SNOWMOBILE SAFETY - The Snowmobile Safety and Certification

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SNOWMOBILE SAFETY

AND

CERTIFICATION PROGRAM

Sponsored by

Snowmobile Safety and Certification Committee, Inc.

1640 Haslett Road, Suite 170

Haslett, Michigan 48840

(Revised March 2013)

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SNOWMOBILE SAFETY

AND

CERTIFICATION PROGRAM

Sponsored by

Snowmobile Safety and

Certification Committee, Incorporated

1640 Haslett Road, Suite 170

Haslett, Michigan 48840

Revised March 2013

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PART I

PROCEDURAL GUIDE

SNOWMOBILE SAFETY AND CERTIFICATION PROGRAM

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SECTION I -- THE PROGRAM

1. Program Sponsor

SNOWMOBILE SAFETY AND CERTIFICATION COMMITTEE

INCORPORATED, hereinafter referred to as SSCC, is the sponsor of the program.

2. Independent Testing Laboratory

A recog nized testing laboratory is hereinafter referred to as “Laboratory”.

3. Participants

All manufacturers who manufacture products for which SSCC has approved applicable safety standards may participate in the program. All participation will be subject to the fee schedule described in Part I, Section V. A participant in the program is hereinafter referred to as “Manufacturer”.

Any manufacturer who desires to participate in the program may apply to the

Administrator. The procedure for initial qualification of products is outlined in

Part I, Section III.

The provision in “Application for Authorization to Use Safety Certification Label or

Certificate,” Part III, Section I in which the applicant agrees to manufacture all products for which SSCC has a safety standard in conformity with such standards except for those products made exclusively for sale outside of the

United States and Canada applies to all snowmobiles and components thereof offered for sale in Canada and in the U.S. except Class I, competitive snowmobiles, which are those intended solely for use in organized public racing and advertised and sold by the manufacturer for use on race courses only and not for use on trails. In lieu of the SSCC Safety Certification Label, participants that manufacture Class I snowmobiles will permanently affix to the right rear on each such snowmobile, or such other location as may be agreed to by SSCC, a statement to the following effect:

“This vehicle is not intended for normal recreational or transportation use. It is intended solely for the use in organized competitive applications.”

The payment of fees is required of participant on all snowmobiles and components thereof manufactured by the participant, whether certified or not, except these snowmobiles and components thereof, made exclusively for sale outside of Canada and the United States.

Companies applying for participation in SSCC’s certification program that fail to follow through by payment of the required fees, submittal of test data and compliance with the terms of the application shall be required to pay the actual

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costs incurred by SSCC in connection with such application and SSCC follow through on such application.

4. Formulation and General Direction of the Program

The development of general policy governing the operation of the program will be under the administration of SSCC. A policy of consulting with appropriate outside individuals and organizations in developing and effectuating safety standards will be pursued.

5. Administration of the Program

The Chairman of the SNOWMOBILE SAFETY AND CERTIFICATION

COMMITTEE INCORPORATED (SSCC) is designated the Administrator of the program.

The Chairman, SSCC shall notify those states requiring safety certification, and any other parties he feels need the information, of snowmobile models which are certified by the laboratory as being in compliance with SSCC standards. The frequency of notification should be accomplished in such a manner so as to insure that there will be no question concerning the SSCC certification status of any model which is made available for sale.

6. Board of Directors

The Board of Directors of SSCC has the responsibility for the direction and guidance of the program to facilitate its development, to insure its uniformity, its equity and its continuity. The Board of Directors shall consist of representatives of companies participating in the program and other interested parties, who shall be elected by the Board of Directors of the International Snowmobile

Manufacturers Association.

A member of the Board of Directors of SSCC from a participating company shall not vote on any noncompliance subject pertaining to his company.

7. Technical Committee

The Technical Committee will be appointed by the Administrator with the concurrence of the SSCC Board of Directors. It will consider and report back to the SSCC’s Board of Directors on such technical matters relative to the program operation as may be referred to it for action by the Administrator.

SECTION II -- PROGRAM DOCUMENTS

1. Manufacturer’s Application and Agreement

A manufacturer may apply to participate in the program on a form, the terms and conditions of which-- upon acceptance by SSCC-- will constitute a binding agreement between the Manufacturer and SSCC. This agreement is the principal document covering the basic relationship between SSCC and the

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Manufacturer under the program. It will also contain provisions for inspections by the official independent testing laboratory or its designated agent. A copy of the current application is attached hereto as Part III.

2. SSCC Certification Agreement

The agreement between SSCC and the Laboratory sets forth the responsibility of the Laboratory in carrying out the provisions of the Manufacturer’s agreement with respect to verification, testing, inspection compliance and approval of the product. A copy of the current agreement is attached hereto as Part IV.

3. SSCC Procedural Guide

This Procedural Guide, Part I, outlines and amplifies the provisions of the

Ma nufacturer’s Application and Laboratory Certification Agreement for the guidance of those concerned with the operation of the program. Standard forms connected with the program, along with instructions for their use and purpose , will be provided. The current forms and instructions are included in Part II.

4. Safety Standards for Product Certification

Standards and test procedures applying to components, snowmobiles or their performance that are to be utilized and complied with under this program are set forth in a document entitled “Safety Standards for Snowmobile Product

Certification.” The detailed test procedures are bound separately in a document entitled “Safety Standards for Snowmobile Product Certification - Supplement.”

5.

The Manufacturer’s Safety Certification Label

For participating snowmobile manufacturers a distinctive label, registered with the U.S. Patent Office, will be utilized by participating manufacturers to indicate compliance with the program. This pressure sensitive label must be applied by the manufacturer near the right rear of the vehicle or in a location to be designated or agreed to by the SSCC Chairman. Requests for permission to affix the label at a location other than the right rear of the snowmobile will be accompanied by photographs of the right and left rear of each model of the snowmobiles affected, and a photograph of the location at which the manufacturer desires to affix the label. The label shall be obtained only from

SSCC. For participating snowmobile manufacturers and snowmobile component manufacturers, a Certification of Compliance will be issued by SSCC to indicate compliance with the program.

6. Checklist

The “Snowmobile Product Certification Checklist” is a document that shall be issued by manufacturers in the organization of data submitted to the Laboratory during the certification process. The completed checklist, along with necessary photographs and diagrams, shall be submitted to the Laboratory with the

Request for Certification for each model.

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SECTION III -- OUTLINE OF CERTIFICATION PROCEDURES

1. Authorization to Use Labels or Certificates

SSCC authorizes the Manufacturer to apply the SSCC Safety Label to each of its products or to make appropriate use of the Certificate of Compliance in accordan ce with the provisions of the Manufacturer’s Application. The

Manufacturer, in affixing the label or in using the Certificate of Compliance, certifies to SSCC and the public that each of its products so labeled is in full compliance with the applicable SSCC safety standards. The Laboratory will be responsible for validating the Manufacturer’s initial Request for Certification and providing assurance to SSCC of continued compliance.

2. Initial Certification

The Manufacturer, by completion of a Request for Certification, hereinafter referred to as in RC, certifies that he has conducted all required tests and examinations to determine compliance with the applicable examinations to determine compliance with the applicable SSCC safety standards. The completed RC, together with substantiating test data, will be submitted to the

Laboratory for approval. Prior to issuing approval to the Manufacturer and the

SSCC, the Laboratory must review the Manufacturer’s test data, test procedures and capabilities in order to establish the basis for such approval. The Laboratory reserves the right to request that any model or component be submitted to its own or other independent testing facilities if it determines that satisfactory testing on these items cannot be conducte d at the Manufacturer’s facility. The final determination between what is a basic or a modification model will be made by the Laboratory. The Manufacturer’s definition will be utilized as the basis for this judgment.

3. Inspections and Evaluations

The Laboratory will schedule audit visits each year to each manufacturer participating in the SSCC Safety Standards and Certification Program.

