View all text of Chapter 47 [§ 2051 - § 2090]
§ 2089. All-terrain vehicles
(a) In general
(1) Mandatory standard
(2) Compliance with standard
After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless—
(A) the all-terrain vehicle complies with each applicable provision of the standard;
(B) the ATV is subject to an ATV action plan filed with the Commission before August 14, 2008, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; and
(C) the manufacturer or distributor is in compliance with all provisions of the applicable ATV action plan.
(3) Violation
(4) Compliant models with additional features
(b) Modification of standard
(1) ANSI revisions
(2) Commission action
(3) Unreasonable risk of injury
(4) Certain provisions not applicable
(c) Requirements for 3-wheeled all-terrain vehicles
(d) Further proceedings
(1) Deadline
(2) Categories of youth ATVs
In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, may provide for a multiple factor method of categorization that, at a minimum, takes into account—
(A) the weight of the ATV;
(B) the maximum speed of the ATV;
(C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the ATV;
(D) the age of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV; and
(E) the average weight of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV.
(3) Additional safety standards
In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, shall review the standard published under subsection (a)(1) and establish additional safety standards for all-terrain vehicles to the extent necessary to protect the public health and safety. As part of its review, the Commission shall consider, at a minimum, establishing or strengthening standards on—
(A) suspension;
(B) brake performance;
(C) speed governors;
(D) warning labels;
(E) marketing; and
(F) dynamic stability.
(e) Definitions
In this section:
(1) All-terrain vehicle or ATV
The term “all-terrain vehicle” or “ATV” means—
(A) any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but
(B) does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.
(2) ATV action plan
(Pub. L. 92–573, § 42, as added Pub. L. 110–314, title II, § 232(a), Aug. 14, 2008, 122 Stat. 3071.)