This study investigated the safety information and guidance provided by ATV dealers and sales representatives regarding youth ATV use. Investigators posing as customers looking to purchase adult-sized ATVs for children found that many dealers were still recommending such machines for youth under 16, in violation of CPSC guidelines. While some dealers initially resisted, they could often be convinced to show and recommend adult ATVs. Dealers also rarely discussed safety gear, training requirements, or risks of ATV use. The study suggests dealers prioritize sales over safety and a "don't ask, don't tell" approach limits regulatory enforcement. Ongoing monitoring is needed to improve dealer compliance with youth ATV recommendations and restrictions.
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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.
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
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he would just love it!”
but occasionally…
15. Right Size Machine
• The owner or manager would suddenly
appear and take over the
customer service!
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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…
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17. Right Size Machine
• “I would like to buy an ATV for my 12 year
old son…”
• The “Raised Eyebrow”
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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.
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• 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.
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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.