WASHINGTON, D.C. – June 27, 2023 – (Motor Sports NewsWire) – The U.S. Consumer Product Safety Commission (CPSC) has decided to end the All-Terrain Vehicle (ATV) Safety Plan of EGL Motor Inc. This decision renders EGL’s importation or distribution of its ATVs in the United States illegal.
ATV-associated fatalities persist as one of the major causes of deaths related to consumer products, with children under the age of 16 facing an exceptionally high fatality risk (3,353 fatalities of children under age 16, from 1982 to 2018). Before introducing ATVs into the U.S. market, manufacturers, importers, or distributors are obliged to have an ATV Safety Plan approved by the Commission. These plans define federal legal mandates intended to safeguard users and reduce the risk of injury and death, particularly among young riders, by prohibiting the use of ATVs that are unsuitable for their age group.
On October 30, 2017, the Commission endorsed EGL’s ATV Safety Plan.
EGL Motor has been served multiple Notices of Violations by the CPSC for their consistent disregard of federal ATV stipulations. These violations comprise:
- Neglecting to ensure ATVs, which reach speeds reserved for adult category ATVs, are not advertised or sold to younger riders.
- Failing to uphold mandatory ATV safety standards, encompassing, but not limited to, speed, parking brake, and handlebar requirements.
- Neglecting to promptly submit the outcomes of its dealer monitoring program, a mechanism designed to guarantee dealers provide suitable age recommendations and disseminate safety materials. Since 2022, EGL Motor and the CPSC have initiated three recalls for nearly 7,400 units of EGL-branded and Ace-branded youth ATVs due to risks of injury and non-compliance with the federal mandatory ATV safety standard.
Owing to EGL’s inability to fulfill its Safety Plan obligations, the Commission, on June 21, 2023, decided to terminate EGL’s Safety Plan. The decision is based on EGL’s continuous disregard for the plan’s requirements, its failure to meet its own obligations, and frequent breaches of the mandatory safety standard ANSI-SVIA 1-2017. ATVs that do not comply with the mandatory safety standards pose serious risks of injury and death.
The decision was passed by a Commission vote of 3-1.
The Consumer Product Safety Commission (CPSC) has the authority to terminate action plans in order to protect the public for a few reasons:
- Changing Risks: Over time, the nature of consumer product risks can evolve. If an action plan is no longer addressing the current risks, the CPSC may decide to terminate it and implement a new one that is more relevant and effective.
- Ineffectiveness: If the CPSC evaluates an action plan and finds it ineffective at mitigating risks or preventing harm to the public, it may choose to terminate the plan. It’s essential for the CPSC to ensure that their strategies are working as intended.
- New Information or Data: Sometimes, new information or data becomes available that changes the understanding of a risk. If this happens, the CPSC may need to terminate an action plan and develop a new one based on the updated information.
- Resource Allocation: The CPSC, like any agency, has limited resources. If an action plan is consuming resources but not providing adequate protection to the public, the CPSC may terminate it in favor of a more efficient and effective plan.
- Regulatory Compliance: If a company is found to be in compliance with regulations and is effectively managing the identified risk, the CPSC may decide to terminate an action plan.
The CPSC’s primary goal is to protect the public from risks associated with consumer products. Therefore, it must regularly evaluate and adjust its strategies, including terminating action plans when necessary, to fulfill this mission effectively.
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