All-Terrain Vehicle Safety

1. Stephanie A. Russell, J.D. Safe Kids Worldwide North Dakota Conference on Injury Prevention & Control October 29, 2008 All-Terrain Vehicle Safety

2. All-Terrain Vehicles • CPSC Definition: An off-road, motorized vehicle having three or four low pressure tires, a straddle seat and handlebars.

3. All-Terrain Vehicles • Adult Models • Intended for persons 16 and older • Engines larger than 90 cubic centimeters (cc) • Weigh hundreds of pounds • Can go over 70 mph

4. All-Terrain Vehicles • Y-12 Models • Intended for children 12 to 15 • Engine sizes between 70 cc and 90 cc • Can weigh hundreds of pounds • Can travel up to 30 mph, but equipped with device to limit speed to 15 mph

5. All-Terrain Vehicles • Y-6 Models • Intended for children 6 to 11 • Engine size cannot be greater than 70 cc • Can travel up to 15 mph, but equipped with device to limit speed to 10 mph

6. All-Terrain Vehicles • Sales of ATV’s increased over 280% from 1994 to 2005 • Approximately 921,000 units sold in U.S. in 2005 • In 2005, there were approximately 6.9 million ATVs in use in the United States • 75% of ATV owners report that they ride as a “family recreational activity”

7. The Scope of the Problem Total ATV Fatalities Reported & Estimated 2007 – 542 – xxx 2006 – 750 – 882 2005 – 804 – 948 2004 – 760 – 869 2003 – 655 – 767 North Dakota had 21 reported deaths 2005-2007 • * includes newly released data (Oct. 15, 2008) • * reporting ongoing for 2005-2007

8. The Scope of the Problem Under Age 16 Fatalities Reported 2007 – 107 – 20% of total 2006 – 139 – 19% of total 2005 – 162 – 20% of total 2004 – 183 – 24% of total 2003 – 155 – 24% of total Under Age 12 Fatalities Reported 2007 – 51 – 9% of total 2006 – 62 – 8% of total 2005 – 77 – 10% of total 2004 – 69 – 9% of total 2003 – 69 – 11% of total • * includes newly released data (Oct. 15, 2008) • * reporting ongoing for 2005-2007

9. The Scope of the Problem Total Injuries Estimated 2007 – 150,900 2006 – 146,600 2005 – 136,700 2004 – 136,100 2003 – 125,500 Under Age 16 Injuries Estimated 2007 – 40,000 – 27% 2006 – 39,300 – 27% 2005 – 40,400 – 30% 2004 – 44,700 – 33% 2003 – 38,600 – 31%

10. The Scope of the Problem “ A preliminary review of news reports shows at least 24 deaths from 09/02/2008 to 09/15/2008. Of these, five were youths under 16.” - ATVSafety.gov

11. The Scope of the Problem • Some recent news reports: • June 24th 9-year-old in Chattanooga, TN • Child crashed his ATV into an SUV on a local road • July 15th 9-year-old in Manvel, ND • While attempting to cross a road, boy collided with a pickup truck pulling a trailer • Sept 23rd 8-year-old in Saratoga Springs, NY • Boy was riding a 500cc four-wheeler unsupervised and without a helmet • Criminal charges were filed in this case • Sept 27th 12-year-old in Ross County, OH • ATV overturned while riding in field behind grandmother’s house

12. Mechanics of Injury and Death • Loss of control and falling from the vehicle • Collision with stationary or moving objects • Rollovers • Burns

13. Positions on Age Restrictions • Safe Kids: “Safe Kids Worldwide recommends that children under the age of 16 never operate all-terrain vehicles of any size, including youth-sized ATVs” • American Academy of Pediatrics: “Laws should prohibit the use of ATVs, on- or off-road, by children and adolescents younger than 16 years.” • CPSC: “Children under 16 years old lack the developmental skills to safely drive adult ATVs.” “Children under 6 should never be on an ATV – either as a driver or passenger.” • All based on children’s limited cognitive and physical abilities

14. Positions The American Academy of Orthopaedic Surgeons: “The minimum age for operating an ATV on or off the road should be at least 16 years old.”