Inspections and evaluations will be made at the discretion of the Laboratory, during which visits it may inspect snowmobiles or components off the line or out of stock on a random basis; examine testing facilities and equipment; witness tests or evaluate test results.

The Laboratory may elect to engage another recognized laboratory or inspection agency to perform this function under the supervision and direction of the

Laboratory; by the Laboratory will be responsible for the equitable application of the program requirements and for the final approval.

Inspection and evaluation are to determine that the design and fabrication of selected production models or runs conform to the same initially certified. If a snowmobile model or component is made only to order, or at too infrequent intervals, the Manufacturer shall give the Laboratory due notice of production

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schedules to facilitate the inclusion of such snowmobiles or components as part of subsequent audit inspections or evaluations.

During the course of the audit inspections and evaluations, the Laboratory may elect to request that the Manufacturer conduct the testing or evaluation of models or components selected at random in the presence of the Laboratory representative to confirm compliance with the applicable SSCC safety standards.

Each snowmobile model or component will be tested or evaluated during an audit visit the initial year of participation by the Manufacturer in the SSCC safety program.

The inspector will be allowed access to those parts of the Manufacturer’s or other premises and to such material and quality control records as may be necessary to determine compliance with the SSCC standards. The

Manufacturer shall render every reasonable assistance, during normal working hours, to enable the inspector to carry out his duties promptly and without undue delay or interference.

The frequency and depth of the inspections and evaluations will be determined by many factors, including but not limited to: the quality level observed in the initial qualification evaluation, the effectiveness of the individual Manufacturer’s quality control procedures, and the findings of previous audit inspections.

Inspections and evaluations occasioned by the necessity of retesting and reevaluation shall not be considered regular visits under the program.

The costs, excluding travel and per diem, of two visits, to cover a maximum of six plant audit days, for manufacturers producing up to ten models, will be borne by the SSCC. The costs, excluding travel and per diem, of three visits, to cover a maximum of ten plant audit days, for manufacturers producing over ten models, will be borne by the SSCC. A manufacturer desiring additional visits will bear the cost of such visits and will reimburse the laboratory directly. In the event the

Laboratory determines additional visits to a particular manufacturer are necessary, and the manufacturer does not agree that the subject visits are required, the Laboratory will advise the Chairman, SSCC, of the rationale supporting the need for additional audit visits. The cost of additional audit visits approved by the Chairman, SSCC, will be borne by the manufacturer concerned.

4. Models Unchanged from the Previous Year

The procedure for certification of snowmobiles which had been approved during a preceding production year and which are to be produced with little or no change during the new certification period is as follows:

A snowmobile is considered certified for the new model year if no changes from the approved model took place. A new request for certification shall be submitted to the Laboratory indicating no

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changes. However, the Laboratory may request retesting of certain components to assure compliance of new production parts with the standard requirements. Test results shall be submitted to the Laboratory for evaluation within seven weeks after production start-up date. When a model is modified for the new model year, a request for certification shall be submitted indicating the differences and the Laboratory will determine what tests are required. Test data for the new of modified components shall be submitted for evaluation prior to production start-up.

5. Use of Seals on Approved Snowmobiles

Upon receipt of the Letter of Compliance, the Manufacturer shall affix the SSCC

Safety Label to his approved models, or in case of a component manufacturer, he shall make appropriate use of his Certificate of Compliance.

The Manufacturer shall not sell, lend or otherwise dispose of SSCC Safety

Labels or his Certificate of Compliance in any manner other than by affixing them to his own tested and approved snowmobiles, by using reproduction of same for marketing purposes, by using for illustrative purposes, by returning them to the

SSCC Administrator, or by destroying them in a manner acceptable to SSCC.

6. Conditional Certification

The Chairman, SSCC, may ship SSCC labels to a participating company when lead time considerations prohibit complete testing, as specified in the current edition of the SSCC standard. This action may be taken when the following procedures have been observed:

* applications form a participating manufacturer for conditional certification will be considered on a model-by-model basis;

* Manufacturers will submit an affidavit that identifies the specific tests in the SSCC standard that have not been performed, along with the data package containing all other test information for that particular model to the Laboratory. The affidavit will include the date that the missing test data will be provided. A copy of the affidavit form is shown on page 19.

7. Special Certification

The Chairman, SSCC, may authorize the use of a special certification label by a manufacturer when the introduction of entirely new concepts requires proprietary safeguards during the extended periods necessary for market acceptance testing. This label will identify a particular snowmobile model as being in compliance with all provisions of the current edition of the SSCC machine safety standard except as noted on the label. Manufacturers must identify the need for the special certification label not less than ten weeks before it is required to be

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on hand at the production site. All such special labels shall be obtained solely for SSCC at the expense of the manufacturer.

8. Noncompliance

Letters of noncompliance shall be issued within two (2) weeks by the Laboratory when it finds any model of a snowmobile or a snowmobile component not in full compliance with the applicable SSCC standard under which it was originally tested, evaluated and approved.

Any manufacturer, upon receipt of a Letter of Noncompliance from the

Laboratory, shall, within thirty (30) days, exercise one of the following options:

1) Question the validity of the alleged noncompliance, stating reasons why the Laboratory shall re-evaluate the model of snowmobile components.

2)

3)

Accept the Letter of Noncompliance. Change, modify, correct, or otherwise bring the model of snowmobile or snowmobile components back into a state of compliance; and resubmit the snowmobile model or component with an appropriate request for re-evaluation to the

Laboratory.

Cease applying labels on noncomplying models or making use of the

Certificate of Compliance.

If the claim of noncompliance is invalidated by the Laboratory after re-evaluation under the conditions of Option #1 above, no action shall be taken with respect to the Manufacturer; and the cost, therefore shall be borne by the Laboratory. If the claim is upheld by the Laboratory, the Manufacturer’s right to use SSCC Safety

Labels on the model found not to comply or the right to use the SSCC

Certificate of Compliance shall cease. In this instance, the cost of re-evaluation shall be borne by the Manufacturer.

If the claim of noncompliance is accepted by the Manufacturer and he therefore changes, modifies, corrects or otherwise brings the snowmobile model or component back into a state of compliance and resubmits the snowmobile model or component into the Laboratory with an appropriate request for re-evaluation, the product will be re-evaluated and a new Letter of Compliance will be issued by the Laboratory; and the Manufacturer’s right to affix SSCC Safety Label or to make appropriate use of the Certificate of Compliance will be restored by SSCC upon receipt of such a Letter of Compliance. Re-evaluation costs in this instance shall be assumed by the Manufacturer.

If the Manufacturer does not take the necessary steps within the prescribed time, the Laboratory shall issue to him and to SSCC a Final Letter of Noncompliance, after receipt of which the Manufacturer must seek approval as prescribed for initial certification.

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In the event the Manufacturer does not notify SSCC of its intention to bring the noncomplying product into compliance with the applicable SSCC safety standard within two weeks after receipt of a Final Letter of Noncompliance, the SSCC may ratify said Final Letter of Noncompliance and notify the Manufacturer of said ratification.

9. Notification of Model Failure

The determination of initial approval of any snowmobile model or component will be handled as a private matter between the Manufacturer and the Laboratory or its designated agent. The Manufacturer shall have a right of appeal to the

Laboratory Manager of the Engineering Division of the Laboratory, in the event initial approval is denied, which appeal shall be decided within two (2) weeks of submission of the appeal. If, after initial approval, a noncompliance notice is delivered by the Laboratory to the Manufacturer, a copy of such notification will be filed with the Administrator of SSCC.

10. Judging Compliance and Noncompliance

The Laboratory shall be the sole judge of compliance or noncompliance with the

SSCC standard of Manufacturer’s snowmobile models or components for the purpose of approval, subject, however, to interpretations of the SSCC standard as may be issued by SSCC. The Manufacturer may request that the

Administrator obtain an analysis and interpretation of any SSCC standard by the

SSCC.

