Federal Chamber Of Automotive Industries

1. Federal Chamber Of Automotive Industries Safe Work Australia ATV Engineering Controls Meeting October 19

2. The guiding principle of safety interventions:First do no harm

3. FCAI Represents the majority of ATV importers • Cameron Cuthill - Motorcycle Manager FCAI • Robert Toscano - Director Honda MPE From the Specialty Vehicle Institute Of America • Paul Vitrano - Executive Vice President From Dynamic Research Inc. • John Zellner - Director

4. FCAI • We remain concerned about the number of ATV fatalities and injuries • Companies have strong safety credentials and a history of involvement • Our products continue to evolve and improve • Proven administrative controls are being overlooked or specifically excluded from discussion in favour of unproven engineering options which may add further risk to riders

5. ROPS / CPDs • We build other vehicles with ROPS • Our only reason for opposing ROPS on ATVs is rider safety • There is NO evidence from any tests with an appropriate injury monitoring crash dummy that suggests the injury risks are less than the injury benefits with CPD fitment. The contrary is true

6. ROPS / CPDs • It is unacceptable for any accessory product, without evidence of efficacy, to be installed on a vehicle not designed for it and assumed to be a “safety" enhancement • Physical and simulation research shows ROPS/CPDs will result in a net increase in injuries and fatalities on ATVs

7. Review of Design and Engineering Controls Paul C. Vitrano Executive Vice President Specialty Vehicle Institute of America October 19, 2012

8. Preventing RollOver • Lateral Stability Specification – CPSC twice studied and found no correlation between lateral stability measures and roll over; rider-activity; mobility/utility • Active Stability Controls – not technologically feasible; SUVs are able to disable in off-highway conditions to improve traction and braking • Passive Stability Control Systems – slow to react resulting in inaccurate measures in dynamic off-highway environment • Fundamentally Change Vehicle Geometry (increase track width/wheel base; lower center of gravity) – will reduce unique mobility/utility of ATVs; alternatives already exist

9. Preventing Children from Operating Adult Vehicles • Control Access to the Key – if owners keep keys away from children, they will not be able to operate • “Child-Proof” Ignition Safety Locks – concerns over feasibility, effectiveness and potential hazards

10. Preventing Passengers • Reducing Seat Size • Larger seats are necessary to enable rider-activity required to safety operate the vehicle • Although larger than motorcycle seats, generally not large enough to carry passengers • No correlation between seat length and incidence of passengers

11. Roll Over Protection • CPSC and others repeatedly have concluded that ROPS/CPDs are inappropriate for ATVs • Benefits of ROPS/CPDs have not been scientifically proven • ROPS/CPDs likely would cause many unintended consequences, including new safety risks • ROPS are appropriate for alternative side-by-side vehicles

12. CPSC Conclusions Against ROPS 1991 Federal Register Notice • “The rider . . . must be able to move forward and back and side to side[.]” • “Thus, the restraint would have to allow for such movement, and the roll cage would have to extend far enough outward and upward to prevent the loosely-restrained operator from contacting the ground[.]” • “The resulting roll cage would likely greatly extend the width and height of the ATV. . . . [T]his increased size might significantly adversely affect ATV utility and may increase the likelihood of collision[.]” • “[P]resently-available data do not allow an estimate of how many riders would use the restraint system.” • “[P]resently-available data do no allow an estimate of how many injures could be prevented by roll cages[.]” • “[O]r how many injuries might be caused by new hazards introduced by these devices.” “There is no support for a conclusion that the benefits of such devices bear a reasonable relationship to their cost.” * 56 Fed. Reg. 47,166, 47,172 (Sept. 18, 1991).

13. Others Have Raised Concerns About ROPS/CPDs • Rechnitzer (Monash) (2003) • “Simply put, the two types of protective structures modeled [U-bar and T-bar] are totally inappropriate and do not form an effective Rollover Protective System for ATVs irrespective of whether restraints would have been fitted or not. The report [Van Auken (1996)] and analyses conducted convincingly demonstrate that a poorly designed Rollover Protection System is probably worse than not having a ROPS.” • Zellner (2012b) • [With a helmeted operator,] “[t]he Quadbar would cause approximately as many injuries and fatalities as it would prevent.” • [With an unhelmeted operator, the device] “would cause statistically significantly more injuries and fatalities than [it] would prevent.” • Grzebieta (2007) • “[T]he Quadbar appears to be an increased risk in frontal rollovers as the Quad-bar may come into contact with the rider when the full weight of the ATV is behind it.”

14. Van Ee (2012) Quadbar CPD results in direct contact with a previously uninjured rider.

15. Benefits of ROPS/CPDs Have Not Been Scientifically Demonstrated • No comprehensive, scientifically based, peer reviewed research supporting net benefits of ROPS/CPDs • No evidence that ROPS/CPDs will prevent more injuries than they will cause to such a degree as to warrant their addition (risk/benefit)

16. Unintended Consequences/Risks Van Ee (Design Research Engineering) (2012) • Impede ability to dismount to the rear • Create additional hazard during crash • Impact with rider’s body parts, including head and torso • Alters and makes unpredictable/different path of ATV during roll and/or potentially more violent roll • May reduce rider’s ability to avoid ATV • May cause contact between ATV and rider where it would not otherwise occur • May increase impacts and/or forces between rider and ATV and/or ground

17. Unintended Consequences/Risks Other concerns • Alters center-of-gravity, reduces stability • Potentially impedes ability to remove ATV from top of rider • Potentially interacts with vegetation and other terrain features • Compromises rider-activity (belted ROPS)

18. ROPS Are Appropriate for Alternative Side-by-Side Vehicles • Many SVIA members and others already manufacture other side-by-side vehicles with comparable performance that have ROPS which have low risk in comparison to their benefits when properly used • These vehicles provide an alternative for users who prefer non-rider-active models with ROPS

19. Comprehensive Approach to ATV Safety • Robust voluntary standard (now mandatory) for design, configuration and performance of ATVs (e.g. footwell design), reviewed at least every five years to facilitate its evolution • But resist the calls to impose design restrictive engineering controls under the unproven assumption that they will improve safety – first do no harm • Legislation to mandate recommended behaviors and education to reinforce • Wear a helmet • No children on adult ATVs • No passengers (on single rider ATVs)/overloading • Take hands-on training