Consumer Product Safety Commission Investigates UTVs

According to a story in the Wall Street Journal, the US Consumer Product Safety Commission(CPSC) has started an investigation into UTVs like the Yamaha Rhino and similar vehicles from other manufacturers. There have been 30 deaths reported involving the Rhino and the company has had more than  200 lawsuits filed against it related to the vehicle. There currently aren’t any safety standards for these type of vehicles  because they are essentially a new class of vehicle. According to the article:

They aren’t subject to ATV safety standards because of design differences such as having a steering wheel, in contrast to the ATVs’ handlebars. But the novel off-road vehicles also aren’t subject to the much-tougher standards for cars. Owners of UTVs don’t have to register them.

“When there is no standard in place, we have to basically determine if there’s a substantial risk of injury and death, and there’s a hurdle there that has to be met,” says Jay Howell, acting assistant executive director of the CPSC’s office of hazard identification and reduction.

This is how consumer regulation often works: Products hit the market governed by no particular safety standards. If injury reports later arise concerning a product, these gradually get the attention of both manufacturers and regulators — often with a spur from lawyers for those injured.

Based on figures provided by Power Sports Marketing for the article, approximately 150,000 Rhinos have been sold since 2003. Yamaha incurred a charge of $136 million in 2007 related to potential product liability expenses. Last month, most of the leading manufacturers of UTVs (Arctic Cat, BRP, Honda, Kawasaki, Polaris, and Yamaha) started the Recreational Off Highway Vehicle Association which has put out a set of safety rules and received ANSI accreditation to develop standards for the vehicles which they now refer to as Recreational Off-highway Vehicles (ROV).

Ontario To Allow Low Speed Vehicles

Ontario will allow low speed vehicles on public roads as long as they have certain safety features. According to a press release from the Ontario Ministry of Transportation

Low-speed electric vehicles can be driven safely on public roads as long
as they include a number of additional safety requirements and follow
appropriate road restrictions, according to a National Research Council study
released today by the Ontario government.

The list of additional safety requirements based on the National Research Council study includes:

• Windshield wipers
• Windshield defogger and heating system
• Doors
• Three-point seat belts
• Slow-moving vehicle identification emblem
• Seat belt anchors
• Brakes on all four wheels
• Federal standards for occupant protections
• Safety glass on all windows
• Only permitted on roads with a speed limit of 50 km/h or less
• Infants and children may not be permitted to ride in an LSV

The complete report from the National Research Council should be available here (pdf) but the link was not working as of this posting.

Road Use Regulation Round Up

Cities across the country continue to both pass or reject ordinance regarding LSVs and golf cars. A number of common issues keep surfacing including:

• Safety concerns when mixing LSVs with larger & faster vehicles
• Legality of crossing over state highways
• Allowing golf cars on public roads and grouping these vehicles together with LSVs

On the last point, I believe the LSV manufacturers will need to do a better job differentiating themselves from golf cars. You often hear LSVs/NEVs referred to as “glorified golf carts” or a similar moniker. This only creates confusion and blurs the real safety differences between the two different types of vehicles. This melding of vehicle types and their perceived level of safety, often attributing LSVs with a golf cart level of safety, ultimately makes it harder to pass ordinances allowing LSV use on city streets.

Commerce City, CO – approved revised ordinance allowing the use of NEVs
Deer Park, WA – repealed ordinance allowing golf cars to be operated on city streets
Berthoud, CO – passed ordinance allowing NEVs on the road
Loveland, CO – considering NEV ordinance
Stuart City, FL – failed to pass an ordinance that would allow LSVs and golf cars on designated streets. There were concerns about safety and access because the vehicles cannot cross state highways.
Bismarck, ND – passed ordinance allowing use of LSVs on certain streets
Zion, Il – ordinance allowing the use of LSVs on hold until the city can resolve questions about insurance for the vehicles
Bainbridge, GA – considering ordinance that would allow the use of golf cars on streets
Winter Garden, FL – six month trial period allowing the use of golf cars on city streets

Wausau, WI – the state DOT rejected an ordinance for LSVs, needing to examine state highway crossovers more closely

Canyonville, OR and Ocean City, NJ have moved to forbid the use of golf cars on city streets

Electric Mobility Canada Responds To LSV Safety Concerns

In a recent press release Electric Mobility Canada responded to recent attacks on the safety of LSVs. The following excerpt provides some data on LSV safety performance in the real world.

Low-speed electric vehicles are statistically amongst the safest classes of vehicles in the world. A single manufacturer Reva, who sell their low speed electric vehicles throughout Asia and Europe and have amassed over 50 million kilometres in mixed use environments, report that there have been no associated fatalities with this particular vehicle. Similarly, with over 10 years of statistical data available from the United States, and a fleet of over 45, 000 low-speed electric vehicles in operation on public roads there have no associated fatalities with this class of vehicle.

Electric Mobility Canada is a national membership-based not-for-profit organization dedicated exclusively to the promotion of electric mobility as a readily available and important solution to Canada’s emerging energy and environmental issues.

NEV Study Shows Positive Results

An evaluation(pdf) published earlier this year of Lincoln City’s NEV transportation plan which was initiated in 2006 yielded positive results including a general reduction automobile speeds and no reports of any accidents with the vehicles. The evaluation was carried out by California State University, Sacramento.

LSV/NEV And Golf Cart Safety Concerns

While many municipalities are passing regulations allowing LSV use there is also an undercurrent of safety concerns related to the vehicles.

• NEV safety concerns – A few employees working for the city of Alameda have refused to use NEVs because they believe them to be unsafe.
• Keeping with state law, Elmhurst will not allow the use of neighborhood electric vehicles on its streets. Acting on a recommendation from the Elmhurst Police Department, the Public Affairs and Safety Committee decide Monday that the low-speed, battery-powered vehicles could pose a safety hazard on Elmhurst’s arterial roads.
• In Perry, GA the town council voted to restrict the use of LSVs to subdivisions out of a concern for safety.
• Pawleys Island, South Carolina outlawed the use of low speed vehicles on the island over congestion and safety concerns and to be consistent with a previous ordinance outlawing the use of golf cars on island streets.
• In June Connecticut passed a law outlawing the use of golf carts on public roads unless they are crossing the road to get from one part of the course to another.
• Delaware, OH City council declined to pass legislation that would allow golf carts and LSVs on their roads.