Save Our Three-Wheelers!

Sign the petition to fight against the banning of three-wheelers. SEC. 232. ALL-TERRAIN VEHICLE STANDARD. (a) In General- The Act (15 U.S.C. 2051 et seq.), as amended by section 224, is further amended by adding at the end thereof the following: `SEC. 42. ALL-TERRAIN VEHICLES. `(a) In General- `(1) MANDATORY STANDARD- Notwithstanding any other provision of law, within 90 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish in the Federal Register as a mandatory consumer product safety standard 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 -1-2007). The standard shall take effect 150 days after it is published. `(2) COMPLIANCE WITH STANDARD- After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless-- `(A) the all-terrain vehicle complies with each applicable provision of the standard; `(B) the ATV is subject to an ATV action plan filed with the Commission before the date of enactment of the Act, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; and `(C) the manufacturer or distributor is in compliance with all provisions of the applicable ATV action plan. `(3) VIOLATION- The failure to comply with any requirement of paragraph (2) shall be deemed to be a failure to comply with a consumer product safety standard under this Act and subject to all of the penalties and remedies available under this Act. `(4) COMPLIANT MODELS WITH ADDITIONAL FEATURES- Paragraph (2) shall not be construed to prohibit the distribution in commerce of new all-terrain vehicles that comply with the requirements of that paragraph but also incorporate characteristics or components that are not covered by those requirements. Any such characteristics or components shall be subject to the requirements of section 15 of this Act. `(b) Modification of Standard- `(1) ANSI REVISIONS- If the American National Standard ANSI/SVIA-1-2007 is revised through the applicable consensus standards development process after the date on which the product safety standard for all-terrain vehicles is published in the Federal Register, the American National Standards Institute shall notify the Commission of the revision. `(2) COMMISSION ACTION- Within 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the product safety standard for all-terrain vehicles to include any such revision that the Commission determines is reasonably related to the safe performance of all-terrain vehicles, and notify the Institute of any provision it has determined not to be so related. The Commission shall promulgate an amendment to the standard for all-terrain vehicles within 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register. `(3) UNREASONABLE RISK OF INJURY- Notwithstanding any other provision of this Act, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for all-terrain vehicles to include any additional provision that the Commission determines is reasonably necessary to reduce an unreasonable risk of injury associated with the performance of all-terrain vehicles. `(4) CERTAIN PROVISIONS NOT APPLICABLE- Sections 7 and 9 of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5, United States Code. `(c) Requirements for 3-Wheeled All-Terrain Vehicles- Until a mandatory consumer product safety standard applicable to 3-wheeled all-terrain vehicles promulgated pursuant to this Act is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. Any violation of this subsection shall be considered to be a violation of section 19(a)(1) of this Act and may also be enforced under section 17 of this Act. `(d) Further Proceedings- `(1) DEADLINE- The Commission shall issue a final rule in its proceeding entitled `Standards for All Terrain Vehicles and Ban of Three-wheeled All Terrain Vehicles\'. `(2) CATEGORIES OF YOUTH ATVS- In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, may provide for a multiple factor method of categorization that, at a minimum, takes into account-- `(A) the weight of the ATV; `(B) the maximum speed of the ATV; `(C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the ATV; `(D) the age of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV; and `(E) the average weight of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV. `(3) ADDITIONAL SAFETY STANDARDS- In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, shall review the standard published under subsection (a)(1) and establish additional safety standards for all-terrain vehicles to the extent necessary to protect the public health and safety. As part of its review, the Commission shall consider, at a minimum, establishing or strengthening standards on-- `(A) suspension; `(B) brake performance; `(C) speed governors; `(D) warning labels; `(E) marketing; and `(F) dynamic stability. `(e) Definitions- In this section: `(1) ALL-TERRAIN VEHICLE OR ATV- The term `all-terrain vehicle\' or `ATV\' means-- `(A) 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 `(B) 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 unless the vehicle is offered for sale. `(2) ATV ACTION PLAN- The term `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).