Authority:
The Consumer Product Safety Improvement Act of 2008, Pub. Law 110–314, §232, 122 Stat. 3016 (August 14, 2008).
Source:
73 FR 67386, Nov. 14, 2008, unless otherwise noted.
§ 1420.1 Scope, application and effective date.
This part 1420, a consumer product safety standard, prescribes requirements for all terrain vehicles. The requirements for four-wheel ATVs in §1420.3 take effect on April 30, 2012, and apply to new assembled or unassembled ATVs manufactured or imported on or after that date. The restrictions on three-wheel ATVs stated in §1420.4 take effect September 13, 2008.
[73 FR 67386, Nov. 14, 2008, as amended at 77 FR 12200, Feb. 29, 2012]
In addition to the definitions in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052), the following definitions apply for purposes of this Part 1420.
(a) All terrain vehicle or ATV means:
(1) Any motorized, off-highway vehicle designed to travel on 3 or 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control; but
(2) Does not include a prototype of a motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.
(b) ATV action plan means a written plan or letter of undertaking that describes actions the manufacturer or distributor agrees to take to promote ATV safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the ATVs, the monitoring of such sales, and other safety related measures, and that is substantially similar to the plans described under the heading “The Undertakings of the Companies” in the Commission Notice published in the Federal Register on September 9, 1998 (63 FR 48199–48204).
§ 1420.3 Requirements for four-wheel ATVs.
(a) Each ATV shall comply with all applicable provisions of the American National Standard for Four-Wheel All-Terrain Vehicles (American National Standards Institute, Inc. ANSI/SVIA 1–2010), approved December 23, 2010. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the Specialty Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618–3806; telephone 949–727–3727 ext.3023; www.svia.org . You may inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301–504–7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .
(b) Each ATV must be subject to an ATV action plan filed with the Commission before August 14, 2008 or subsequently filed with and approved by the Commission, and shall bear a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject.
(c) The ATV manufacturer or distributor shall be in compliance with all provisions of the applicable ATV action plan.
[73 FR 67386, Nov. 14, 2008, as amended at 77 FR 12200, Feb. 29, 2012]
§ 1420.4 Restrictions on three-wheel ATVs.
Until a mandatory consumer product safety standard applicable to three-wheel ATVs promulgated pursuant to the Consumer Product Safety Act is in effect, new three wheel ATVs may not be imported into or distributed in commerce in the United States.