The Manufacturer and Administrator shall abide by the decision of the

Laboratory as to compliance or noncompliance of the Manufacturer’s snowmobile models or components.

No Manufacturer’s products shall be listed in or withdrawn from the Directories of

Tested and Approved Snowmobiles and Components by the Administrator, except upon due notification by the Laboratory.

SECTION IV -- COMPLAINTS OF NONCOMPLIANCE

Any Manufacturer may submit data on another Manufacturer’s approved product to the Administrator in substantiation of a claim of noncompliance. If such claim is reasonably substantiated, the Administrator may instruct the Laboratory to evaluate the complaint, provided the complaint shall deposit with the

Administrator, in cash, a bond as prescribed by the Administrator.

If the claim of noncompliance is upheld by the Laboratory, the noncomplying

Manufacturer shall be required to take the corrective action recommended by the

Laboratory and prescribed by the Administrator as a result of the complaint.

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If the claim of noncompliance is not upheld by the Laboratory, then the complainant shall pay the charges of the SSCC and/or the Laboratory, or forfeit its bond, and no action shall be taken with respect to the alleged noncomplying

Manufacturer.

SECTION V--FEES FOR SNOWMOBILE SAFETY CERTIFICATION PROGRAM

1. Fee Schedule

The fees to be charged to participating snowmobile manufacturers in the SSCC certification program shall be a fee agreed upon by the SSCC Board of Directors.

2. Use of Fees

The revenue received from the sale of SSCC Safety Labels or Certificates of

Compliance is to be used to pay for the labels, certificates, and part of the administration and operating costs of the Safety and Certification Programs.

3. Time for Payment

All fees are to be paid per the Board of Directors of SSCC. Any adjustment in fees, up or down, based upon a variation of actual production from estimated or scheduled production, shall be made at the end of the fiscal year.

No certification labels will be delivered to any company participating in the SSCC certification program by SSCC unless the independent testing laboratory has certified compliance with the safety standard by the models for which the labels are intended; and, SSCC has received payment in full of the participating company’s full fees.

SECTION VI -- EFFECTIVE DATE, DURATION AND TERMINATION

The Manufacturer’s application becomes effective as a binding agreement on the date of its execution by SSCC and extends for the term provided for in the agreement.

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APPENDIX I

Conditional Certification Affidavit

“_________ Company, hereinafter applicant, hereby applies to the Snowmobile Safety and Certification Committee for conditional certification of the following snowmobile(s) model number(s) _______, _______, model year _____, Manufacturer _________, and for the issuance of safety certification labels by SSCC for application to said model snowmobile(s), based upon the following representation and commitments:

“1. The snowmobile model(s) identified above has been tested and found to be in compliance with all provisions of SSCC/____, Safety Standards for Snowmobile

Product Certification, except that the testing required in Section _____ of SSCC/_____, has not been completed; and

“2. The snowmobile testing required by Section _____ of SSCC/_____ will require

_____ days to complete plus a period of _____ days for the Laboratory to issue its

Certificate of Compliance with said testing; and

“3. Applicant asserts that the above listed model(s) will meet the requirements of

Section _____ of SSCC/_____ when tested; and

“4.

In the event that the above listed model(s) is not found to meet the requirements of Section _____ SSCC/_____, when tested within a period of _____ days, applicant hereby agrees to retrofit all units of the above listed model(s) of snowmobiles wherever situated under normal product safety recall procedures to bring them into compliance with Section _____ of SSCC/_____ as determined by the Laboratory.

“Applicant agrees to hold SSCC and the Laboratory harmless and to indemnify them and their officers, directors, employees and agents from any claim, losses, liabilities or expenses arising out of the terms and provisions of this agreement, and/or actions taken pursuant thereto by them or any of them.

“Time of performance hereof is of the essence of this agreement.

______________________

Witness

_______________________

Witness

NAME OF APPLICANT

BY:___________________________

Title

DATE:_________________________

LABORATORY

BY:____________________________

Title

DATE:__________________________

Witness

_______________________ SNOWMOBILE SAFETY AND

CERTIFICATION COMMITTEE, INC.

BY:_____________________________

Title

DATE:__________________________

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PART II

METHODS AND PROCEDURES

FOR

DETERMINING COMPLIANCE

WITH

REQUIREMENTS OF THE

SNOWMOBILE SAFETY CERTIFICATION PROGRAM

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SECTION I -- INTRODUCTION

The Snowmobile Safety and Certification Committee, Inc. (SSCC), is the sponsor of a safety certification program for snowmobiles and snowmobile components for which SSCC has adopted safety standards. SSCC authorizes the use of a safety label bearing the SSCC certification mark to snowmobile manufacturers whose products are in compliance with the Safety Standards for Snowmobile

Product Certification, sponsored by SSCC. The program further provides for the issuance of Certificates of Compliance for snowmobile components which are in compliance with the applicable SSCC safety standards. The program requires independent laboratory certification of compliance.

A manufacturer desiring to participate in the program makes application of SSCC by completing the Manufacturer’s Agreement. When this has been approved by

SSCC, the participating manufacturer submits a Request for Certification to the

Laboratory for each product for which he desires certification. In this Request for

Certification (RC), the Manufacturer certifies that all applicable tests and examinations have been conducted, and that the results of such tests and examinations indicate full compliance with the applicable requirements of the safety standard. Accompanying the RC are copies of such test reports, specifications, drawings and certificates as are required to establish compliance.

The Laboratory then conducts such evaluations, examinations and inspections on each product as are required to provide assurance of initial compliance.

When satisfactory compliance has been established, the Laboratory issues an evaluation report and endorses the RC. A copy of this RC is forwarded to SSCC which then authorized the Manufacturer to apply Safety Labels or use

Certificates of Compliance denoting compliance with the applicable requirements of the safety standard to all certified products.

Assurance of continued compliance of certified products is provided by inspection, evaluation, and verification testing and through periodic audit of the

Manufacturer’s conformance control system conducted by the Laboratory.

Reports are issued by the Laboratory when findings so indicate, SSCC is notified of continued compliance.

SECTION II -- ADMINISTRATIVE AND OPERATIONAL PROCEDURES

1. Communications

General inquiries relating to the program, policy, interpretations of the standard, etc., are directed to:

Snowmobile Safety and Certification Committee, Inc.

1640 Haslett Road, Suite 170

Haslett, MI 48840

Chairman

(517) 339-7788

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On matters pertaining to participation, Manufacturer’s agreements, purchase of

Safety Labels, etc., communications are directed to:

Snowmobile Safety and Certification Committee, Inc.

1640 Haslett Road, Suite 170

Haslett, MI 48840

Chairman

(517) 339-7788

On matters pertaining to evaluation, scheduling of field trips, approval of modification models, etc., communications are directed to the testing laboratory.

All communications from the Laboratory directed to the Snowmobile Safety and

Certification Committee, Inc. or participating manufacturers in the program, are coordinated with the Engineering Division of the Laboratory.

2. Initial Approval -- Basic Models

A manufacturer of snowmobiles, or snowmobile components for which the SSCC safety standard contains applicable requirements, first completes the

Manufacturer’s agreement with SSCC. He then makes arrangements with the

Laboratory for the evaluation of his basic models. Test data, specifications, drawings and other data required by the Snowmobile Product Certification

Checklist, are submitted to the Laboratory for evaluation.

For each basic model, the Manufacturer executes a Request for Certification

(RC) in triplicate. This document is the heart of the program. The Manufacturer certifies that a sample product has been subjected to testing and examination and that the results of such tests and evaluations indicate full compliance with all applicable requirements of the SSCC safety standard. He further certifies that the sample tested is representative of production and is a duplicate of all units offered for sale under that specified model number. When endorsed by the

Laboratory, a copy of the RC is forwarded to SSCC and the Manufacturer along with an Initial Letter of Compliance.

