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.
(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--
(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.
END
