New Legislation Lacking Amid ATV Dangers to Youth

In February 2017, People.com reported the 8-year-old daughter of Jamie Lynn Spears was hospitalized after an ATV accident in which the vehicle flipped over and pinned her under water. Dangerous accidents have happened to Ozzy Osborne and other celebrities. However, the risks to children cannot be understated, as thousands of children are injured every year, according to the Consumer Product Safety Commission.

The American Academy of Pediatrics, a network of over 68,000 physicians and professionals, expressed concerns that month about child deaths and injuries involving all-terrain vehicles. It even cited the incompleteness of statistics from the CPSC, noting action was needed despite a lag between the reports and occurrence of ATV-related deaths.

Regulating Child Use of ATVs

The news of regulation of the use of all-terrain vehicles by children is surprisingly light given the incidence of death and serious injuries. Applying to youth under 16, The Pennsylvania Vehicle Code provides four regulations under Chapter 77. It states that:

• Individuals under 16 years old are forbidden from driving an ATV on a highway without a safety certificate or supervision of an adult over 18.
• Children under 8 cannot drive one on state-owned land.
• Riders 8 or 9 years old are restricted to driving all-terrain vehicles with engines that are 70 cc or less.
• Those between 8 and 16 can use an ATV only if they do so on lands their parent or legal guardian own/lease. Otherwise, they must be accompanied by a certified safety instructor, completed a training course, or have a certificate.

A Pattern of Increasing Child ATV Deaths

The number of fatalities involving children due to ATV crashes, fires, and explosions is so concerning the American Academy of Pediatrics issued a report in February 2017. It was issued following the release of the 2015 Annual Report of ATV-Related Deaths and Injuries by the CPSC, which details the statistics from the latest year information is available from. In 2014, 11,400 children under 12 sustained serious injuries from all-terrain vehicle accidents, and 13,400 did in 2015.

In March 2014, the Consumer Federation of America (CFA) released a report on the use of ATVs on roads. “ATVs on Roadways: A Safety Crisis” covers the increasing use and permission by states for riders to use public paved roads, and the dangers to consumers and the public. The CFA and AAP have also called for models targeting young riders to be discontinued by manufacturers. Laws pertaining to children riding, and other aspects of operating all-terrain vehicles, vary with every state. In Minnesota, people under 18 can ride with a DOT certified helmet, and kids under 10 can legally drive one if it’s on private property and permission is granted by the owner. If a child receives hands-on safety training, parents or guardians must be present. In May, Indiana passed a law that requires children under 18 to wear a helmet, or violators can face a $500 penalty. The law follows the death of an 11-year-old girl in 2015, who was not wearing a protective helmet.

Not all states, however, have strict rules on helmet use. The Chicago Tribune reported in July 2015 that no restrictions on helmet use, age, or number of passengers were in place. Federal laws don’t exist regarding the use of ATVs. By April 2017, Jasper County had been considering allowing them on public county roads, with no posted speed limits, if riders inspect them for safety. The proposed local rule would allow for lights, turning indicators, and law enforcement inspections of vehicles.

Aside from helmet laws and statutory guidelines for children riding all-terrain vehicles, legislation to address the frequency of injuries and deaths has been sparse. Despite the design and primary use for unpaved roads, only 19 percent of ATV accidents occur there, per CPSC statistics. Crashes on paved roads and in urban areas are affecting kids, and fires and explosions are just some of the risks they face without adequate protection and training.