Kathy Van Kleeck of the Specialty Vehicle Institute of America discussed the importance of state ATV safety legislation at CPSC's ATV Safety Summit on Oct. 11, 2012. I have worked in numerous states to strengthen ATV safety through enactment of state ATV safety legislation and promotion of SVIA’s Model State ATV Legislation. These efforts include working not only with state legislators but with a spectrum of stakeholders including the ATV rider community, health professionals, dealers and state agency officials. As noted in the Federal Register notice, certain aspects of safety related to the behavior of ATV operators, such as restrictions governing helmet use, riding on pavement, licensing of riders, and age restrictions are generally a matter left to the states. Operator behavior is an extremely important facet of ATV safety and as such, state legislation is integral in keeping families safe on ATVs. SVIA is very interested in engaging and working with other panelists and Summit attendees toward enactment of additional state safety legislation, particularly in those states that have few or no ATV safety laws.

1. An important part of the
solution

2. 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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3. • 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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4. • 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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5. STATE CONFORMITY WITH
SVIA MODEL LEGISLATION
At least 5 of the major components (10 states):
• California • Oregon
• New Jersey • Rhode Island
• New Mexico • South Carolina
• New York • Texas
• North Carolina • Wisconsin
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6. STATE CONFORMITY WITH
SVIA MODEL LEGISLATION
At least 4 of the major components (11 states):
• Connecticut • Michigan
• Florida • Minnesota
• Iowa • New Hampshire
• Kentucky • Pennsylvania
• Maine • Virginia
• Massachusetts
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7. • 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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8. NORTH CAROLINA
• 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
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9. PROGRESS
• Only 3 states have NO ATV laws:
Alabama
Georgia
Hawaii
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10. 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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11. 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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12. 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?
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