3. Approval -- Modification Models -- Models Previously Certified

For marketing reasons, a Manufacturer may elect to produce models that differ only in degree from the basic models evaluated. Models may differ only in color and brand name, or in the accessories provided as standard equipment for which requirements are not included in the safety standards. Approval is granted for a single model year only. When no modifications relevant to applicable SSCC safety standards are made from one model year to the next, application may be made to the Laboratory for recertification as a model previously certified. The manufacturer will execute a set of RC’s indicating that the new model is a modification model, referencing the previously approved basic model, and citing the differences, if any, that exist between the two. The Laboratory is the sole

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judge as to whether the modification model may be approved without additional evaluation, or if specific tests are required.

If in the judgment of the Laboratory, the model may be approved without additional testing and evaluation, the RC’s are endorsed with reference to the original approval, and they are distributed in the normal manner.

4. Substitutions/Changes After Initial Approval

Substitutions and changes to approved models after initial approval are handled in the same manner as modification models. The Manufacturer is required to execute a set of modification RC’s together with any back-up data required to establish the nature of the change.

5. Evaluation and Audit

The Laboratory is required by SSCC to conduct such evaluations and audits as may be appropriate to provide assurance that production units of products previously certified conform to the requirements of the standard. During these audit visits, the Laboratory may elect to request that the testing of models selected at random be conducted in their presence for confirmation of compliance. The adequacy of the Manufacturer’s conformance control system will also be evaluated as part of this audit. The field engineer conducting the inspection, evaluation and audit will prepare a conformance audit report to be submitted to the Manufacturer following the audit. This report will contain a summary, audit observations, a statement of conformance, of non-conformance and recommendations for correction of any deficiencies observed. This report will be coordinated with the Engineering Division before it is mailed to the

Manufacturer. If appropriate, SSCC will be sent a Letter of Continued

Compliance, with a copy to the Manufacturer along with the audit report.

SECTION III -- INITIAL APPROVAL

The Manufacturer, by completion of the Request for Certification (RC) certifies that he has conducted all applicable tests and examinations to determine compliance of the model with the safety standards. The completed RC, along with substantiating test data as outlined by the Snowmobile Product Certification

Checklist, will be submitted to the Laboratory for evaluation. Prior to issuing approval to the Manufacturer and SSCC, the Laboratory must evaluate the

Manufacturer’s test data, test procedures, and capabilities to determine that all equipment and procedures are in full compliance with the requirements of the standard. In the event of deviations from prescribed equipment or methods, corrections must be made before the results of the tests may be accepted. The

Laboratory reserves the right to request that any model or component be submitted to its own or other independent test facilities, if it determines that adequate testing of these items cannot be conducted at the Manufacturer’s facility.

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Information identified in the Snowmobile Product Certification Checklist must be submitted to the Laboratory for evaluation leading to approval of compliance with the requirements of the SSCC Snowmobile Safety Certification Program for each model for which the Manufacturer desires approval. This material is to be submitted along with an executed Request for Certification. Data on purchased components, such as head lights, tail lights, etc., which are common to more than one model, need not be duplicated for each model. Reference to the original submission will be satisfactory.

The checklist, when submitted to the Laboratory for evaluation, will be carefully reviewed by the Engineering Division. Information relative to the Manufacturer’s capability to conduct the required tests as reflected by the initial Manufacturer survey will be considered in the evaluation of the data. Any questions arising will be resolved by telephone, correspondence, or an additional plant visitation, as appropriate before final approval is granted.

When the evaluation of all submitted data indicates compliance with the requirements of the standard, an evaluation report will be issued, and the RC will be endorsed by the Laboratory. The endorsed RC will be submitted to SSCC with the Initial Letter of Compliance, which authorizes SSCC to issue Safety

Labels denoting such compliance to the manufacturer.

SECTION IV -- CONDITIONAL CERTIFICATION

A manufacturer using the conditional certification procedures must submit an affidavit which includes the date that the missing test data will be provided. The laboratory will evaluate the time specified by the manufacturer to accomplish the outstanding testing and will notify the Chairman, SSCC if this time is excessive.

The Laboratory will evaluate the incomplete data package. If the model meets all the other requirements stated in the current SSCC standard, the Laboratory will inform the Chairman, SSCC and the manufacturer that conditional approval of the RC has been granted. When the manufacturer provides the missing test data, the Laboratory will complete its evaluation within ten days of its receipt.

The Chairman, SSCC and the manufacturer will be informed of the results of this evaluation.

SECTION V -- PURCHASED COMPONENTS/SUB-ASSEMBLIES

The Safety Standards for Snowmobile Product Certification, adopted by SSCC, establish requirements for a number of purchased components and subassemblies of snowmobiles which may not normally be fabricated by the participating manufacturer. A tabulation of these components, and the corresponding requirement, is presented below:

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Component/Sub Assembly

Seats

Throttle Controls

Brake Control

Fuel Tank

Tail Lamps

Stop Lamps

Head Lamps

Reflectors

Recommended Practice

SAE J89

SAE J92, SAE J1222

SAE J44, SAE J45, SAE J68, SAE J1282

SAE J288

SAE J279

SAE J278

SAE J280

SAE J292

In order to facilitate approval of individual models of snowmobiles submitted by participating manufacturers in the SSCC Snowmobile Safety Certification

Program, a system known as the Approved Purchased Component List has been established by the Laboratory and SSCC. With this plan, submissions for approval will be made to the Laboratory by the individual vendors of these purchased components performing in the same manner from a number of participating manufacturers. Vendors will submit an executed Request for

Certification for each model for which they desire approval, along with appropriate test data from their own test laboratory of a qualified independent laboratory, indicating compliance with the applicable test requirements, using the appropriate sections of the Snowmobile Product Certification Checklist. These reports will be evaluated by the Laboratory, utilizing the same criteria as employed in evaluating test data submitted by the participating manufacturer.

When the evaluation so indicates, the component vendor will be notified of approval, and the component will be included in the approved purchased components list, which will be circulated to the participating manufacturers. This, when submitting the data package on a snowmobile model proposed for approval, the participating manufacturer may make reference to the approved purchased components list, instead of being required to submit data on each of the purchased components included on the model in question.

The approved purchased components list will be issued by SSCC to the participating manufacturers quarterly, or as the occasion requires.

SECTION VI -- EVALUATION AND CONFORMANCE CONTROL AUDIT

The purpose of the evaluation and conformance control audit is to provide additional assurance to SSCC and other interested parties that those products which have been initially approved as being in compliance with the safety standard are, in fact, continuing to be manufactured in compliance with those requirements.

Following initial approval of models submitted for certification, the Laboratory will conduct an audit of the conformance control system established by the

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participating manufacturer. The objective of this audit is to determine the adequacy of the Manufacturer’s conformance control program to consistently produce products that will comply with the requirements of the standard.

The audit covers such aspects of the manufacturing process as specification, acquisition and control of raw material and purchased components, production controls, statistical quality control criteria, qualifications of plant quality control personnel, test and inspection documentation procedures, calibration of test equipment, and the independency of the quality control function.

The Manufacturer’s conformance control program will be evaluated for adequacy of control over the following critical areas:

1. Incoming purchased material inspection.

2. Control of materials, including changes of specifications and substitution of materials.

3. In-process inspection

4. Final inspection and testing.

SSCC has authorized the Laboratory to conduct audit visits as required to review previously approved products to provide assurance of continuing compliance.

An evaluation of conformance control methods will be made. The effectiveness of these methods will be judged by a comparison of the Manufacturer’s quality control records and test audit records with the observations made by the

Laboratory Inspector at the time of the audit. The following Field Audit

Procedure will apply:

1. The pre-trip briefing shall consist of a review of currently approved products offered by the participating manufacturer. Previous audit reports shall be studied and correspondence files reviewed to determine if corrective action for previous deficiencies, if any, have been documented.

