Cycle News - Archive Issues - 1980's

"Ba~ CPSC Chairman Terrence Scanlon . Saundra Brown Armstrong, CPSC. Carol G. Dawson, CPSC. Stuart have to be addressed. If this can be accomplished through a repair or replacement program. that 's fine. But depending on the Commission's upcoming assessment, complete or partial recall of 'old -style' ATVs, by the Commission or by the companies. rna y prove to be necessary." Scanlon listed th e seven steps ado p ted by the CPSC on April 3 to dea l with ATV safety , including a hazard analysis to determine ca uses of accidents and risks in ATV riding; engi neer ing and h u ma n factors studies to determine how performance ch aracteristics and/or operator behavior might contribute to accid ents; public hearings to gather input; monitoring of industry ATV rider training programs; sharing information with ATV groups and government officials; monitoring industry efforts to develop a voluntary sta ndard; a n d publication of an Advance Notice of Pro posed R ul em a kin g listing regulatory options available to the CPSC and soliciting public comment. CPSC Vice Chairman Armstrong did not attend the hearing, but did su bm it a written statement, in which sh e said, " As a preliminary matter, however, I must qualify my testimony concerning the hazards associated with ATVs and the approriate Commission response inasmuch as the Commission's in-depth investigation is at its inception. In Apri l 1985, th e Commission unanimously approved and implemented a comprehensive program of testin g , information co llection, and analysis aimed, in part, at providing answers to a number o f questions including, but not lim ited to : What risks are associated with the use of ATVs? What are th e factors/ variables which cause or co n tribu te to these risks? What segmen ts of th e population are most a t ri sk from use of ATVs? Which , if any, of th e identified hazards rise to th e level o f being 'unreasonable risks of inj ur y,' the statutory prerequisit e to m andatory Commission ac tio n ? And, fin all y, for those ri sks that are 'unreasonable,' what ac tio n(s) sho u ld th e Comm issio n tak e? " Pe n ding completi on of th e in vestigation a nd recei pt o f a ns wer to those question s and ot he rs," Arm stro n g said, " I simpl y a m not in a position to make definitive statements concern in g risks associated with ATVs or, equall y important, pr ecisel y what actio ns the Commissi on shou ld ultimately tak e. While th e current information cenain ly provides su fficie n t basis for th e Commission's decision to pursue its ATV investi gati on a t a n expeditio us p ace a nd wi th a heavy co m m itment of resour ces in Fiscal Years 1985 a n d 1986 (and, p ossibl y, beyond FY 1986), much of it is 'o ffthe-sh elf' a nd not yet su bjec ted to detailed analysis. Consequentl y, addition al data , cha nges in circu m sta n ces. and furth er testing a nd a na lysis may a lte r th ese prel iminar y impressio ns - reveal ing a far bett er o r worse state o f a ffai rs th an now a p pea rs. This, of co ur se, would result in assessment or reassessment o f both th e risks presented by use of ATVs a n d th e appropriate Commission ro le in addr essing those risks . Thus, in this fluid situa tion, my remarks today are not intended to be, and should not be, tak en as an indication of any predis position with respect to th e o utcome of th is investigation." After discussing estimates of ATVrelated injuries and deaths in recent years, Armstrong wrote "However, the fact of deaths and injuries associated with use of a ll terrain vehicles and th e economic implications thereof do not, without more (information ), result in a determination that ATVs present an 'unreasonable risk of injury' that the Commissio n can and should address. This is the crucial next step in our investigation. " In making an 'unreasonable risk ' determination, the Commission must balance a number of competing factors, always keeping the public health and safety upper-most in its thinking. Among the factor s to be weighed are: the degree of the anticipated injury and the frequency of such injury or dea th: the need of th e p ublic for the consumer product (here, all terrain vehicles) and th e probable effect of Commission ac tion on the utility , cost, or availability of the product to mee t that need ; the m eans available by w hich to achieve ' the o bjective of elimination or reduction of the risk of injury whi le mi ni mizing adverse effects on competition or disruption or dislocation wit hi n the industry; a nd the industry's devel opment of a relevant voluntary standard, provided the voluntary standard adequat ely elimi nates or reduces the identified risk of inj ury and the industry substantially complies with its requirem ents. As can be seen from this brief, non-exhaustive recitation of th e factors that Congress has directed us to consider in det ermining th e exis tence of a n ' u n rea son ab le risk of injury,' the Commission has a long ways to go before we wi ll be in a position to make this determination. " Pending the results of the current investigation , it is difficult to determine whether ATVs present an ' u n reasonable risk of injury' or wh ether the Commission