Issue link: https://read.dmtmag.com/i/422004
www.PowersportsBusiness.com NEWS Powersports Business • December 1, 2014 • 9 those principles apply in off-highway environ- ments. The rule also ignores the risk of unin- tended consequences for vehicle users." OPPOSITION TO THE RULE Polaris said in a press release that the pro- posed rule would require OEMs to make arbitrary design changes to future side- by-sides that could include reduced steer- ing response, reduced ground clearance and more restrictive driver and passenger restraint and seatbelt systems. "Polaris opposes CPSC's proposed man- datory 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 catego- ries 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 behav- ior. I believe this action would be inconsis- tent 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 Minne- sota 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 con- sider 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 vol- untary standards that adequately address the risk of injury concerning ROVs." ROHVA shared this statement about the voluntary standards and the CPSC's reac- tion to those standards, "The American National Standards Institute (ANSI) last month approved a robust voluntary stan- dard (ANSI/ROHVA 1-2014) for ROVs that addressed CPSC concerns. This updated standard was developed following several years of discussions with the CPSC regard- ing concerns the CPSC had expressed with the previous Standard (1- 2011). As of today, the CPSC has not fully or fairly con- sidered the new ANSI/ROHVA 1- 2014 Standard." PLEA FOR SUPPORT Now that the proposed rule has moved for- ward, however, the industry is asking its peers, dealers and enthusiasts to take action. Americans for Responsible Recreational Access (ARRA) is requesting that mem- bers contact their representatives in Con- gress 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 con- sumer 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, any- one 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 Regis- ter, 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. PSB CPSC CONTINUED FROM COVER RESOURCES Americans for Responsible Recreational Access www.arra-access.com Polaris' Stop the Mandate site www.StopTheROVMandate.com ROHVA's statement regarding the CPSC's proposed rule http://bit.ly/ROHVAstatement The full text of the letter sent by senators to the CPSC http://bit.ly/AyotteLetter The CPSC's 592-page ROV rule briefing package http://bit.ly/CPSC_ROVbriefing