Download - ATV Safety Summit: State Legislation: Effecting Change - State ATV Legislation

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Page 1: 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?