should ultimately tak e manda tory or some other action," Armstrong said. " H owever. it is clear, and I am firmly of th e opinion, that th e rat e o f the deaths a nd injuries -particularl y as related to chi ldren -demand immediate attention by th e Comm ission and th e ATV industry." Commissioner Dawson also was not presen t at the hearing, a n d also s u b m i tt ed testimony in writing. " T he re is no question but that the sta tistics on ATV-rela ted deaths and injuries are grim," Dawson wrote. " An y time a consumer product produces an estimated 70,000 injuries in a year and is associated with what are now at least 161deaths, we shou ld a ll be concerned. As we work to fin d so lu tions, ho wever, .we need.to keep in mind that we are deali ng with a .u n iq u e consumer p ro d uct a bout which we kno w very little. T he an swers will co me, and it is my h ope that o ur seven-point program will provide as many of those answers as quickly as possible. "The reason ATVs are so un ique is that they present us with a bewildering array of variables that affect their safety. Their growing popu la rity, for instance, has put ATVs into the hands of children and adults , novices a nd pros, reckless and prudent people ali ke. They are driven over the most wide variety of terrain. They come in a bro ad range of sizes and engines. Each of these factors - h uman behav io r, terrain, a nd vehicle characteristics - combine to influence the safety of ATVs. We need to u nderstand h ow these variables in teract before we can determ ine what is rea lly ca using ATV accidents. That is what th e CPSC has . begun to do." Dawson co ntin ued, sayi ng "Until the p re liminary work is co m p lete, th o u gh , incl udi ng a study by our engineering staff and survey o f a representative sam p le o f injuries by our investigators, we ca nnot presume th at we ha ve th e a nswers as to h ow ' best to dea l wi th ATV safety issues. While governmeht-sponsorededucationa I campaigns are not the only way of addressing safety issues, for example, it may be that such a ca mp a ig n, if done properly a nd with th e cooperation of public and private groups, could be effec tive in inform ing consumers about the unusua l characteristics of these vehicles and th e need for safety precautions. At the same time, after the results of th e engineering studies are in, we may find that there are ways to modify the vehicles to improve their safety during use . In fulfilling m y responsbilities as a Commissioner, I would not act on a ny co urse of action until the facts are in . " G iven, as I said earlier, the great number of variables that affect ATV performa nce. we would do well to get the answers to our most basic questio ns first before deciding what steps to take. It wou ld be a disservice to the American public to come up with a so-ca lled 'so lution' to theATV problem based on guesses and faulty information. It is essentia l that we have a basic understand ing of ATV dy namics, and th e factors tha t in flue nce them , before we draw any conclusions about what should be done. The program that the Commission has undenaken fills that need, and I am satisfied that the agency is doing the necessary work, as quickly as possible, to address any un reasonabl e risks of in ju ry assoc ia ted with ATVs." Admit more research needed Commissioners disagree with Statler By John Ulrich WASHINGTON, DC, MAY 21 In testimony before a Con gressional Subcommi ttee . three of the four members of the U .S. Consumer Prod uct Safety Com- 42 mission sharply disputed Commissioner S tuan M. Statler's continual claims tha t evidence already compiled suppons a recall of ATVs. Commissioners Terrence M: Scanlon. Saundra Brown Armstrong and Carol G. Dawso n a ll took the position that information already complied is inclusive and tha t more research is needed. contradicting' Statler 's frequent and adament call for a ban and reca ll of ATVs. Statler often appears on television and in the press advocating an end to ATV lise. CPSC Chairman Scanlon to ld th e House Commerce, Consumer a n d Monetary Affairs Subcommittee, " Even if the Commission wereconvin ced drastic ac tio n should be tak en tomorrow - and eviden ce to suppon su ch a co ncl usio n is currentl y lacking - it would have to do th e resear ch necessary. just as it is now doing to make its case." Scanl on a lso told th e Congressmen, " T he Commission is still gathering th e information necessary to make a d etermination on th e best course or courses of action to take. " No list of potential factors involv ed in ATV accidents wou ld be co m p lete, however ," Scanlon said, " if th e cleme n t of operator behavior was not included. Of th e 169 ATV acci de nt cases th e C PSC has st ud ied in -depth to date, many involv ed ridin g double, riding at night, or riding under the influence of a lco ho l. Not only that , but su ch things as exces si ve spe ed , showboa tin g , rid in g o n p aved roads a n d riding with out a helmet may co me into p lay. For in stance, th e lack of a helmet ma y not ca use an acc ide nt, but th e use of one could cert ainl y reduce the possibility of serious head injury." 'em" Statler.

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