2. Upon arrival at the place of the audit visit, the Inspector shall introduce himself to the person designated, or to the quality control manager. The Inspector shall obtain the names and titles of all personnel contacted during the audit. He shall determine the extent of each day’s work and shall plan a schedule to include the following: a. Review of conformance control program b. Inspection of assembly lines c. Witness Manufacturer’s quality audit d. Visual examination and testing of previously approved products e. Review of conformance control records

20

f. Visual inspection of corrective action for all previously reported deficiencies

3. The review of the conformance control program shall determine whether the Manufacturer’s documentation and inspection methods in all aspects of manufacture are adequate to assure product conformance with safety standard requirements. The Inspector shall determine specifically what examinations and tests are conducted in receiving inspection on purchased items to determine compliance.

4. The Inspector shall tour the assembly lines to determine how the conformance control system is being applied. The number of inspectors at each station and their duties shall be recorded. The method by which compliance with each specific requirement is being checked by inspection personnel shall be noted.

5. The Inspector shall describe in his notes the final inspection area, noting how units with deficiencies are tagged for rework, and whether reworked units are returned to the line so that they receive final inspection testing.

6. The Inspector shall witness a Manufacturer’s quality audit of one or more finished units sampled from the end of the assembly line.

The thoroughness of the examination, testing, and documentation of test results shall be noted. Models being produced during the audit shall be listed together with observation of compliance status and the frequency of the Manufacturer’s audit.

7. A visual examination of samples ready for shipment shall be conducted. Comparison shall be made of finished models to the specifications of the initial approval of each model to the specifications of the initial approval of each model. Models shall be selected at random and subjected to one or more tests by the manufacturer in the presence of the Inspector in order to confirm initial test data submitted by the Manufacturer.

8. The Inspector shall review quality control and quality audit records maintained by the Manufacturer since the previous visit. Typical deficiencies affecting conformance with safety requirements which require rework before final inspection shall be listed. A review of quality audit reports should then reveal whether any deviations were overlooked by the rework and final inspection stations.

9. In the event of noncompliance with any safety requirement, the

Inspector shall record all such deviations. If the Manufacturer does

21

not immediately take corrective action during the audit, the

Inspector shall determine when proper corrective action will be taken, and request from the Manufacturer drawings and/or a letter of intent stating the nature and timing of corrective measures.

10. representative(s) before leaving the audit site. It is recommended that the Inspector compile a separate list of problem areas for discussion at this final meeting or at the end of each day.

11. discussion of any unusual problems with the Engineering Division so that all data and material is clarified before writing the report.

12.

The Inspector shall review his observations with the Manufacturer’s

Debriefing of the Inspector at the Laboratory shall include the

The Inspector shall prepare a report which shall state whether conformance control was adequate and shall summarize briefly the major deviations and corrective measures taken, if any.

Recommendations for upgrading shall be included when and their frequency appearing in the final quality audits. necessary. The report shall include all Audit Observations, a listing of models, serial numbers, deviations, and measured values where testing was conducted. The report shall list critical defects requiring rework on the assembly line and a list of such defects

The report should be detailed yet concise and should be critical, if necessary, yet complimentary when deserving.

SECTION VII -- FORMS AND REFERENCE DATA

1. Safety Standards for Snowmobile Product Certification (Provided Separately)

2. Safety Standards for Snowmobile Product Certification Supplement

(Provided Separately)

3. Request for Certification (RC) Snowmobile

4. Request for Certification (RC) Snowmobile Component

5. Snowmobile Product Certification Checklist (Provided Separately)

6. Initial Letter of Compliance

7. Letter of Continued Compliance

8. Letter of Noncompliance.

22

SNOWMOBILE MODEL

Request for Certification

TO BE SUBMITTED IN TRIPLICATE

Upon approval, distribution as follows:

1 copy to manufacturer with Test Report

1 copy to be retained by the Laboratory

1 copy to SSCC

Date____________________________

Model No._______________________

Model Year______________________

Manufacturer_____________________

TO: The Laboratory

We herewith request Safety Certification of the above model in accordance with the program established by SSCC.

We certify that all applicable tests and examinations have been conducted and that the results of such tests and examinations indicate compliance with the requirements of the SSCC Safety Standard. We further certify that this unit as tested is representative of our production and is a duplicate of the units designated by this model number that will be offered for sale.

Model Name Track width No. of Passengers Suspension: Bogiewheel ( ) Slide Rail ( )

_____________ ___________ ________________ Accessories: Speedometer ( ) Tachometer ( )

Engine: Mfgr ___________ CC. ______________ Model No.____________ Cyl _____________

Max hp rpm ________________ Elec. _____________ Manual ______________ Start

We request certification approval of this model as a ( ) Basic Model ( ) Modification Model ( ) Previously Certified.

Modification Model is similar to Model _____________________, previously qualified, with the following exceptions:

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________

Signed_____________________________________________ Title ___________________________________________

SAFETY CERTIFICATION APPROVAL

The above ( ) Basic Model ( ) Modification Model ( ) Previously Certified, as evaluated by us per Test No.

____________ dated _________________ under the SSCC Safety Certification Program complies with the requirement of the SSCC Safety Specifications in effect as of this date.

Signed__________________________________________

For Laboratory

Date_____________________________________

23

SNOWMOBILE COMPONENT

REQUEST FOR CERTIFICATION

TO BE SUBMITTED IN TRIPLICATE

Upon approval, distribution as follows:

1 copy to manufacturer with Test Report

1 copy to be retained by the Laboratory

1 copy to SSCC

TO: The Laboratory

Date____________________________

Model No._______________________

Model Year______________________

Manufacturer_____________________

We herewith request Safety Certification of the above snowmobile component in accordance with the program established by SSCC.

We certify that all applicable tests and examinations have been conducted and that the results of such tests and examinations indicate compliance with the requirements of the SSCC Safety Standard. We further certify that this unit as tested is representative of our production and is a duplicate of the units designated by this model number that will be offered for sale.

COMPONENT NAME DRAWING OR SPECIFICATION NO.

______________________________________

PART NO. OTHER PERTINENT DATA

We request certification approval of this ( ) Basic Component ( ) Modification Component ( ) Previously Certified

Component

Modification Component is similar to Component__________________, previously qualified, with the following exceptions:

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

Signed_____________________________________________ Title ________________________________________________

SAFETY CERTIFICATION APPROVAL

The above ( ) Basic Component ( ) Modification Component ( ) Previously certified Component, as evaluated by us per Test No. ________________ dated __________________, under the SSCC Safety Certification Program complies with the Requirements of the SSCC Safety Specifications in effect as of this date.

Date______________________________ Signed_______________________________

For Laboratory

24

SSCC approved Laboratory

** INITIAL LETTER OF COMPLIANCE**

Snowmobile Safety and Certification Committee, Inc.

1640 Haslett Road, Suite 170

Haslett, MI 48840

Attention: Chairman

Subject: SSCC Safety Certification Program

Manufacturer:

Model Number:

Laboratory Reference Number:

Gentlemen:

We are pleased to submit completed Safety Certification Approval forms as referenced above. Data submitted to us by the manufacturer have been shown to comply with the requirements of Safety Standards for Snowmobile Product Certification SSCC/_____.

Very Truly yours,

________________________________

(Laboratory)

Enclosure cc: Manufacturer

Manager

Engineering Division

25

SSCC approved Laboratory

** LETTER OF CONTINUED COMPLIANCE **

Snowmobile Safety and Certification Committee, Inc.

1640 Haslett Road, Suite 170

Haslett, MI 48840

Attention: Chairman

Subject: SSCC Safety Certification Program

Gentlemen:

Manufacturer:

Laboratory Reference:

This is to advise that we have completed an Inspection, Evaluation and Audit of models previously evaluated and approved in accordance with SSCC Safety Standards for

Certification.

