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ATV Action Plans

 

It is unlawful for an all-terrain vehicle (ATV) manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled ATV, unless the ATV is subject to an Action Plan on file with the Commission and the manufacturer/distributor complies with all provisions of the Action Plan (as well as all provisions of the ANSI/SVIA 1-2017 standard for ATVs). Action Plans must be approved by the Commission.

Section 42(e)(2) of the CPSA (as amended by the CPSIA) states that an "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)."

ATV Action Plans may be submitted to the Commission electronically in PDF format to ATVReportsRegulatedCMT@cpsc.gov or mailed to:

                    Office of the Secretary
                    Office of the General Counsel
                    U.S. Consumer Product Safety Commission
                    4330 East West Highway, Suite 820
                    Bethesda, MD 20814

In order for CPSC to accurately assess the ability for the applying firm to fulfill the terms of its proposed ATV action plan, CPSC staff generally requests additional supporting information and documentation. Responses should be organized by numbered request and submitted along with the proposed ATV action plan. The information requested is as follows:

Contact Information

  1. Provide contact information (including address, phone number, and email) for the firm’s corporate headquarters and any other offices, and state the number of employees at each location.
  2. Provide the website for the firm.
  3. Provide the names, titles, and contact information for each of the firm’s corporate officers. Also provide contact information (including address, phone number, and email) for at least two other individuals to whom CPSC can speak to regarding the firm.
  4. Provide the names and contact information (including address, phone number, and email) for any parent, subsidiary, or otherwise affiliated company or organization related to the firm.

Corporate Information

  1. Provide the state of [incorporation] [formation], date of [incorporation] [formation], and evidence that the firm is in good standing.
  2. Provide a description of the firm’s business, including business experience and qualifications of your corporate officers; history of the firm; total revenues; total debts; and total number of products imported and/or sold.
  3. Provide a copy of the firm’s business plan as it relates to ATVs.
  4. Provide your importer of record number(s).
  5. Provide any financial documents that reflect the firm’s financial solvency and ability to carry out the obligations set forth in its proposed ATV action plan, including income statements, balance sheets, cash flow statements, and tax return forms for the past three years and any part of the current year. Please include current loan documents and any operating plans not included in your response to Request 7.

ATV Specific Information

  1. Provide the names and contact information (including address, phone number, and email) of all ATV manufactures, importers, distributors, or retailers with whom the firm will partner.
  2. State whether any corporate officer or other affiliate of the firm has ever been involved, on a formal or informal basis, with another ATV firm. If so, please provide the name of the other ATV firm, and explain the dates and the nature of the relationship.
  3. State whether any corporate officer or other affiliate of the firm have prior experience with the process for obtaining approval of an ATV action plan. If so, please explain.
  4. Provide any documents reflecting the firm’s current membership in any ATV safety organization, such as the ATV Safety Institute (“ASI”) and/or the Specialty Vehicle Institute of America (“SVIA”). If the firm is not currently a member of any such organization, please state why.
  5. Provide documentation describing the ATVs that the firm plans to manufacture, import, or distribute including all model names/numbers, product specifications, owner’s manuals, technical drawings, and test reports to show compliance with CPSC requirements and the ANSI/SVIA 1-2017 ATV standard.
  6. Provide a list of the age categories for each model ATV the firm intends to manufacture, import, or distribute. Include any age grade analysis conducted by the manufacturer to validate that the products are appropriately sized for the targeted audience and accurately align with the ATV age categories defined in the ANSI/SVIA 1-2017 ATV standard.

 

Additional Information


Active Action Plans

The following companies have current, active ATV action plans on file with CPSC. The Commission began approving ATV action plans that were submitted after August 13, 2008. Prior to that date, companies submitted “Letters of Undertaking” to CPSC.

 

Terminated Action Plans

The following companies have ATV action plans that have been terminated.

  • 3Z Scale International (Terminated March 30, 2021)
  • AHA Motorsports, Inc. (Terminated January 31, 2022)
  • Barefoot Motors LLC (Terminated September 30, 2011)
  • Baja, Inc. d/b/a Baja Motorsports (Terminated March 7, 2016)
  • BMX Imports, Inc. (Terminated September 30, 2011)
  • Cannondale Corporation (Terminated March 30, 2021)
  • Carter Brothers Manufacturing Co., Inc. (Terminated March 30, 2021)
  • El Sol Trading, Inc. (Terminated February 25, 2014)
  • ETON America, LLC (Terminated March 11, 2015)
  • Fuzion Motors, LLC
  • Galaxy Powersports, LLC d/b/a JCL International, LLC (Terminated March 11, 2014)
  • Gibbs Sports Amphibians (Terminated September 30, 2016)
  • IRBIS USA, Inc. (Terminated March 30, 2014)
  • Jianshe USA, Inc. (Terminated March 30, 2021)
  • Kandi USA, Inc., and Amendment (Terminated May 10, 2016)
  • KTM North America, and Amendment (Terminated September 30, 2016)
  • Metal Motorsports, Inc. (Terminated June 18, 2013)
  • NST, Inc. (Terminated December 10, 2012)
  • PowerGroup International LLC (Terminated February 25, 2014)
  • Shenke USA, Inc. (Terminated August 29, 2012)
  • SunL Group, Inc. (Terminated March 29, 2011)
  • Sirius Recreational Products LLC (Terminated June 27, 2013)
  • Taotao USA, Inc., and Amendment (Terminated December 21, 2016)
  • Tomoto Industries, Inc. (Terminated August 30, 2011)
  • Wildfire Motors (Terminated June 25, 2013)
  • ZAP Corporation (Terminated August 28, 2013)

Contact

  • CPSC Small Business Ombudsman: email using contact form or by phone at (888) 531-9070
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