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H.R. 999 (114th): ROV In-Depth Examination Act

The text of the bill below is as of Feb 13, 2015 (Introduced).


I

114th CONGRESS

1st Session

H. R. 999

IN THE HOUSE OF REPRESENTATIVES

February 13, 2015

(for himself, Mr. Peterson, Mr. Paulsen, Mr. Harper, Mr. Duffy, Mr. Stewart, Mr. King of Iowa, Mr. Simpson, Mr. Benishek, Mr. Kline, Mr. Zinke, Mr. Olson, Mrs. Noem, Mr. Amodei, and Mr. Stivers) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To direct the Consumer Product Safety Commission and the National Academy of Sciences to study the vehicle handling requirements proposed by the Commission for recreational off-highway vehicles and to prohibit the adoption of any such requirements until the completion of the study.

1.

Short title

This Act may be cited as the ROV In-Depth Examination Act.

2.

Recreational off-highway vehicle standards study

(a)

No mandatory standards regarding performance or configuration of ROVs

(1)

In general

The Consumer Product Safety Commission shall have no authority to establish any standards concerning the performance or configuration of recreational off-highway vehicles until after the completion of the study required by subsection (b). This prohibition includes a prohibition on the exercise of any authority pursuant to section 27(e) of the Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV manufacturers to provide performance and technical data to prospective purchasers and to the first purchaser of an ROV for purposes other than resale.

(2)

Voluntary standards

Nothing in this section shall be construed as suggesting that ROVs shall not be manufactured in compliance with applicable voluntary standards.

(b)

Study

(1)

In general

The Commission shall contract with the National Academy of Sciences to determine—

(A)

the technical validity of the lateral stability and vehicle handling requirements proposed by the Commission in a notice of proposed rulemaking published in the Federal Register November 19, 2014 (79 Fed. Reg. 68964), for purposes of reducing the risk of ROV rollovers in the off-road environment, including the repeatability and reproducibility of testing for compliance with such requirements;

(B)

the number of ROV rollovers that would be prevented if the proposed requirements were adopted;

(C)

whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a vehicle’s rollover resistance on a progressive scale; and

(D)

the effect on the utility of ROVs used by the Armed Forces if the proposed requirements were adopted.

(2)

Consultation and deadline for report

The National Academy of Sciences shall consult with the National Highway Traffic Safety Administration and the Department of Defense in carrying out the study required by this subsection. The National Academy of Sciences shall complete and transmit to the Commission a report containing the findings of the study not later than two years after the date of enactment of this Act.

(3)

Report to Congress

Within five days of receiving the report described in paragraph (2) from the National Academy of Sciences, the Commission shall transmit the report, along with any comments of the Commission, to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Commerce, Science and Transportation of the Senate.

(4)

Consideration

The Commission shall consider the results of the study in any subsequent rulemaking regarding the performance or configuration of ROVs, or the provision of point-of-sale information regarding ROV performance.

(c)

Definitions

As used in this section:

(1)

Commission

The term Commission means the Consumer Product Safety Commission.

(2)

Recreational off-highway vehicle

The term recreational off-highway vehicle or ROV means a motorized off-highway vehicle designed to travel on four or more tires, intended by the manufacturer for recreational use by one or more persons and having the following characteristics:

(A)

A steering wheel for steering control.

(B)

Foot controls for throttle and service brake.

(C)

Non-straddle seating.

(D)

Maximum speed capability greater than 30 miles per hour.

(E)

Gross vehicle weight rating no greater than 3,750 pounds.

(F)

Less than 80 inches in overall width, exclusive of accessories.

(G)

Engine displacement equal to or less than 61 cubic inches for gasoline fueled engines.

(H)

Identification by means of a 17-character personal or vehicle information number.

(3)

Exclusion

Such term does not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.