Our findings have been transmitted to the manufacturer referenced above, and justify continued application of the SSCC Safety Label to the models previously approved.

Enclosure cc: Manufacturer

Very Truly yours,

________________________________

(Laboratory)

Manager

Engineering Division

26

SSCC approved Laboratory

** LETTER OF NONCOMPLIANCE **

Snowmobile Safety and Certification Committee, Inc.

1640 Haslett Road, Suite 170

Haslett, MI 48840

Attention: Chairman

Subject: SSCC Safety Certification Program

Letter of Noncompliance

Gentlemen:

Manufacturer:

Model Number:

Laboratory Reference:

This is to advise that as a result of an Inspection and Audit of models previously approved in accordance with the SSCC Safety Certification Program, we have determined that the above referenced model is no longer in compliance with the requirements of the Safety Standard.

By means of this letter, SSCC and the manufacturer are advised that the SSCC Safety

Label may no longer be applied to the above referenced model until such time as the model has been re-evaluated and a new Request for Certification has been filed with

SSCC and by the Testing Company.

Very Truly yours,

________________________________

(Laboratory)

Enclosure cc: Manufacturer

Manager

Engineering Division

27

PART III

MANUFACTURER APPLICATION

FOR

AUTHORIZATION TO USE

SSCC CERTIFICATION LABEL

OR

CERTIFICATE

28

APPLICATION FOR AUTHORIZATION

TO USE SAFETY CERTIFICATION LABEL OR CERTIFICATE

_____________________________________________, hereinafter referred to as

“Applicant,” hereby applies to SNOWMOBILE SAFETY AND CERTIFICATION

COMMITTEE INCORPORATED, hereinafter referred to as SSCC, for participation in the program and for authorization to use the Certificate of Compliance, hereinafter referred to as “Certificate,” pr the Safety Label, hereinafter referred to as “Safety Label,” which SSCC authorizes for use on the conditions stated herein as part of the snowmobile safety program. When approved and executed by SSCC, this application shall constitute a binding agreement between Applicant and SSCC.

1. SSCC Safety Standards

SSCC, in cooperation with independent sources, has adopted a set of safety standards and test procedures, hereinafter referred to as “Safety Standards,” a copy of which is included in a separate booklet entitled, “Safety Standards for

Snowmobile Product Certification.” All standards shall become effective on

February 1 or earlier if so requested by a manufacturer for his products, and the year shall be specified at the time a new or revised standard is incorporated into the program. A minimum of seven (7) months shall be given all participants prior to the incorporation of any new or revised standard; except upon a specific written request of a participating manufacturer within thirty (30) days after initial approval, this time may be extended by the Board of Directors up to a period not to exceed twenty-four (24) months. In establishing effective dates for new standards, due consideration shall be given by the Board to the share of production able to comply within the proposed time.

Applicant hereby agrees that except for those products made exclusively for sale outside of the United States and Canada, and except for Class I -

Competitive Snowmobiles as defined in the standard, applicant will manufacture all products for which SSCC has a safety standard in conformity with such standards.

2. Independent Laboratory Evaluation

SSCC has entered into a contract with a Testing Laboratory , under which the

Testing Company is authorized to conduct evaluations, examinations and inspections on products submitted to it by participants in SSCC’s Safety Program to determine compliance with applicable SSCC Safety Standards. The Testing

Company is hereinafter referred to as the “Laboratory.”

Applicant’s right to use SSCC’s Safety Labels or Certificates is conditional upon issuance of a Letter of Compliance by Laboratory as hereinafter set forth.

Applicant shall permit access to its premises for inspections and evaluations and shall supply such documents as Laboratory shall require pursuant to this

Agreement.

29

3. Request for Certification

A. Applicant shall submit to Laboratory for each specific snowmobile component or model of a model year a Request for Certification in such form and incorporating such data as SSCC shall require.

B. Applicant warrants that by submission to Laboratory of a Request for

Certification for each snowmobile component or model that it has conducted all required tests and examinations to determine compliance with the applicable

SSCC Safety Standards and that it certifies compliance therewith.

4. Initial Letter of Compliance

A. Prio r to the issuance of an initial Letter of Applicant’s Compliance with

SSCC Safety Standards, Laboratory is hereby authorized to review Applicant’s test data and test procedures and to evaluate Applicant’s capabilities in order to establish the basis for such certification.

B. Applicant shall submit at its own expense to Laboratory or to such other independent testing facility acceptable to Laboratory any model or component, if

Laboratory shall determine that satisfactory testing of such model or component cannot be conducted at Applicant’s facility.

C. Upon Laboratory’s determination that a component or model for which a

Request for Certification has been submitted is in compliance with the applicable

SSCC Safety Standards, Laboratory shall issue to Applicant and to SSCC an

Initial Letter of Compliance. Such Letter of Compliance shall apply only to that model year of the specific product tested.

5. Authority to Use SSCC Safety Label or Certificate

A. Upon receipt from Laboratory of an Initial Letter of Compliance, SSCC shall issue to Applicant authority to use SSCC Safety Labels on those snowmobile models for which certification has been made, or to make appropriate use of the Certificate.

B. Applicant warrants that it will affix the SSCC Safety Label only to snowmobiles which conform to models that have been certified by Laboratory and for which SSCC has authorized use of Safety Labels.

C.

The right to affix the SSCC Safety Label to Applicant’s snowmobiles or to utilize the Certificate is granted solely upon the basis of the assurances given in this application. Applicant alone has the responsibility of insuring that the snowmobiles to which it affixes the SSCC Safety Label or components for which a Certificate applies actually conform to applicable SSCC Safety Standards.

Accordingly, Applicant will hold SSCC and the Laboratory harmless and hereby agrees to indemnify them and their officers, directors, employees and agents

30

from any and all claims, losses, liabilities or expenses arising out of the use of the SSCC Safety Labels or Certificates issued to the Applicant.

D. The SSCC name, abbreviation or symbol, or any other form of reference which may be interpreted to mean Snowmobile Safety and Certification

Committee Incorporated, shall not be used by Applicant on any component or machine or their container or packaging, except in such form or manner as is expressly approved by SSCC. Safety Labels and Certificates shall be obtained only when and in the manner authorized by SSCC.

E. Under no circumstances shall Applicant use the name, abbreviation or symbol of SSCC or that of the Laboratory in any advertising, sales promotion, or other publicity material in such manner as to indicate that SSCC warrants or approves any individual component or snowmobile model or machine, or that

SSCC makes any other representation or certification with respect thereto.

However, it shall not be a breach of this condition for Applicant to display a picture of the Safety Label or Certificate in any promotional literature or brochure, or to make any statement of representation about the SSCC sponsored safety program for products or to state that the Applicant certifies that its products meet applicable SSCC Safety Standards, so long as any such statement or representation is accurate and factual. The reports and letters and the name of the Laboratory, or its seals or insignia may not be used under any circumstances in advertising to the general public.

F. All Safety Labels or Certificates made available to Applicant pursuant to this agreement remain the property of SSCC. Applicant shall return all Safety

Labels or Certificates to SSCC upon demand and shall afford SSCC personnel access to its facilities to secure return of same and to examine records of

Applicant for the purpose of determining use and return of same.

G. Applicant’s authority to ship or otherwise transfer possession of snowmobiles bearing Safety Labels is terminated immediately upon receipt by

Applicant of a Final Letter of Noncompliance pursuant to Section E of Article 7 of this agreement.

H. Authorization to use the SSCC Safety Label or Certificate is for the current model year only.

6. Modifications of a Product Previously Certified

In relation to a product previously certified, if no modifications relevant to applicable SSCC Safety Standards are made from one model year to the next, or if modification and/or substitution is made of components relevant to the applicable SSCC Safety Standards without affecting the products’ compliance status, application may be made to the Laboratory for recertification of said components or model as “previously certified.”

