[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2069 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2069

To improve the safety of all-terrain vehicles in the United States, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2005

 Mr. Coleman (for himself, Mr. Dayton, and Mr. DeWine) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To improve the safety of all-terrain vehicles in the United States, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ATV Safety Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) ATV.--The term ``ATV'' means any motorized, off-
        highway, all-terrain vehicle designed to travel on 4 wheels, 
        having a seat designed to be straddled by the operator and 
        handlebars for steering control and 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.
            (2) Commission, distribution in commerce, distributor, to 
        distribute in commerce, manufacturer, united states.--The terms 
        ``Commission'', ``distribution in commerce'', ``distributor'', 
        ``to distribute in Commerce'', ``manufacturer'' and ``United 
        States'' have the meaning given those terms in section 3(a) of 
        the Consumer Product Safety Act (15 U.S.C. 2052(a)).

SEC. 3. ALL-TERRAIN VEHICLES.

    (a) In General.--Notwithstanding any other provision of law, until 
the date that a mandatory rule applicable to ATVs promulgated by the 
Consumer Product Safety Commission takes effect, it is unlawful for any 
manufacturer or distributor to distribute in commerce in the United 
States any new assembled or unassembled ATV unless--
            (1)(A) with respect to an ATV designed for use by a single 
        operator only, such ATV complies with each applicable provision 
        of--
                    (i) the American National Standard for Four Wheel 
                All-Terrain Vehicles--Equipment Configuration, and 
                Performance Requirements developed by the Specialty 
                Vehicle Institute of America (American National 
                Standard ANSI/SVIA-1-2001);
                    (ii) a revision to such Standard; or
                    (iii) an alternative standard that may be accepted 
                by the Commission; or
            (B) with respect to an ATV designed for use by an operator 
        and one or more passengers, such ATV complies with each 
        applicable provision of--
                    (i) any future American National Standard developed 
                for such vehicles;
                    (ii) a revision to such Standard; or
                    (iii) an alternative standard that may be accepted 
                by the Commission;
            (2) with respect to an ATV, it is subject to or covered by 
        a letter of undertaking or an ATV action plan that is filed 
        with the Commission and that--
                    (A) applies to such ATV;
                    (B) includes actions to promote ATV safety that are 
                substantially similar to such actions described in the 
                action plans set out under the heading ``All-Terrain 
                Vehicles; Comment Request--Proposed Resolution'' in 63 
                Federal Register 48199 through 48204 or otherwise 
                approved by the Commission; and
                    (C) is substantially implemented at the time of the 
                distribution in commerce of such ATV; and
            (3) such ATV bears a permanent label certifying that it 
        complies with the provisions of paragraphs (1) and (2).
    (b) Violation of CPSA.--Any violation of subsection (a) shall be 
deemed to be a failure to comply with a consumer product safety rule 
under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.), and 
subject to all of the penalties and remedies available under such Act.
    (c) Notification.--After the date of the enactment of this Act, the 
Commission shall promptly seek to inform all manufacturers of ATVs that 
are presently being distributed in commerce in the United States of the 
terms of this Act.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect 90 days after the enactment of this Act.
                                 <all>