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



               Charles Jennissen, MD
               Department of Emergency Medicine
               University of Iowa Carver College of Medicine
               Iowa City, Iowa, United States
Background
 833 ATV-related deaths in the
  U.S. in 2006.
     US Consumer Product Safety Commission




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

              • 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.
Children are riding
adult-sized ATVs.



         Age      Recommendations
          <6            No ATV
         6-11         70 cc or less
         12-15        90 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
atvscene.com




                   size.
Consumer Product Safety
Improvement Act (CPSIA)

 Category      Age Range          Maximum Speed     Maximum Speed
                                    (Restricted)     (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

Goal
   Determine 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.
Right Size Machine
• “I would like to buy an ATV for my 12 year
  old son…”

• “That machine would be
  awesome for him…                      he




                                               woodscyclecountry.com
  he would just love it!”



         but occasionally…
Right Size Machine
• The owner or manager would suddenly
                    appear and take over the
  customer service!




                                      woodscyclecountry.com
Right Size Machine
         • Sometimes, a little coaxing was needed…



                                                       Do you have any used ATVs…
off-road.com




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




                                                                                    olsensautosales.com
Right Size Machine
• “I would like to buy an ATV for my 12 year
  old son…”
• The “Raised Eyebrow”




                                     blackenterprise.com
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.




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




                                                      plaistowpowersports.com
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
Conclusions
 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

 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.

     This practice would limit the impact
     of regulation enforcement.
Questions?
Website
www.uihealthcare.org/keepingkidssafe

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ATV Dealer Safety Compliance Study Finds Issues With Age Recommendations

  • 1. The Safety Information and Guidance Provided to Parents by All-Terrain Vehicle Dealers and Sales Representatives Charles Jennissen, MD Department of Emergency Medicine University of Iowa Carver College of Medicine Iowa City, Iowa, United States
  • 2. Background  833 ATV-related deaths in the U.S. in 2006. US Consumer Product Safety Commission  Since 1982, children under 16 years have comprised 25% of all ATV crash fatalities.
  • 3. 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.
  • 4. U.S. Consumer Product Safety Commission (CPSC) • 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.
  • 5. Children are riding adult-sized ATVs. Age Recommendations <6 No ATV 6-11 70 cc or less 12-15 90 cc or less
  • 6. 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
  • 7. Consumer Product Safety Improvement Act (CPSIA) • Use vehicle maximum and restricted speed limitations for determining the age appropriateness of ATVs • Rather than engine atvscene.com size.
  • 8. Consumer Product Safety Improvement Act (CPSIA) Category Age Range Maximum Speed Maximum Speed (Restricted) (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
  • 9. 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.
  • 10. “Secret Buyer” Study Goal  Determine the practices of ATV dealers and sales representatives with regards to promoting safe ATV use.
  • 11. “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
  • 12. “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
  • 13. 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.
  • 14. Right Size Machine • “I would like to buy an ATV for my 12 year old son…” • “That machine would be awesome for him… he woodscyclecountry.com he would just love it!” but occasionally…
  • 15. Right Size Machine • The owner or manager would suddenly appear and take over the customer service! woodscyclecountry.com
  • 16. Right Size Machine • Sometimes, a little coaxing was needed… Do you have any used ATVs… off-road.com I would really like to use it to plow our long driveway too… olsensautosales.com
  • 17. Right Size Machine • “I would like to buy an ATV for my 12 year old son…” • The “Raised Eyebrow” blackenterprise.com
  • 18. 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. bookmorebrides.com • I was able to gain the confidence of both of them and they proceeded to show me adult-sized machines.
  • 19. No Rider Policy *Warning labels on traditional ATVs that passengers should not be allowed. *Iowa law prohibits passengers on both public and private land.
  • 20. Recommended Training *Iowa, Wisconsin, and Minnesota law all require youth to have a training certificate to operate ATVs on public lands.
  • 21. 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. plaistowpowersports.com
  • 22. 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
  • 23. Conclusions  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.
  • 24. Conclusions  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. This practice would limit the impact of regulation enforcement.