the cordial receFtion you qavB us. He and I also recall your 

order nuz?ling hln at Lhe Eu.bcequent 1988 hearing, I find it ironic that you 

auggest that I did not want t-o "it(ftlreBs 

the Freblefr" uhen you woulcl not evBn 

hear from thl'Comission statf menber who actually Horked for me on "the 

problem.'r It is especially ironic that durtng the Hay. 1985 and February. 1990 

hearings on ATVS you did atloH teBtlfrny frdm the CPSC'g General Counsels. 

Statistics show that serious injuries a6sociated utth ATVS are drmtical- 

Iy down in the aft-ennath of the Con8ent Decree, Deaths associated wj-th ATvs, 

while not goino down as fast aa Berlou6 injuried. have leveled-out and Fer ATv 

in cxistenc€ they nre definitety Lrend-ing downward, I il Froud of this 

outcome. and f.ully ekpect the irrjury and dcath statiEtics to faII to even loHer 

levels a6 the safety measures in the consent Decree take hold. You and I 

clisagree on various approaches to ATV safety, but the posj,tive reeulte of tho 

Consent Decree I supported are real and deEerve 6ome credit. Thouqh I clon't 

erq)ect you to enbrace my views on thiE subject. even given Lhe enpirical 

evidence, I clo believe it is unfair for you to trlscharacterize my willinqness 

to respond to your many requests for information and to appear as a witness 

bef ore your comittee. 

I thorefore request that yoqr lErsonal references to ne during Lh6 surB6 

of the hearino bc stricken from the record. 

Ts/bH 

sincert 

.p 

{4t'''**\.^L 

T{.t"."" scanlon 

Vice President and Treasursr 

r^\ 

V

APPENDIXES

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