Off the Beaten Path
Massachusetts’ ATV safety law
Lewis C. Howe, Executive Director
The Safety Institute, Inc.
Consumer Product Safety Commission
Oct.11, 2012
TSI’s interest in ATVs
The Safety Institute emphasizes injury prevention and product safety
as an important basis for a healthy and productive society and as a
vital component to reducing health care costs.
The TSI’s Survivors Network provides guidance and support to
survivors and their families following catastrophic injury. In addition it
advocates for the prevention of injuries and promotes product safety.
Members include Concerned Families for ATV Safety; and the Sean
Kearney Foundation.
ATVs are not for kids
– A deadly threat: Between 1995 and 2005, ATVs killed at least
1,218 children under age 16. These children account for 27
percent of all ATV-related deaths during this period. (Consumer
Product Safety Commission, 2005 Annual Report of All-Terrain
Vehicle (ATV)-Related Deaths and Injuries)
ATVs roll over easily
ATVs are not meant for passengers
ATVs can weigh up to 800 pounds
Uneven terrain or unforeseen obstacles can easily cause an
ATV to roll over.
A Landmark Law
Language of “Sean’s Law” (Chapter 202 of Massachusetts Acts of 2010)
Section 26. (a) (1) No person under 14 years of age shall operate an all terrain
vehicle or recreation utility vehicle. (Exceptions provided for snowmobiles and
motocross competitions)
(2) No person between 14 and 16 years of age shall operate an all-terrain
vehicle or recreation utility vehicle with an engine capacity greater than 90
cubic centimeters; provided, however, that a person between 14 and 16 years
of age may operate an all-terrain vehicle or recreation utility vehicle with an
engine capacity equal to or less than 90 cubic centimeters if directly
supervised by a person 18 years of age or older.
(b) No person aged 18 years of age or older shall knowingly permit another,
who is under the age of 18, to operate a snow vehicle or recreation vehicle in
his custody or under his control in violation of this chapter.
A winning team
The Kearneys—agreed to call it “Sean’s Law”
CDC Core Injury Prevention Program
Massachusetts Prevent Injuries Now! Network (ICPG)
Massachusetts General Hospital—Dr. Peter Masiakos
Children’s Hospital, Boston—Dr. Lois Lee
Concerned Families for ATV Safety—Carolyn
Anderson
Children’s Safety Network
SafeKids Massachusetts Chapters
American Academy of Pediatrics, MA Chapter
MA Medical Society
Key State legislators, bipartisan coalition.
Knowing the landscape
Our advocates successfully pushed for Sean’s Law using
multiple arguments attractive to legislators of all persuasions:
ATV safety is a children’s rights issue: any consumer product
that, when used as intended, can cause danger to the user is a
product that should not be available for sale.
A parents’ rights issue—outside of rural areas, many parents
often don’t know what ATVs are or how powerful they are.
A health care system cost containment issue—fewer serious
injuries, including TBIs, reduces costs for the care and recovery
of those injured.
Why keep ATVs away from kids?
The American Academy of Pediatrics (AAP) and American Academy of Orthopedic Surgeons
(AAOP) have adopted formal policies recommending that children under age 16 not drive ATVs.
According to AAP: “Laws should prohibit the use of ATVs, on- or off-road, by children and
adolescents younger than 16 years. An automobile driver’s license, and preferably some
additional certification in ATV use, should be required to operate an ATV.”(AAP, Policy Statement,
All-Terrain Vehicle Injury Prevention: Two-, Three-, and Four-Wheeled Unlicensed Motor Vehicles,
2000)
The American Academy of Orthopedic Surgeons states: “The American Academy of Orthopedic
Surgeons considers ATVs to be a significant public health risk. . . The minimum age of 16 for
operating an ATV on or off the road should be enforced.” (AAOS, Position Statement, All-Terrain
Vehicles, 1992)
Massachusetts was the first state to create a law based on these recommendations.
Courtesy, Concerned Families for ATV Safety
Encouraging results
In the
first full
year of
Sean’s
Law, 34
fewer
children
ages 1014 were
sent to
the ED
because
of injuries
sustained
on an
ATV.
FY
2004
2005
2006
2007
2008
2009
2010
2011
Ages
0-9
62
59
39
49
46
46
37
31
Ages
10-14
303
243
246
253
201
218
213
158
Ages
15-19
221
172
160
143
127
159
118
84
Off-Road Motor Vehicle Injuries by Trends in Massachusetts Emergency Department Discharges
Associated with Non-motorcyclist Age Subgroup, All Dispositions, All Persons and Age Groups
Hospitalization data for kids 0-14
Trends in Massachusetts Inpatient
Hospital Discharges Associated
with Non-motorcyclist Off-Road
Motor Vehicle Injuries by Age
Subgroup
Ages 0-14, by Fiscal Year
In the first year under
Sean’s Law, hospital
discharges for children 014 were reduced by
almost half.
FY 2004
30
FY 2005
25
FY 2006
20
FY 2007
21
FY 2008
23
FY 2009
19
FY 2010
20
FY 2011
11
Fewer Traumatic Brain Injuries
According to the MA Department of Public
Health, the number of ATV-related
traumatic brain injuries dropped during the
first year of Sean’s Law from 141 to 108, a
decrease of 21 percent.
Trends in Massachusetts Emergency Department Discharges Associated with Traumatic Brain
Injury Caused by Non-motorcycle Off-Road Motor Vehicle , All Dispositions, All Persons
Hospital discharges in MA, youth
ages 15-19
In 2009, 36 Massachusetts youth ages 15-19
were discharged from hospitals following ATVrelated injuries.
This number fell to 27 in 2010 and, after
passage of Sean’s law, dropped to just 13 in
2011.
More study is needed to determine the impact of
the law on these figures.
With better outreach and promotion of the law,
we hope for further reductions in injury rates.
Publicizing ATV safety laws is
neither difficult nor expensive
TSI has prepared the following 60 second
PSA on Sean’s Law and its impact.
http://www.youtube.com/watch?v=Rq8Rzl
oO9sc
The road ahead
Next Steps—In MA, TSI and its partners will work with MA DCR to
educate parents of ALL 10-14 year olds. Not just those who already
ride.
In Other states—redesign ATVs to make them safer, and discourage
passengers on ATVs.
Step up educational efforts to discourage unsafe and risky behavior.
Stop marketing ATVs to young children as fun toys!!!
Questions or Comments
Lewis C. Howe
Executive Director
The Safety Institute, Inc.
340 Anawan Street
Rehoboth, MA 02749
www.thesafetyinstitute.org