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ATV Safety Summit: State Legislation: Effecting Change - State ATV Legislation
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An important part of the solution STATE ATV SAFETY LEGISLATION
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Kathy Van Kleeck of the Specialty Vehicle Institute of America discussed the importance of state ATV safety legislation at CPSC's ATV Safety Summit on Oct. 11, 2012. I have worked in numerous states to strengthen ATV safety through enactment of state ATV safety legislation and promotion of SVIA’s Model State ATV Legislation. These efforts include working not only with state legislators but with a spectrum of stakeholders including the ATV rider community, health professionals, dealers and state agency officials. As noted in the Federal Register notice, certain aspects of safety related to the behavior of ATV operators, such as restrictions governing helmet use, riding on pavement, licensing of riders, and age restrictions are generally a matter left to the states. Operator behavior is an extremely important facet of ATV safety and as such, state legislation is integral in keeping families safe on ATVs. SVIA is very interested in engaging and working with other panelists and Summit attendees toward enactment of additional state safety legislation, particularly in those states that have few or no ATV safety laws.
Transcript of ATV Safety Summit: State Legislation: Effecting Change - State ATV Legislation
An important part of the solution
STATE ATV SAFETY LEGISLATION
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SVIA MODEL STATE ATV SAFETY LEGISLATION
• Requires approved helmet and eye protection
• Prohibits carrying passengers on single-rider ATVs
• Prohibits youth on adult-size ATVs; operators under 16 must ride youth model appropriate for their age
• Requires adult supervision for children under age 16
• Requires ATV operators on public land to have safety certificates
• Prohibits operation on public roads
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• 92% of ATV-related fatalities involve warned-against operator behaviors
• Approximately 90% of injuries to children under 16 occur on adult-sized ATVs
• All of these behaviors are prohibited by the SVIA Model Law
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• A portion of the public will always do the right thing
• A further minority will not follow the rules and will not be persuaded to do so by the passage of a state law
THE BEHAVIOR OF THE LARGE GROUP IN BETWEEN WILL BE INFLUENCED BY A REASONABLE STATE LAW REGULATING THEIR USE OF ATVS
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STATE CONFORMITY WITH SVIA MODEL LEGISLATION
• California• New Jersey• New Mexico• New York• North Carolina
• Oregon• Rhode Island• South Carolina• Texas• Wisconsin
At least 5 of the major components (10 states):
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STATE CONFORMITY WITH SVIA MODEL LEGISLATION
• Connecticut• Florida• Iowa• Kentucky• Maine• Massachusetts
• Michigan• Minnesota• New Hampshire• Pennsylvania• Virginia
At least 4 of the major components (11 states):
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• RESTRICTIONS ON CHILDREN RIDING
ADULT-SIZED ATVs – 10 States
• ADULT SUPERVISION FOR YOUTH – 26
States
• RIDER EDUCATION REQUIRED – 24 States– Most only under certain age
• HELMETS REQUIRED – 31 States– Most only under certain age
• ON-ROAD PROHIBITION – 22 States
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• Law enacted in 2005 based on SVIA Model
• 2004: 11 ATV-related fatalities of children under age 18
• 2006: 5 ATV-related fatalities of children under age 18
– None of the 5 fatalities in 2006 were wearing helmets– 3 of the 5 fatalities occurred on roads
• Laws must be coupled with ENFORCEMENT, the other vital component
NORTH CAROLINA
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PROGRESS
• Only 3 states have NO ATV laws:
Alabama
Georgia
Hawaii
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States with at least 5 of major components
States with at least 4 of major components
States with NO ATV law
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CALL TO ACTION
• Work with SVIA to enact additional state safety legislation, particularly in states with few or no ATV safety laws
• SVIA invites rider organizations, consumer groups, and all Summit participants to join in our campaign to advocate reasonable state legislation that supports and promotes safe and responsible ATV use
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IMPORTANCE OF CPSC SUMMIT
• 2003 CPSC ATV field hearing in West Virginia – WV enacted ATV safety law in 2004.
• 2003 CPSC ATV field hearing in New Mexico – NM enacted ATV safety law in 2005.
• 2013 – ATV safety law in Maryland?
