The CPSC has begun a rulemaking process under the Consumer Product Safety Act to consider whether there may be unreasonable risks of injury and death associated with recreational off-highway vehicles. ROVs are motorised vehicles having four or more low pressure tyres designed for off-road use and intended by the manufacturer primarily for recreational use by one or more persons. ROVs have a maximum speed greater than 30 miles per hour and include a steering wheel for steering control, foot controls for throttle and braking, a bench or bucket seat, a rollover protective structure and a restraint system. Although similar in configuration to some light utility vehicles and golf carts, ROVs differ from these vehicle classes in that they are able to reach speeds greater than 30 mph. Furthermore, ROVs are more likely than utility vehicles to be used recreationally in an off-road environment.

According to the CPSC, these vehicles are a relatively new product in the motorised off-road vehicle category and their speed and design makes them distinct from other vehicles such as all-terrain vehicles, light utility vehicles and golf carts. In fact, the first ROV was imported into the U.S. in the late 1990s and more than a dozen manufacturers and importers have entered the market since 2003, especially during the past two years. The CPSC estimates that more than 126,000 ROVs were sold by more than a dozen different manufacturers or distributors in 2008, up from less than 2,000 units in 1998 and some 20,000 units in 2003.

The CPSC received 181 reports of ROV-related injuries and fatalities occurring between January 2003 and August 2009 that resulted in 116 fatalities and 152 injuries. The most frequent incident involved the overturning of an ROV without a prior collision, while the collision of an ROV with either a stationary object or another motor vehicle ranked second in occurrence.  Based on preliminary evaluations of tests performed by CPSC staff during November 2008 to January 2009, the CPSC believes that improved lateral stability and vehicle handling can reduce some of the rollover-related incidents while improved occupant retention and protection (including improved occupant use of seat belts) can reduce some of the occupant ejections associated with ROV rollover and collision.

According to CPSC staff, a vehicle’s static stability factor (i.e., the ratio of the vehicle’s track width to twice the height of its centre of gravity), vehicle handling and occupant retention and protection are the three factors with the greatest impact on occupant safety. The SSF values for the ROV models (with two occupants) tested by CPSC staff ranged from 0.84 to 0.92, which is far lower than the range for automobiles. CPSC staff believes that this SSF range is inadequate for a vehicle that is specifically designed to traverse conditions, such as uneven terrain and slopes, that present an even greater rollover hazard to vehicles than level, on-road conditions. CPSC staff is also of the opinion that ROVs should exhibit understeer characteristics that are similar to those of automobiles but notes that some ROV models exhibit severe oversteer features. In addition, agency staff considers that ROV occupants may be better restrained in vehicles where the occupant seating location is significantly lower within the vehicle and the vehicle provides a physical shoulder guard on both the passenger’s and driver’s sides that helps keep the occupant’s upper torso within the vehicle.

The Recreational Off-Highway Vehicle Association, which includes four ROV manufacturers, issued a draft voluntary standard for ROVs in June 2009 but the CPSC believes that standard does not fully address all safety issues presented by these vehicles. Specifically, the CPSC is concerned that the voluntary standard proposes low tilt angles as a lateral stability requirement, defines stability coefficients for an unoccupied vehicle, fails to address vehicle handling, and fails to address occupants coming out of a vehicle during a rollover event. Among other things, CPSC staff believes that the lateral stability requirement for ROVs should be in the 1.03 to 1.45 SSF range in an occupied configuration.

Accordingly, the CPSC has preliminarily determined that the draft voluntary standard for ROVs will not adequately address the deaths and injuries associated with ROV rollovers and collisions and is seeking information and comments by 28 December on regulatory alternatives to address these risks.