On a rainy dreary day, I had to find something to do, so I figured why not spend some quality time conversing with the CPSC.... I'm sure its all been asked before but I had some time to pass...
To: Topka, Tanya
Subject: Mandatoy standards for ATV: Final ruling inquiry
Ms. Topka,
Upon review of certain portions of the CPSC website I have found references pertaining to a “Mandatory Safety Standard” for the introduction/production/distribution of three wheeled ATV’s. However I was unable to find any information on where this standard is located or the date which it is scheduled to be published. As a long time three wheeled ATV enthusiast, collector and restorer it puzzles and concerns me that the temporary restriction on the importation/distribution of such vehicles may in fact in essence be an actual attempt to place a permanent ban on the vehicles through the use of a standard that is not scheduled/intended to be authored.
I am certainly aware of the series of events starting in the mid 1980’s that led to the original agreement to suspend the importation of the vehicles by the agreeing parties (i.e. Honda, Kawasaki, Yamaha, Polaris etc.) for a period of ten years. These events included a great increase in ownership of the vehicles over a short period of time, resulting in many unskilled riders being injured. Many of these injuries have been directly associated with rider error or a misunderstanding of the correct practices required to operate the machines. Many more were simply due to the lack of proper safety gear or being under the influence of alcohol or drugs. I myself have been riding these vehicles since the early 1980’s and have as have many others, watched their numbers wither to the brink of extinction, in fact I actually own more three wheelers than I have seen in person (others than mine) in the past two years. Parts are becoming an issue and many of the existing three wheelers are being literally ridden “until their wheels fall off”. Why you might ask? Because people love them, they are certainly not for everybody, but for the trained and skilled rider their handling characteristics are second to none, their weight is much lower than their four wheeled cousins, their maintenance costs are lower, and because of the placement of the third wheel, they tend to cause less rutting to trails than their four wheeled counterparts potentially making them environmentally friendly, its a win/win situation… A potential improvement to the economy through sales of new vehicles, the potential for a safe off road alternative to four wheelers, the potential for less destruction of the environment thereby allowing more trail systems and additional increases in revenue related to the trail systems and the licensing of the ATV’s.
You may be asking yourself… “Who in their right mind would buy a three wheeler?” well Ms. Topka It’s no secret that three wheelers have suffered the wrath of the media and ridicule over the past twenty five years, but with an unbiased study into ATV related injuries and deaths, I and many others would be surprised if you findings reveal anything greater than rider error or lack of proper safety gear in the majority of the cases and to answer your question… I would certainly buy a few new ones, as my current “Trikes” are all in excess of twenty five years old…
Regardless of your opinion of three wheeled ATV’s please reply with your intentions in reguard to the established standards.
Rodd Hoffman
From: Topka, Tanya
Sent: Thursday, October 14, 2010 7:05 AM
To: Rodd Hoffman
Cc: Jirgl, Justin
Subject: RE: Mandatoy standards for ATV: Final ruling inquiry
Thank you for your inquiry. Part 1420.4 of the CPSA states, “Until a mandatory consumer product safety standard applicable to three-wheel ATVs promulgated pursuant to the CPSC is in effect, new three-wheel ATVs may not be imported into or distributed in commerce in the United States.” This language came straight from Congress when they passed the CPSIA. There are no plans at this time to issue a mandatory standard and the ban remains in effect.
Tanya Topka, Compliance Team Lead (Fast Track and Mechanical Hazards)
U.S. Consumer Product Safety Commission
301-504-7594 Fax: 301-504-0359
Use our online form for reporting under Section 15: https://www.cpsc.gov/cgibin/sec15.aspx
For Recall Info: http://www.cpsc.gov/businfo/corrective.html
From: Rodd Hoffman
Sent: Thursday, October 14, 2010 8:06 AM
To: Topka, Tanya
Cc: Jirgl, Justin
Subject: RE: Mandatoy standards for ATV: Final ruling inquiry
Ms. Topka,
Please explain in detail how the commission feels that they are in compliance? If as you stated, and I quote “There are no plans at this time to issue a mandatory standard” when the language approved and handed down by congress clearly states that a standard is required. Is the commission above the confines of the Constitution of the United States whereas they choose to enforce portions of a particular ruling, while making no plans to comply with other portions of the same ruling. This sounds as if it could be directly compared to the former handgun ban in Washington DC whereas guns were effectively banned unless you secured an unattainable permit. Are you familiar with the determined constitutionality of the Supreme Court’s ruling associated with this historical ruling which bears a disturbingly similar resemblance to the commission’s refusal to provide a standard. Perhaps you are not yet aware of the progress related to the authoring of the standard; if that is the case could you kindly provide me with the contact information of the person or persons assigned to the creation of this mandated standard?
Sincerely,
Rodd Hoffman
From: Topka, Tanya [mailto:TTopka@cpsc.gov]
Sent: Thursday, October 14, 2010 8:59 AM
To: Rodd Hoffman
Cc: Jirgl, Justin
Subject: RE: Mandatoy standards for ATV: Final ruling inquiry
There is no requirement to develop such a standard. The ban went into effect immediately after Congress passed the legislation so obviously they felt strongly that a ban was needed. Additionally, the three-wheel ATVs have been banned from manufacture, import, or distribution with the legacy manufacturers since the Consent Decree. The Office of Compliance has enforced this since the agreement went into effect.