31

In this case, the Applicant shall inform the Laboratory of modifications relevant to the applicable SSCC Safety Standards, if any, and apply for recertification as

“previously certified” stating why said modifications do not affect compliance and submit test data as necessary in proof thereof.

If in the judgment of the Laboratory the product remains in compliance, a

Continuing Letter of Compliance shall be issued. If in the judgment of the

Laboratory the product is no longer in compliance, a Letter of Noncompliance shall be issued.

7. Laboratory Evaluation for Continued Compliance

A. Applicant grants to duly authorized representatives of Laboratory the right to enter upon Applicant’s premises, during regular business hours and without prior notice, in order to make such inspections and evaluations of manufacturer’s test documents and facilities and to witness actual tests as may be appropriate to insure that no material breach of any of the conditions of this agreement is occurring.

B. In the event that such inspection and evaluation disclose that all products are in compliance with the applicable Safety Standards, Laboratory shall issue to

Applicant and the SSCC a Continuing Letter of Compliance.

C. Should examination or test disclose deficiencies which in the opinion of the Laboratory representative cause the products to not be in compliance with the requirements of the applicable Safety Standards, Laboratory shall deliver to

Applicant a Letter of Noncompliance. Applicant will either correct such deficiencies within a period of thirty (30) days or remove the SSCC Safety Label from such snowmobile models as are designated by the representative or cease the use of the Certificate relating thereto.

D. Applicant may challenge the Laboratory’s Letter of Noncompliance and request the Laboratory to re-evaluate within a period of thirty (30) days such products as have been determined to be not in compliance with applicable SSCC

Safety Standards. If upon such re-evaluation, the Laboratory shall determine that Applicant’s products are still not in compliance and in the event of disagreement between Applicant and the Laboratory as to whether a particular product is in compliance, the Applicant shall not sell the affected snowmobiles with the Safety Label attached or make use of the Certificate relating to an affected component pending an appeal to and a decision by the Manager of the

Engineering Division of the Laboratory. Such Manager shall render his decision promptly and, in any event, within two (2) weeks of his receipt of the appeal.

E. In the event that Applicant has not corrected the deficiencies or removed the SSCC Safety Label from snowmobiles or ceased use of the Certificate as required under Section C, within thirty (30) day period or in the event that the aforesaid Laboratory Manager determines, pursuant to Section D, that any

32

product as re-evaluated is not in compliance, Laboratory shall issue to Applicant and the SSCC a Final Letter of Noncompliance.

F. After receipt of a Final Letter of Noncompliance, Applicant must secure from laboratory a new Letter of Compliance and receive from SSCC new authority to use the Safety Labels or Certificates before Applicant may ship or otherwise transfer possession of any affected snowmobile with a Safety Label affixed, or make use of the Certificate relating to the affected component.

8. Assignment

This agreement may not be assigned in whole or in part by Applicant without the prior written consent of SSCC.

9. Fees

The fees to be paid by Applicant for participation, Safety Labels and Certificates shall be those specified in Section V of the Procedural Guide (Snowmobile

Safety Certification Program), a copy of which is attached hereto and incorporated herein by this reference.

10. Hold Harmless Agreement

Applicant agrees that it will conduct the tests, examinations and inspections and provide the data called for hereunder, and agrees, in addition to any other provisions hereinbefore set forth, to hold SSCC and the Laboratory harmless and to indemnify them and their officers, directors, employees and agents from any claims, losses, liabilities or expenses arising out of any noncertification or certification, or the representation by Applicant that products in fact tested, examined, evaluated or inspected hereunder either comply or do not comply with the applicable SSCC Safety Standards.

11. Termination

A. Either party to this Agreement may terminate the Agreement upon thirty

(30) days written notice to the other party provided, however, that SSCC shall not exercise this right of termination except for cause as determined by its Board of

Directors.

B. Termination of this Agreement by whatever means shall not affect any liability of the parties existing as of the date of such termination. Applicant’s obligation of indemnity shall not cease, regardless of termination date, with respect to products manufactured or distributed by it to which the SSCC Safety

Label is affixed or the Certificate is used in connection therewith.

C. Immediately upon any termination of the Agreement, or upon receipt by

Applicant of a Final Letter of Noncompliance, and a notice of the ratification by the SSCC of said Letter of Noncompliance, Applicant shall discontinue its use of all SSCC Safety Labels or Certificates. SSCC shall have the right, without reimbursement of fees paid here hereunder by Applicant, to acquire possession

33

of all SSCC labels and certificates remainin g in Applicant’s possession or control. Upon termination of this Agreement for any reason not related to compliance with safety standards, Applicant shall have the right to sell any snowmobile in its possession or control bearing the SSCC Safety Label if such label was affixed prior to the effective date of termination.

12. SSCC Procedural Guide

In addition to the rights and obligations set forth in this Agreement, SSCC shall have the right to prepare and, from time to time, amend a Procedural Guide for its snowmobile safety certification program. Such Guide shall supplement, but not contradict the terms of this Agreement. Applicant agrees to comply with all requirements set forth in such Guide. The Guide currently in effect is attached hereto as Part I.

NAME OF APPLICANT

BY:

Title

Attest

Date

BY:

SNOWMOBILE SAFETY AND CERTIFICATION COMMITTEE, INC.

BY:

Title

Attest

Date

BY:

34

PART IV

CERTIFICATION AGREEMENT

BETWEEN SSCC

AND

INDEPENDENT CERTIFICATION LABORATORY

35

CERTIFICATION AGREEMENT

THIS AGREEMENT, made in Washington, D.C., this ___________ day of

__________________, 20 ____, by and between the SNOWMOBILE SAFETY AND

CERTIFICATION COMMITTEE INCORPORATED, hereinafter referred to as SSCC, and the Laboratory.

WHEREAS, SSCC authorizes the use of Certificates of Compliance, hereinafter referred to as “Certificate” and a Safety Label, hereinafter referred to as “Safety Label,” as a part of its safety program to manufacturers whose products comply with applicable

SSCC Safety Standards, and;

WHEREAS, Laboratory is an independent testing and inspection agency in the business of conducting tests and evaluations to determine if products conform to the requirements of established standards;

IT IS THEREFORE AGREED, as follows:

1. Obligations to Certify Compliance

Laboratory will conduct such evaluations, examinations and inspections on each product submitted to it by a manufacturer participating in the SSCC safety program, pursuant to a Request for Certification in a form included in a

Procedural Guide, a copy of which is attached hereto and incorporated herein by this reference, to determine initial and continued compliance with the SSCC

Safety Standards, as applicable. When its findings so indicate, Laboratory shall certify to SSCC its findings, indicating satisfactory compliance with the SSCC

Standard. This certification, in the form of a Letter of Compliance, shall be the basis on which authority to use the SSCC Safety Label or Certificate shall be granted by SSCC to the Manufacturer. The parties to this contract agree to be bound by all the conditions set forth herein, the conditions set out in the agreement between SSCC and the Manufacturer, in the form of the

Manufacturer Application, and the rights and obligations set forth in any

Procedural Guide which SSCC shall issue and which it may revise from time to time to supplement, but not contradict, this Agreement.

2. Request for Certification

A. With the concurrence of SSCC, Laboratory shall designate an appropriate

Request for Certification form which shall be completed by the participating manufacturer, in triplicate, for each product or model to be approved.

B. The Request for Certification forms shall contain certification by the manufacturer that the product or model submitted does in fact comply with the requirements of the applicable SSCC Safety Standards. Test data supporting this certification shall be made available to Laboratory for its evaluation.

