The Safety Information and Guidance Provided to Parents by All-Terrain Vehicle

Dealers and Sales Representatives

Charles Jennissen, MDDepartment of Emergency MedicineUniversity of Iowa Carver College of MedicineIowa City, Iowa, United States

Background

833 ATV-related deaths in the U.S. in 2006.

Since 1982, children under 16 years have comprised 25% of all ATV crash fatalities.

• More children die each year in the U.S. from ATVs than from bicycle crashes.

US Consumer Product Safety Commission

Background• More children <16 years in the U.S. die from

ATVs each year than from bicycle crashes.

Helmkamp JC, Aitken ME, Lawrence BA. ATV and bicycle deaths and associated costs in the United States, 2000-2005. Public Health Rep. 2009;124(3):409-418.

U.S. Consumer Product Safety Commission

• Through the 10 year Consent Decrees and then voluntary Action Plans, the CPSC has been diligent in trying to get manufacturers and their dealerships to work actively in discouraging the use of adult-sized ATVs by children <16 years of age.

(CPSC)

Children are riding adult-sized ATVs.

Age Recommendations

<66-11

12-15

No ATV70 cc or less90 cc or less

Consumer Product Safety Improvement Act (CPSIA)

• In effect since April 2009

• Unlawful to import or distribute in the US a new ATV unless it is subject to an “Action Plan.”

• Prescribe steps ATV distributors must take to ensure safety

– Rider training– Distribution of safety information– Appropriate age recommendation.

• The company shall not recommend, market, or sell new adult-sized ATVs for the use of persons less than 16 years old

Consumer Product Safety Improvement Act (CPSIA)

• Use vehicle maximum and restricted speed limitations for determining the age appropriateness of ATVs

• Rather than engine size.

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Consumer Product Safety Improvement Act (CPSIA)

Category Age Range Maximum Speed

(Restricted)

Maximum Speed

(Unrestricted)

Y-6+ Age 6 or older 10mph/16kph or Less 15mph/24kph

Y-12+ Age 12 or older 15mph/24kph or Less 30mph/48kph

Consumer Product Safety Improvement Act (CPSIA)

Dealer Monitoring•Use their “best efforts” to obtain dealer compliance with the action plans, especially the age recommendation requirements.

– On-site inspections – Conducted by independent, undercover investigators

•Must take corrective action against non-complying dealers.

“Secret Buyer” Study

GoalDetermine the practices of ATV dealers and sales

representatives with regards to promoting safe ATV use.

“Secret Buyer” Study

Project developed out of our local Safe Kids Coalition’s ATV Safety Task Force

Received IRB approval from Mercy Hospital Iowa City, lead organization for the local Safe Kids Coalition

“Secret Buyer” Study

Method Investigator posed as a

customer interested in buying an adult-sized ATV for a 12 year old son.

Convenience sampling of 50 ATV dealerships from four U.S. states (Iowa, Illinois, Minnesota, and Wisconsin).

Used a script containing specific prompts

Right Size Machine

*Previous manufacturer’s recommendation was children 12-15 years of age not drive ATV>90 cc.*Now recommend ATVs have a maximum restricted speed of 15mph/24kph or less, maximum speed of 30mph/48kph.

• “I would like to buy an ATV for my 12 year old son…”

• “That machine would be awesome for him… he he would just love it!”

but occasionally…

Right Size Machine

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• The owner or manager would suddenly appear and take over the customer service!

Right Size Machine

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• Sometimes, a little coaxing was needed…

Right Size Machine

I would really like to use it to plow our long driveway too…

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Do you have any used ATVs…

• “I would like to buy an ATV for my 12 year old son…”

• The “Raised Eyebrow”

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Right Size Machine

• On several occasions the owner was convinced I was from the CPSC or was an ATV manufacturer representative.

• One had been given a fine by the manufacturer he represented, and the other had received a letter from the CPSC which he showed me.

• I was able to gain the confidence of both of them and they proceeded to show me adult-sized machines.

Right Size Machine

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No Rider Policy

*Warning labels on traditional ATVs that passengers should not be allowed.*Iowa law prohibits passengers on both public and private land.

Recommended Training

*Iowa, Wisconsin, and Minnesota law all require youth to have a training certificate to operate ATVs on public lands.

Safety Gear

• Hypothesis: Dealerships with larger selections of gear in stock, would be more likely to suggest buying safety equipment like helmets.

• Results: No sales representative mentioned purchasing helmets or other gear.

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Safety Posters

• Most dealerships had many posters; almost all from ATV manufacturers– All of them had riders wearing helmets

and no extra riders

– No specific safety messages

• Only two dealerships were noted to display safety posters – State ATV Regulations

– ATV Task Force Poster

ATV dealerships could be important partners in promoting safe ATV use; but, dealers and sales representatives are in the business of selling ATVs.

It may be unrealistic to expect them to fully discuss the dangers and safety requirements of their product.

Many ATV dealers and sales representatives are not following CPSIA requirements regarding age recommendation.

Those that did in the study often voiced concerns about possible negative repercussions from violations.

Dealership compliance with the regulations may continue to increase with on-going enforcement.

Conclusions

Conclusions

This practice would limit the impact of regulation enforcement.

However, a “Don’t ask, Don’t tell” relationship between seller and buyer was alluded to during the study in which sellers don’t ask and buyers don’t tell they are purchasing a larger machine for a child.

Questions?

Websitewww.uihealthcare.org/keepingkidssafe