Tanya Topka, Compliance Team Lead (Fast Track and Mechanical Hazards)
U.S. Consumer Product Safety Commission
301-504-7594 Fax: 301-504-0359
Use our online form for reporting under Section 15: https://www.cpsc.gov/cgibin/sec15.aspx
For Recall Info: http://www.cpsc.gov/businfo/corrective.html
Ms. Topka,
The “Consent Decree” was in force for a period of ten years (i.e. 1988 thru 1998) it was clearly not a ban but more of a generic “Plea Bargin” if you will by the legacy manufacturers to eliminate the possibility of a “Blanket Recall” which is what the CPSC was pushing for at the time. Obviously the damage that the press as well as misinformed individuals have done to the reputation of the three wheeled ATV will likely prevent the legacy manufacturers from ever marketing another three wheeled ATV in this country, however there continues to be a niche market for those that prefer three wheeled ATV’s over the more popular and cumbersome four wheeled variety.
You state that there was an obvious need for the most recent ban and that congress felt it was necessary to address the safety concerns associated with three wheeled ATV’s, with all due respect, it seems apparent that it was also a need for a “Mandatory Standard” as the requirement was included in the exact legislation which you are referring to. Furthermore it’s a fact that there have been no new commercially produced / distributed three wheeled ATV’s in this country for over twenty two years, yet congress saw fit to require the existence of a “Mandatory Standard”, therefore a standard must be brought into existence as government related agencies are bound by law to abide by the rules and regulations set forth by congress just as individuals, private businesses and corporations are, or does the CPSC feel that they are exempt from the bindings of law set forth by congress?
Please provide any and all information which you have available to justify both the moratorium on the sale of new commercially produced three wheeled ATV’s (required via the freedom of information act) as well as any documentation that exempts the CPSC from following the letter of the laws set forth by congress.
In addition, please forward any studies that have been completed that provide the effects that current safety programs designed for the currently produced ATV’s and how they would have affected the safety concerns associated with three wheeled ATV’s prior to the consent decree when no such safety programs were in place. As an American citizen it’s very important to me that restrictions on items such as three wheeled ATV’s are based on fact, rather than remnants of theories sparked from exaggerated reports on popular television news magazines which aired nearly a quarter of a century ago.
Sincerely,
Rodd Hoffman
You will need to submit a request through our Freedom of Information Office for the specific information you requested. Their number is 301-504-7923 or you can do it online or by email cpsc-os@cpsc.gov.
The Consent Decree led into the Voluntary Letters of Undertaking (which are now referred to as Action Plans) and those agreements were only with legacy manufacturers/distributors prior to the CPSIA legislation and mandatory standard. The ban now applies to all 3-wheel ATVs regardless of who manufactures, imports, or distributes the product, so it addresses ATVs made, imported, or distributed by firms that did not have Voluntary Letters of Undertaking (banning all 3-wheel ATVs not just certain firm’s ATVs).
Tanya Topka, Compliance Team Lead (Fast Track and Mechanical Hazards)
U.S. Consumer Product Safety Commission
301-504-7594 Fax: 301-504-0359
Use our online form for reporting under Section 15: https://www.cpsc.gov/cgibin/sec15.aspx
For Recall Info: http://www.cpsc.gov/businfo/corrective.html
From: Rodd Hoffman
Sent: Thursday, October 14, 2010 1:59 PM
To: Topka, Tanya
Cc: Jirgl, Justin
Subject: RE: Mandatoy standards for ATV: Final ruling inquiry
Ms. Topka,
As stated in the referenced legislation:
“3. Three-Wheel ATVs
The CPSIA also addresses 3-wheel ATVs. It provides that until the
Commission issues a consumer product safety standard applicable to 3-
wheel ATVs (and the standard goes into effect) ``new 3-wheeled all
terrain vehicles may not be imported into or distributed in commerce in
the United States.'' CPSA Sec. 42(c), as added by CPSIA Sec. 232.
Violation of this restriction is a prohibited act under section
19(a)(1) of the CPSA.”
Please read the second sentence thoroughly, that constitutes a moratorium (i.e. temporary hold or ban) until the what is referred to as the “Commission” which is implied as “The Consumer Product Safety Commission” issues a “Safety Standard”. Please provide the scheduled release date of this document or series of documents which the legislation clearly requires your commission to produce. By not producing the referenced standard the commission is not in compliance with the legislation, and in turn makes it impossible for any individual or firm to fully comply with the legislation. Are you stating that the commission has no intent to comply by issuing a “Safety Standard” for three wheeled ATV’s? Would the commission be willing to enact a written standard authored by a third party?
Rodd Hoffman
As stated previously, you will need to contact the FOIA Office for specific information you request.
Tanya Topka, Compliance Team Lead (Fast Track and Mechanical Hazards)
U.S. Consumer Product Safety Commission
301-504-7594 Fax: 301-504-0359
Use our online form for reporting under Section 15: https://www.cpsc.gov/cgibin/sec15.aspx
For Recall Info: http://www.cpsc.gov/businfo/corrective.html
Ms. Topka,
You clearly stated that I would have to pursue a different route to request information through the “Freedom of Information Act” and I fully understand that. However you have not given me a direct answer, as to when the scheduled date is for the release of the “Safety Standards” pertaining to three wheeled ATV’s. I have written you because I was advised that you were in charge of this portion of the department. If I need to contact another individual due to the fact that you are not willing or permitted to answer the question pertaining to the release date of the “Safety Standards” for three wheeled ATV’s please give me their contact information and I will gladly pursue that information from the correct individual as well.
Sincerely,
Rodd Hoffman
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And with that note I hit a dead end
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Originally Posted by ATCrider42
83' 200x (son's). 85' 200 auto-x & 85' 125m (daughters). 84' Tecate(?). 85' KXT Tecate (mine!, mine!, mine!.)+ some others but don't feel like typing them in.
