Industry fights against CPSC ROV mandates

The StaffNovember 26, 2014

ARRA, Polaris call for public’s help

On Oct. 29, the U.S. Consumer Product Safety Commission voted 3-2 to push forward a proposed rule for mandatory product standards for recreational off-highway vehicles (ROVs), specifically side-by-sides. Now industry organizations and Polaris are asking for help in fighting the rule.

According to a National Off-Highway Vehicle Conservation Council (NOHVCC) email, “The proposed rule, if ultimately approved, would limit the ability of ROV manufacturers to design vehicles to safely provide the level of performance that is expected by OHV enthusiasts. CPSC voted to move forward despite the fact that the proposed rule relies heavily on CPSC assumptions, rather than on scientific conclusions drawn from relevant testing or incident data. In addition, CPSC’s proposed rule would inappropriately apply standards developed for on-highway vehicles, without ensuring that those principles apply in off-highway environments. The rule also ignores the risk of unintended consequences for vehicle users.”

Opposition to the rule

Polaris said in a press release that the proposed rule would require OEMs to make arbitrary design changes to future side-by-sides that could include reduced steering response, reduced ground clearance and more restrictive driver and passenger restraint and seatbelt systems.

“Polaris opposes CPSC’s proposed mandatory standard because there are significant gaps in the data CPSC is using to support a mandatory rule, the proposed metrics and safety claims do not apply across all categories and models of ROV, and the proposed standard will actually lead to unintended safety consequences in off-road conditions,” the OEM reported in a release.

CPSC commissioner Joe Mahorovic, one of the two dissenters on the ruling, shared his opinion in a 3,100-word response.

“Because I have serious philosophical, legal and practical concerns about both the ends of this rulemaking and its means, I was compelled to vote against proposing the rule. We are proposing to regulate the product in order to control user behavior. I believe this action would be inconsistent with our mission ‘to protect the public against unreasonable risks of injury,’” he wrote. “Simply put, I do not believe that this product category presents an unreasonable risk of injury.”

Twelve U.S. senators also backed the industry, writing an Oct. 17 letter to the CPSC voicing their opposition to the proposed rule before the vote. The letter-writing effort was led by Democrat Amy Klobuchar of Minnesota and Republican Dean Heller of Nevada. Also signing the letter were senators Kelly Ayotte (R-NH), Ron Johnson (R-WI), Roy Blunt (R-MO), Mark Pryor (R-AK), Ted Cruz (R-TX), Marco Rubio (R-FL), Deb Fischer (R-NE), Al Franken (D-MN), Claire McCaskill (D-MO) and Joe Manchin (D-WV).

The senators asked that the CPSC consider voluntary standards developed by the Recreation Off-Highway Vehicle Association (ROHVA) and its OEM members, which were approved by the American National Standards Institute (ANSI).

An excerpt from that letter read, “We appreciate that the CPSC has decided to defer its vote on the pending NPRM for a week but we encourage the CPSC to take any additional time necessary so that CPSC staff may have adequate time to assess the adequacy of ANSI/ROHVA 1-2014. During this time we recommend that the CPSC staff and the industry reach an agreement on voluntary standards that adequately address the risk of injury concerning ROVs.”

ROHVA shared this statement about the voluntary standards and the CPSC’s reaction to those standards, “The American National Standards Institute (ANSI) last month approved a robust voluntary standard (ANSI/ROHVA 1-2014) for ROVs that addressed CPSC concerns. This updated standard was developed following several years of discussions with the CPSC regarding concerns the CPSC had expressed with the previous Standard (1- 2011). As of today, the CPSC has not fully or fairly considered the new ANSI/ROHVA 1- 2014 Standard.”

Polaris has launched StopTheROVMandate.com, a website dedicated toward educating the public about the CPSC’s proposed ROV rule.

Plea for support

Now that the proposed rule has moved forward, however, the industry is asking its peers, dealers and enthusiasts to take action.

Americans for Responsible Recreational Access (ARRA) is requesting that members contact their representatives in Congress to prevent the rule from being passed. The ARRA’s plea has been forwarded by the Motorcycle Industry Council and
NOHVCC. A button for contacting members of Congress has been placed on ARRA’s website.

Polaris has also launched a campaign, gathering business-to-business and consumer media on a Nov. 7 conference call in an effort to unify the industry against the proposed rule. The OEM also launched StopTheROVMandate.com, a site dedicated to explaining how the rule would affect the industry and Polaris’ stance on the issue. The site also features a 4-minute video about the CPSC rule and a “Take Action” button that delivers the user to the Polaris Public Policy Center site, which includes even more information. The OEM also sent an e-blast about the proposed ruling to its Polaris Off-Road e-newsletter subscribers on Nov. 10.

“As an off-road community, we have a tremendous challenge in front of us,” Paul Vitrano, VP, global government relations for Polaris, said in a press release. “As a unified community, we can protect our right to design, build and ride for today and the future.”

The ARRA and Polaris believe that by contacting members of Congress, anyone involved in the industry can make an impact and help stop the approval of the proposed rule. The proposed rule will be published shortly in the Federal Register, which will initiate a public comment period. The ARRA and MIC have reported that they will again be in contact with their membership once the public comment period opens.