15. Positions Voluntary Standard: Warning labels on vehicles reflect age recommendations (Y6, Y12, Adult) SVIA: “The ATV industry promotes model state legislation that restricts the use of adult-size ATVs to person aged 16 and older. ATV warning labels clearly demonstrate these restrictions and new ATV purchasers are required to sign a statement indicating that they have read and understood these vehicle age restrictions…”

16. Safety Tips • Never ride on public roads or paved surfaces • ATVs are difficult to control on paved roads • Collisions with cars and other vehicles can lead to death • Ride only on designated trails • Avoid riding between sundown and sunrise

17. Safety Tips • Take a safety training course that includes hands-on training • drivers with formal, hands-on ATV training have a lower injury risk than drivers with no formal training

18. Safety Tips • Do not carry passenger on single-seat ATVs; passengers can make it difficult for drivers to control the ATV • Wear safety equipment, including a properly-sized motorcycle or other motorized sport helmet, long-sleeved shirt, long pants, goggles, gloves, and over-the-ankle boots

19. Safety Tips • Ride the appropriate ATV for your age • Children under 16 on adult ATVs are twice as likely to be injured as those riding youth ATVs. Most deaths and injuries to children have occurred when a child was on an adult ATV. • Adult supervision for riders under 16 • Throttle limiters on all youth-sized ATVs

20. CPSC Recalls “The speed controller on the recalled ATVs could fail to return to the idle position when the throttle lever is released, or the speed controller could fail to be at idle on start up. This could result in loss of vehicle control, which could result in serious injury or death to the rider.” www.atvsafety.gov/atvrecalls.html

21. CPSC Recalls Sign-up to receive CPSC recall alerts: www.cpsc.gov/cpsclist.aspx Choose “outdoor” products list

22. North Dakota Law Pros • Requires persons under the age of 18 to wear helmets (operators or riders) • Prohibits carrying passenger, unless equipped to do so • Includes vehicle safety training class requirement for 12-14 (16) olds (must be 14 to get driver’s permit in ND)

23. North Dakota Law • Cons • Allows children who are at least 12 to operate ATVs, if they have taken an approved safety training course and possess a vehicle safety certificate (between ages 12 and 16, either a safety certificate or driver’s license or permit is required) • Allows use of ATVs on paved highways up to 55 mph, even for children under age 16, with certificate or license • Even without a safety certificate or driver’s license, children under the age of 16 may operate ATVs on their parents’ property or as part of an organized sporting event

24. Overview of State Laws • 31 states have some helmet requirement • usually age-based • 20 states have some safety education requirement • 6 states have a minimum age requirement for operators • total bans below certain age • 23 states have some age restrictions • education class or parental supervision required for persons under a certain age; restrictions on type of ATV; restrictions on public land, etc.

25. Federal Regulation • ATV safety has been regulated voluntarily by major ATV manufacturers who agreed to “consent decrees” in 1988 and to “voluntary action plans” in 1998 • Action plans: • No three-wheeled ATVs • Engine size restrictions on youth ATVs • Provision of driver training programs BUT… • CPSC compliance testing has shown numerous instances of noncompliance with voluntary standards

26. Consumer Product Safety Improvement Act • Makes the “American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements” developed by the Specialty Vehicle Institute of America a mandatory consumer product safety standard • The SVIA is a trade association, made up of ATV manufacturers • The rule will go into effect in approximately April 2009, at which time it will be illegal to import or distribute vehicles that are not compliant with the standard or lack ATV “action plans” • Prohibits the import or distribution of 3-wheeled ATVs until CPSC issues a consumer product safety standard for such vehicles • Requires final rule in proceeding entitled “Standards for All Terrain Vehicles and Ban of Three-wheeled All Terrain Vehicles” (ANPR published in 2005, NPR published in August 2006)

27. Consumer Product Safety Improvement Act • In practical effect, law will: • Ban 3-wheeled ATVs • those already in marketplace in or in use are not effected • Create 4 categories of youth ATVs: Y-6, Y-10, Y-12, and Y-14 (“transitional”) based on maximum speed, not engine size; must include speed limiting devices • Require labeling, safety information in owner’s manual, and hang tags, which are now voluntary • Warning labels: age recommendation, no passengers, etc. • Hang tags: age recommendation, training available, safety messages

28. Consumer Product Safety Improvement Act • In practical effect, law will: • Require that manufacturers ensure dealer compliance with age recommendations through “dealer monitoring,” including on-site inspections • Require that free hands-on training be provided to first-time purchasers and their immediate family members • Require provision of safety video to each purchaser • Require toll-free hotline for safety and training information • Require public information campaign advising against children under 16 riding adult ATVs • Impose limitations on advertising (i.e. all riders in ads must be wearing helmets and protective gear)

29. Resources • Safe Kids Worldwide • www.safekids.org • American Academy of Pediatrics • www.aap.org • Consumer Product Safety Commission • ATVSafety.gov • Concerned Families for ATV Safety • www.atvsafetynet.org