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  • Consent Decree: The beginning of the end.




    On April 3rd 1985, the Consumer Product Safety Comission (an executive branch of the United States Government) issed an approval of an "Action Plan" against the "sharp increase" in three-wheel ATV related injuries, and fatalities. The above linked article was the building blocks to what would eventually be the "Consent Decree" that stopped the manufacturing of three-wheelers, forever. With the issuance of the above statement, the CPSC set out with the following steps:


    • Organizing a "special task force" to come up with ideas, and plans to address what they felt was a sharp increase in the number of accidents, and injuries.
    • Announced that they would publish an ANPR (Advanced notice of proposed rule making) that would grant them legal authority to mandate standards against manufactures.
    • Brought fourth 6 other "steps" of their plan to deal with the problem:

    1. Conduct a hazard analysis to obtain detailed information on ATV use.
    2. Undertake an engineering, human factors and medical analysis of ATVs and their use.
    3. Hold a series of public hearings in five locations around the U.S. to solicit user and consumer input.
    4. Monitor the development of voluntary standards of ATVs, pending review of future data and industry activity.
    5. Share information with user groups and state, local and federal officials.
    6. Monitor the ATV industry's education and training effort, reserving the right to assist or strengthen the industry effort.
    The CPSC suggested that three-wheeled ATVs were dangerous, with potential for injuries or death resulting from:

    " loss of control, flip over or roll over. This can result from many different favors, including suddenly encountering a hole, obstruction, or change in terrain, or even a sudden change in momentum due to swerving to avoid an obstacle."
    Furthermore, individual statements were authored and published by the Chairman Terrence Scalon, Vice Chairman Saundra Brown Armstrong, Commission member Stuart Statler, and Commission member Carol Dawson. Some excerpts from their statements (Full versions available at the link above):

    Quote Originally Posted by CPSC Chairman, Terrence Scalon
    ..Taken as a whole, the cost of this ATV action plan will come to approximately one half million dollars in FY 1985, but, in light of the rising toll of human tragedy, often involving little children, I think this is a small price to pay. Indeed, more resources may be needed, for if ever the Consumer Product Safety Commission had a responsibility to act, this is the time, and, I am glad to see that the Commission has responded to that challenge in a timely and responsible manner.
    Quote Originally Posted by CPSC Vice Chairman, Saundra Brown Armstrong
    ...It is essential that the recent emergence of all terrain vehicles as a potential hazard to the safety of the American consumer be addressed by the Commission by positive and immediate action....By adopting and operationalizing the 8-point program, the Commission has eliminated none if its available remedies: from deferral to an adequate voluntary standard with substantial compliance to issuance of a mandatory regulation or ban and use of section 15 or section 12. While I certainly hope that our work with industry will lead promptly to a successful voluntary standard effort, this proposal in no way precludes the Commission from taking stronger action if the industry fails to act quickly and responsibly.
    Quote Originally Posted by CPSC Commission Member, Stuart Statler
    ...As one Commissioner, I am so distressed by the dimensions of this emerging risk based on what we already know, that I believe serious consideration needs to be given in the months ahead to the advisability of seeking a halt in future 3-wheeled ATV production and possibly recalling all such vehicles previously sold.

    ...These firms should cease burying their heads in the sand as if they bear no responsibility. It's high time they uncovered their eyes and their ears and stopped saying, "hear no evil, see no evil." They know these ATVs are flipping over and tipping over and rolling over. They know who's using them. They know who's getting maimed and crushed and killed. It's mainly young kids - many of them 5,6,7,8,9 years of age, 10,11 and 12 - who don't have the farthest inkling of the risk involved, who can't appreciate that risk; many of them don't have the physical agility to cope with machines of this sort, or don't have the mental capacity or coordination or maturity to master the delicate balancing that riding them demands. These firms know there's a problem - and right now they're it!

    ...What we ultimately decide - or what the companies do on their own - will determine, literally, how many tens of thousands of youngsters and others will saved from serious injury, paralysis, and death over the months ahead and long into the future.
    Quote Originally Posted by CPSC Commission Member, Carol G. Dawson
    ..Clearly, the staff of the Commission has provided the best information on the matter that is available to date. The Problem is, there just isn't enough information, including statistics, engineering data and accident investigations, to allow a responsible, reasoned approach to the ATV situation.

    ...We as an agency do have a responsibility to carry out the mandate of Congress to protect the consumer from unreasonable risks associated with consumer products.

    Source: http://www.cpsc.gov/cpscpub/prerel/prhtml85/85015.html

    *Note: This Article is the first of others to come in a detailed documentation of the events leading up to the manufacturing of three-wheeled ATVs being halted by the US Government that ultimately gave us the "Consent Decree".*
    Comments 12 Comments
    1. code200k's Avatar
      code200k -
      thanks Billy i will be using this for my senior thesis paper.(if i ever get around to doing it)
    1. code200k's Avatar
      code200k -
      Billy i just finished my 7 page thesis on the ban ill email or pm it to you when i get an ok from my teacher that it is fine to post on the web.so i dont fail for cheating lol
    1. 3wheelmecca's Avatar
      3wheelmecca -
      dang, that sounds really familiar, good luck on the paper. turnitin.com found my thesis here and I had to fight with my teacher to make it right. you should PM me your report, I will return the favor.
    1. code200k's Avatar
      code200k -
      Mecca pm me tomorrow
    1. Billy Golightly's Avatar
      Billy Golightly -
      If theres a problem with the papers being in 2 different places, perhaps it'd be a good idea for you guys to submit them to the teacher first, and then back here after its been accepted/graded.
    1. code200k's Avatar
      code200k -
      Billy that is what i planned on doing..still willing to help ya with developing this section if ya want
    1. Billy Golightly's Avatar
      Billy Golightly -
      Yup, will definitely take you up on that. We're in the process of getting a MASSIVE amount of information on this subject, and will need some help going through it.
    1. TrailerRider's Avatar
      TrailerRider -
      Quote Originally Posted by Billy Golightly View Post
      Yup, will definitely take you up on that. We're in the process of getting a MASSIVE amount of information on this subject, and will need some help going through it.
      Yup Bill you can count on me as well
    1. code200k's Avatar
      code200k -
      Quote Originally Posted by Billy Golightly View Post
      Yup, will definitely take you up on that. We're in the process of getting a MASSIVE amount of information on this subject, and will need some help going through it.
      just let me know Billy
    1. Xavier Lange's Avatar
      Xavier Lange -
      They should totally bring them back there is nothing roing with them
    1. code200k's Avatar
      code200k -
      forget about this?? lol
    1. Xavier Lange's Avatar
      Xavier Lange -
      They should bring thre wheelers back for the people that dont have there heads up there ass!!!!!
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