S.Amdt. 2189Senate109th Congress (2005-2007)

To improve the safety of all-terrain vehicles in the United States.

What it does: Adds SEC. __. ALL-TERRAIN VEHICLES wherever appropriate
Submitted October 20, 2005

What it changes

1 change to H.R. 3058

Adds a section
  1. Adds SEC. __. ALL-TERRAIN VEHICLES wherever appropriate

    Adds a section

    Inserted: SEC. __. ALL-TERRAIN VEHICLES.

    Inserted: (a) In General.--Notwithstanding any other provision of law, it is unlawful for any manufacturer or wholesale distributor to distribute in commerce in the United States any new assembled or unassembled ATV unless--

    Inserted: (1)(A) with respect to an ATV designed for use by single operator only, such ATV complies with any applicable provision of--

    Inserted: (i) the American National Standard for Four Wheel All-Terrain Vehicles - Equipment, Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA-1-2001);

    Inserted: (ii) a revision of such Standard; or

    Inserted: (iii) a mandatory rule promulgated by the Consumer Product Safety Commission; or

    Inserted: (iv) such alternative standard that may be accepted by the commission; or

    Inserted: (B) with respect to an ATV designed for use by an operator and passengers, such ATV complies with any applicable provisions of any future American National Standard developed for such vehicles or such alternative standard that may be accepted by the commission;

    Inserted: (2) with respect to an ATV, it is subject to or covered by a letter of undertaking or an ATV action plan that is sent not more than 30 days after the date of enactment of this Act--

    Inserted: (A) applies to such ATV;

    Inserted: (B) includes actions to promote ATV safety; and

    Inserted: (C) has been approved by the Commission and is substantially implemented at the time of the distribution in commerce of such ATV; and

    Show 6 more inserted paragraphs

    Inserted: (3) such ATV bears a permanent label certifying that it complies with the provisions of paragraphs (1) and (2).

    Inserted: (b) Definitions.--In this section:

    Inserted: (1) ATV.--The term "ATV" means any motorized, off-highway, all-terrain vehicle designed to travel on 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control and does not include a prototype of an motorized, off-highway, all-terrain vehicle or other off-highway, all-terrain vehicle that is intended exclusively for research and development purposes.

    Inserted: (2) Commission, distribution in commerce, to distribute in commerce, united states.--The terms "Commission", "distribution in commerce", "to distribute in commerce", and "United States" have the meaning given those terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).

    Inserted: (c) Violation of CPSA.--Any violation of subsection (a) shall be considered to be a prohibited act within the meaning of section 19 of the Consumer Product Safety Act (15 U.S.C. 2068) and shall be subject to the penalties and remedies available for prohibited acts under the Consumer Product Safety Act.

    Inserted: (d) Effective Date.--This section shall become effective 90 days after the date of the enactment of this Act.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the appropriate place, insert the following:

SEC. __. ALL-TERRAIN VEHICLES.

(a) In General.--Notwithstanding any other provision of law, it is unlawful for any manufacturer or wholesale distributor to distribute in commerce in the United States any new assembled or unassembled ATV unless--

(1)(A) with respect to an ATV designed for use by single operator only, such ATV complies with any applicable provision of--

(i) the American National Standard for Four Wheel All-Terrain Vehicles - Equipment, Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA-1-2001);

(ii) a revision of such Standard; or

(iii) a mandatory rule promulgated by the Consumer Product Safety Commission; or

(iv) such alternative standard that may be accepted by the commission; or

(B) with respect to an ATV designed for use by an operator and passengers, such ATV complies with any applicable provisions of any future American National Standard developed for such vehicles or such alternative standard that may be accepted by the commission;

(2) with respect to an ATV, it is subject to or covered by a letter of undertaking or an ATV action plan that is sent not more than 30 days after the date of enactment of this Act--

(A) applies to such ATV;

(B) includes actions to promote ATV safety; and

(C) has been approved by the Commission and is substantially implemented at the time of the distribution in commerce of such ATV; and

(3) such ATV bears a permanent label certifying that it complies with the provisions of paragraphs (1) and (2).

(b) Definitions.--In this section:

(1) ATV.--The term “ATV” means any motorized, off-highway, all-terrain vehicle designed to travel on 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control and does not include a prototype of an motorized, off-highway, all-terrain vehicle or other off-highway, all-terrain vehicle that is intended exclusively for research and development purposes.

(2) Commission, distribution in commerce, to distribute in commerce, united states.--The terms “Commission”, “distribution in commerce”, “to distribute in commerce”, and “United States” have the meaning given those terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).

(c) Violation of CPSA.--Any violation of subsection (a) shall be considered to be a prohibited act within the meaning of section 19 of the Consumer Product Safety Act (15 U.S.C. 2068) and shall be subject to the penalties and remedies available for prohibited acts under the Consumer Product Safety Act.

(d) Effective Date.--This section shall become effective 90 days after the date of the enactment of this Act.

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Senate amendment submitted

October 20, 2005

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Senate amendment submitted

October 20, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 2189 proposed by Senator Bond for Senator Coleman.(consideration: CR S11640-11642; text: CR S11641)

October 20, 2005

Floor

Senate amendment agreed to: Amendment SA 2189 agreed to in Senate by Unanimous Consent.

October 20, 2005

Floor

Amendment SA 2189 proposed by Senator Bond for Senator Coleman. (consideration: CR S11640-11642; text: CR S11641) To improve the safety of all-terrain vehicles in the United States.

October 20, 2005

Floor

Amendment SA 2189 agreed to in Senate by Unanimous Consent.

October 20, 2005