The U.S. Consumer Product Safety Commission today announced that it has approved final consent decrees negotiated between the Department of Justice and representatives of the All-Terrain Vehicle (ATV) industry. The proposed settlements were approved by a vote of 2 to 1, with Commissioner Anne Graham dissenting.
The final consent decrees, which are being filed today in' the U.S. District Court for the District of Columbia, and must be approved by the Court, are interested to settle allegations . contained in the governments Complaint filed on December 30, 1987, against the following defendants:
Honda Motor Co., Ltd. American Honda Motor Co. Honda Research & Development Yamaha Motor Co., Ltd. Yamaha Motor Corp., U.S.A. Suzuki Motors Co., Ltd. U.S. Suzuki Motor Corp., U.S.A. Kawasaki Heavy Industries, Ltd. Kawasaki Motor Corp., U.S.A. Polaris Industries, Inc. The government alleged in its Complaint that ATVs constitute an imminent hazard within the meaning of section 12 of the Consumer Product Safety Act. The government has agreed to two final consent decrees, one with Polaris, and the other with the remainder of the defendants. Although that two decrees are intended to accomplish the same objectives, Polaris was permitted to enter into *separate decree because of the small size of their business and the differences in their marketing practices. The final consent decrees contain far reaching and comprehensive relief designed to reduce the risk of injury. associated with ATV usage. This relief includes:
-A continued stop sale of three-wheeled ATVs.
-The implementation of agreed upon nation-wide training program. Training will be provided free of charge to all future purchasers of ATVs and members of their immediate families, and to all purchasers and members of their immediate families who purchased one of the defendants' ATVs after January 1, 1987.
-The implementation of a public awareness campaign costing approximately $8,500,000 and consisting of print and network, cable and spot television advertising.
-The development and implementation of improved labeling, owner's manuals and point of purchase materials designed to effectively inform ATV operators of the hazards associated with ATV usage.
-The implementation of a toll-free ATV hotline service to respond to consumer inquiries.
-The implementation of an outreach program to disseminate safety materials to consumer groups.
-Agreed upon age recommendations for operating ATVs to prevent young children, who are at greatest risk, from riding the wrong sized ATVs.
The final consent decrees will be in effect for a term of ten years. The decrees include the relief recommended by the ATV Task Force, which was created by the Commission to study the ATV problem and to make recommendations which, if carried out, would result in a reduction of the unreasonably high rate of death and injury associated with the use of these products.
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