II 109th CONGRESS 1st Session S. 2069 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.

1.

Short title

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

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)).

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.

4.

Effective date

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