\'. (b) GAO Study- The Comptroller General shall conduct a study of the utility, recreational, and other benefits of all-terrain vehicles to which section 42 of the Consumer Product Safety Act (15 U.S.C. 2085) applies, and the costs associated with all-terrain vehicle-related accidents and injuries. (c) Conforming Amendment- The table of contents of this Act is further amended by inserting after the item relating to section 42 the following: `Sec. 42. All-terrain vehicles.\'. (a) In General- The Act (15 U.S.C. 2051 et seq.), as amended by section 224, is further amended by adding at the end thereof the following: `SEC. 42. ALL-TERRAIN VEHICLES. `(a) In General- `(1) MANDATORY STANDARD- Notwithstanding any other provision of law, within 90 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish in the Federal Register as a mandatory consumer product safety standard 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 -1-2007). The standard shall take effect 150 days after it is published. `(2) COMPLIANCE WITH STANDARD- After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle unless-- `(A) the all-terrain vehicle complies with each applicable provision of the standard; `(B) the ATV is subject to an ATV action plan filed with the Commission before the date of enactment of the Act, or subsequently filed with and approved by the Commission, and bears a label certifying such compliance and identifying the manufacturer, importer or private labeler and the ATV action plan to which it is subject; and `(C) the manufacturer or distributor is in compliance with all provisions of the applicable ATV action plan. `(3) VIOLATION- The failure to comply with any requirement of paragraph (2) shall be deemed to be a failure to comply with a consumer product safety standard under this Act and subject to all of the penalties and remedies available under this Act. `(4) COMPLIANT MODELS WITH ADDITIONAL FEATURES- Paragraph (2) shall not be construed to prohibit the distribution in commerce of new all-terrain vehicles that comply with the requirements of that paragraph but also incorporate characteristics or components that are not covered by those requirements. Any such characteristics or components shall be subject to the requirements of section 15 of this Act. `(b) Modification of Standard- `(1) ANSI REVISIONS- If the American National Standard ANSI/SVIA-1-2007 is revised through the applicable consensus standards development process after the date on which the product safety standard for all-terrain vehicles is published in the Federal Register, the American National Standards Institute shall notify the Commission of the revision. `(2) COMMISSION ACTION- Within 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the product safety standard for all-terrain vehicles to include any such revision that the Commission determines is reasonably related to the safe performance of all-terrain vehicles, and notify the Institute of any provision it has determined not to be so related. The Commission shall promulgate an amendment to the standard for all-terrain vehicles within 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register. `(3) UNREASONABLE RISK OF INJURY- Notwithstanding any other provision of this Act, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for all-terrain vehicles to include any additional provision that the Commission determines is reasonably necessary to reduce an unreasonable risk of injury associated with the performance of all-terrain vehicles. `(4) CERTAIN PROVISIONS NOT APPLICABLE- Sections 7 and 9 of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5, United States Code. `(c) Requirements for 3-Wheeled All-Terrain Vehicles- Until a mandatory consumer product safety standard applicable to 3-wheeled all-terrain vehicles promulgated pursuant to this Act is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. Any violation of this subsection shall be considered to be a violation of section 19(a)(1) of this Act and may also be enforced under section 17 of this Act. `(d) Further Proceedings- `(1) DEADLINE- The Commission shall issue a final rule in its proceeding entitled `Standards for All Terrain Vehicles and Ban of Three-wheeled All Terrain Vehicles\'. `(2) CATEGORIES OF YOUTH ATVS- In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, may provide for a multiple factor method of categorization that, at a minimum, takes into account-- `(A) the weight of the ATV; `(B) the maximum speed of the ATV; `(C) the velocity at which an ATV of a given weight is traveling at the maximum speed of the ATV; `(D) the age of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV; and `(E) the average weight of children for whose operation the ATV is designed or who may reasonably be expected to operate the ATV. `(3) ADDITIONAL SAFETY STANDARDS- In the final rule, the Commission, in consultation with the National Highway Traffic Safety Administration, shall review the standard published under subsection (a)(1) and establish additional safety standards for all-terrain vehicles to the extent necessary to protect the public health and safety.

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    jonathan pearson, United States

    1 year ago Comments: Love 3 wheelers and always will love to ride them
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    3 years ago Comments: -
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