ATVA applauds government report rejecting ATV ban for kids
February 10, 2005 – The ATVA today praised a recommendation by the staff of the Consumer Product Safety Commission to reject a ban on the sale of full-sized ATVs for use by children under 16.
The ATVA notes that the ATV industry already adheres to a voluntary agreement not to sell full-sized ATVs to children under 16, and that further federal regulation is not necessary.
The CPSC staff recommendation to the commission arose from a request made in 2002 by the Consumer Federation of America, Bluewater Network, and the Natural Trails and Waters Coalition. Those groups asked the commission for a ban on all ATV use by those under the age of 16, but the panel said it didn't have the authority to enforce such a ban. The groups also asked the commission to ban the sale of full-sized ATVs for the use of children under 16, which is something the ATV industry already voluntarily does.
After several public hearings held by the commission in various parts of the country, and a thorough review of the testimony and facts by the CPSC staff, the staff on February 2 recommended that the commission reject the request.
It's unknown whether the three-member panel will follow the staff recommendation, or when a decision may be made.
In a 200-plus page report to the commission, the staff noted that it's unknown whether a sales ban would be effective in reducing injuries and deaths.
"In large part, this is because a sales ban would primarily address how ATVs are sold, rather than how they are used after they are purchased by consumers," the report said. "The CPSC lacks the ability to regulate or enforce how consumers use products after purchase. While the commission can affect to some degree how ATVs are sold, it cannot control the behavior of consumers or prevent adults from allowing children to ride adult-size ATVs.
"Additionally, the impact of a sales ban in the new product market would likely be limited because, under current ATV Voluntary Action Plans agreed to by industry and CPSC, major distributors already require that their dealers not sell adult-size ATVs for the use of children," the report said. "Also, consumers are informed in a number of ways at the point of sale that adult-size ATVs are not intended for the use of children.
"No data are available to show that a ban of ATVs for use by children under the age of 16 years would be more effective in preventing such use than the age recommendations in the Voluntary Action Plans," the report said.