In the early 1980’s the United States Consumer Product Safety Commission started receiving reports of injuries and deaths related to ATVs.
On March 20, 1984 the CPSC stated that “It is the opinion of this Directorate, based on the data in our files (ATV injury estimates had grown from 8,585 in 1982 to 27,554 in 1983) as well as information from other sources, that three-wheeled all terrain vehicles may present one of the most significant and explosively growing product hazards ever considered by this agency.”
On December 30, 1987, the Department of Justice filed a lawsuit in U.S. District Court for the District of Columbia against the major ATV manufacturers and distributors in order to declare ATV’s hazardous consumer products. The Complaint stated that “the vehicles give the illusion of stability but they are really unique, complex and dynamically unstable vehicles. Their innocuous appearance gives no hint of the consequences that may result from the failure to receive adequate instructions and training. These drastic results may occur even while doing the most routine of maneuvers or turns.” The complaint further stated that “the safety and stability of ATV’s have been misrepresented by advertisements and salespeople.”
After months of negotiations, the Department of Justice and the major ATV manufactures agreed at the same time the complaint was filed to a preliminary consent agreement that contained, in part the following provisions:
Send notices to all known past ATV purchasers informing them of the risk of severe injuries and death associated with ATV’s.
Immediately halt sale of all three-wheeled ATV’s, otherwise known as ATCs.
Affix extensive warning labels to all ATV’s and mail a safety alert to all prior purchasers detailing deaths and injuries associated with ATV use.
Provide free “hands-on” training to all future purchasers and all past purchasers within the last 12 months.
Agree to establish advertising guidelines.
Agree not to oppose state legislation for licensing and certification of ATV operators.
Undertake a public awareness campaign including print, radio, and television commercials describing the potential hazards and risks associated with ATV’s and minimum age guidelines for various models.
A final decree was signed and approved on April 27, 1988. Any remaining inventory of ATCs were dismantled for parts or crushed.
The terms and requirements of the ATV Consent Decree expired on April 27, 1998.
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