36

3. Initial Letter of Compliance

A. Laboratory shall conduct such evaluation, examinations and inspections of the submitted data for each product or model submitted by a participating manufacturer as are necessary to determine initial compliance with applicable

SSCC Safety Standards in accordance with the terms and conditions of

Manufacturer’s Application and SSCC’s Procedural Guide.

B.

Upon Laboratory’s determination that a product or model for which a

Request for Certification has been submitted is in compliance with applicable

SSCC Safety Standards, Laboratory shall issue to SSCC and to the

Manufacturer an Initial Letter of Compliance which shall include the Request for

Certification endorsed by the Laboratory.

C. In the event that Laboratory’s representative determines a particular product or model to be not in compliance with applicable SSCC Safety

Standards, the Manufacturer may challenge Laboratory’s determination of noncompliance and request Laboratory to re-evaluate within a period of thirty (30) days such product or model as has been determined to be not in compliance with applicable SSCC Safety Standards. If, upon such re-evaluation, Laboratory shall determine the Manufacturer’s product or model is still not in compliance and in the event of disagreement between the Manufacturer and Laboratory as to whether a particular snowmobile or component is eligible to use the SSCC

Safety Label or Certificate, the Manufacturer may appeal the determination of noncompliance to the Manager of the Engineering Division of the Laboratory.

Said Manager shall render his decision with respect to compliance promptly and, in any event, within two (2) weeks of his receipt of the appeal.

4. Modifications of a Product Previously Certified

Changes made by a participating Manufacturer to a product previously certified shall be reported to Laboratory. Products or models manufactured with styling changes not affecting compliance with applicable SSCC Safety Standards, or with substitution of components which have been previously certified, and in the judgment of the Laboratory not affecting compliance status, shall be approved by the Laboratory.

5. Laboratory Evaluation for Initial and Continued Compliance

A. Participating manufacturers in SSCC’s safety program have granted duly authorized representatives of Laboratory the right to enter the Manufacturer’s premises in order to make inspections and evaluations of Manufacturer’s test documents and facilities and to witness appropriate testing. Laboratory shall undertake such inspections and evaluations in accordance with Manufacturer’s

Application and SSCC’s Procedural Guide.

B. The Laboratory shall conduct such inspections and evaluations under its established procedure, which shall be made known to the participating

Manufacturer, to provide assurance that products or models for which

37

certification has been requested or granted are in compliance with applicable

SSCC Safety Standards and that production models of certified products actually examined, inspected, evaluated, or tested during such audit are in conformance with the snowmobile model or component originally certified by the participating

Manufacturer to be in compliance with the applicable SSCC Safety Standards.

In the event the result of the audit so warrant, a Letter of Initial or Continuing

Compliance shall be issued by the Laboratory simultaneously to the participating

Manufacturer and SSCC.

C. The results of each inspection and evaluation shall be communicated within two (2) weeks to the participating Manufacturer by means of a Report.

Any matters requiring clarification or correction will be included in this report.

The representative of the Laboratory shall also review his findings verbally with the participating Manufacturer at the time of his visit.

D. In the event of any disagreement between a participating Manufacturer and the representative of the Laboratory as to whether a particular snowmobile or component conforms to applicable SSCC Safety Standards, the participating

Manufacturer may appeal to the Manager of the Engineering Division of the

Laboratory for a decision in accordance with the terms of the Manufacturer’s

Application and the SSCC Procedural Guide. Said Manager shall render his decision promptly and, in any event, within two (2) weeks of the date of his receipt of the appeal.

E. In the event that the results of the inspection and evaluation so warrant, a

Letter of Noncompliance shall be issued by the Laboratory simultaneously to the participating Manufacturer and SSCC in accordance with Manufacturer’s

Application and SSCC Procedural Guide.

6. Fees

Fees for the services of Laboratory shall be paid by SSCC or the Manufacturer in accordance with the fee Schedule approved by the Board of Directors.

7. Hold Harmless Agreement

Laboratory agrees that it will conduct the tests, examinations, inspections and evaluations and provide the data called for hereunder, and agrees to hold SSCC harmless and indemnify it and its officers, directors, employees and agents from any claim arising out of any non-certification or certification by Laboratory, or the representation that products in fact tested, examined, evaluated or inspected hereunder either comply or do not comply with the SSCC Safety Standards when such claim is occasioned by the negligence of the Laboratory.

8. Warranty

SSCC warrants that it will not under any circumstances use or authorize the use of the name of the testing Laboratory or its seals or insignia in any advertising to the general public. The parties hereto agree that in any event prior written

38

approval will be obtained by either party before the name, seal or insignia is used by the other party in any visual context.

9. Assignment

This Agreement may not be assigned in whole or in part by either party without the written consent of the other party.

10. Confidentiality

Laboratory shall not disclose to or discuss with any person or organizations, including SSCC, other than the Manufacturer from which the information was obtained, any information except so provided for in the Procedural Guide,

Manufacturer’s Application, and this Certification Agreement relating to the products, data or procedures of any participating Manufacturer obtained by

Laboratory pursuant to said Agreements without the prior written authorization of the Manufacturer from which such information was obtained.

11. Termination

A. This Agreement shall continue from year to year until terminated. Either party to this Agreement may terminate the Agreement in the event of:

1. A default by the other party in its performance of obligations under this agreement, which default shall have continued for a period of thirty (30) days after receipt of notice thereof; or

2. Insolvency or bankruptcy or the other party; or

3. Upon one hundred eighty (180) days written notice to the other party.

B. Termination of this Agreement by whatever means shall not affect any liability of the parties existing as of the date of such termination. Laboratory’s obligation of indemnity shall not cease, regardless of termination date with respect to products certified by it pursuant to this Agreement.

SNOWMOBILE SAFETY AND

CERTIFICATION COMMITTEE, INC.

By:__________________________

Title: Chairman_______________

TESTING LABORATORY

By:________________________

Title: ___________

39

PART V

THE SNOWMOBILE INDUSTRY

VOLUNTARY SOUND EMISSION

LABELING PROGRAM

40

SNOWMOBILE INDUSTRY VOLUNTARY SOUND EMISSION LABELING PROGRAM

In September 1977, the snowmobile industry announced a voluntary sound rating labeling program which provides the general public, snowmobile buyers, and interested governmental officials with information regarding snowmobile sound emissions. The program’s primary objective is to provide information that is useful in snowmobile purchase decisions.

The sound emission labeling program is administered by the Snowmobile Safety and

Certification Committee, Inc. Voluntary program participants may include snowmobile manufacturers who participate in the SSCC machine safety standards program.

Provisions of the labeling program are effective for all snowmobiles manufactured by program participants after January 1, 1978.

The sound emission label is designed in the form of a hang card to be attached to the handlebar of snowmobiles in the dealers’ showrooms. It can be placed only on those snowmobiles which also bear a label reflecting SSCC certification.

The sound emission label contains two numbers that reference the two sound emission tests currently in use by most US snowbelt states that regulate snowmobile sound emissions.

The label states that the snowmobile emits no more than 78 dB(A) per SAE J192, and no more than 73 dB(A) per SAE J1161. Both numbers represent maximum emissions.

The presentation of maximum emissions on the label has been chosen because measurement differences from variations in test sites and variation in the testing equipment used to measure emissions can be as much as six decibels on the same snowmobile. Because of this lack of consistency in results, the actual sound emission number obtained during SSCC certification testing is not used.

The provisions of this SSCC program do not preclude any participating snowmobile manufacturer from providing the public with additional sound level information on each model produced.

41

Table of Contents

I. Procedural Guide with Requirements of the Snowmobile Safety

Certification Program

II. Methods and Procedures for Determining Compliance

III. Manufacturer Application for Authorization to Use

SSCC Certification Label or Certificate

IV. Certification Agreement Between SSCC and Independent

Certification Laboratory

V. The Snowmobile Industry Voluntary Sound Emission

Labeling Program pg. 3 pg. 14 pg. 28 pg. 35 pg. 40

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