1. Developing State Laws on ATVs and OHVs Presenters: Michael Best, Consumer Federation of America Rachel Weintraub, Consumer Federation of America Dwayne Smith, Safe Kids Colorado Beth Barnes, Safe Kids Vermont Moderator: Anthony Green, Safe Kids Worldwide

2. February 25, 2016 Michael Best, Senior Policy Advocate, CFA Fatal OHV Vehicle Crashes Safe Kids Worldwide

3. All-Terrain Vehicles (ATVs) Four-wheel vehicle designed for off-road use Straddled seating position and steered with handlebar Short wheelbase, narrow track width, high center of gravity Typically designed for 1 occupant Some have side-by-side seating and steering wheel

4. www.iihs.org ATV Rider On-Road Deaths 1982-2013 NHTSA FARS

5. www.iihs.org ATV Rider On-Road and Off-Road Deaths 1999-2009 CPSC on & off-road and NHTSA on-road

6. Information on Off-Road Vehicle Deaths Google News Consumer Product Safety Commission (CPSC) summaries of Incident Investigations CPSC summaries of Reported Incidences National Highway Traffic Safety Administration Fatality Analysis Reporting System data Occupational Health and Safety Administration fatality data State, county, and local law enforcement crash investigations

7. Deaths by Vehicle Type Percent; 506 deaths January – December 2015

8. Location of Fatal ATV and ROV Crashes Percent by vehicle type; January – December 2015

9. ATV- or ROV- Related Deaths by Person Type Percent by vehicle type, January – December 2015

10. ATV- and ROV-Related Deaths by Age Group Percent by vehicle type, January – December 2015

11. ROV Deaths by Type of Crash 76 deaths January – December 2015 of these single-vehicle crashes, 75% involved rollover at some point during crash of the crashes involving rollover, 48% of occupants were pinned or rolled over by the ROV No crashes with off-road vehicles, animals, pedestrians

12. ATV Deaths by Type of Crash 403 deaths January – December 2015 of these single-vehicle crashes, 48% involved rollover at some point during crash of the crashes involving rollover, 52% of occupants were pinned or rolled over by the ATV

13. Helmet Use in ATV and ROV Fatal Crashes Percent, by vehicle type; January – December 2015

14. Belt Use in ROV Fatal Crashes Percent; January – December 2015

15. OHVs: The Growing Safety Crisis of On-Road Use

16. Rachel Weintraub Legislative Director and General Counsel Consumer Federation of America Presentation to Safe Kids Worldwide February 25, 2016 Consumer Federation of America is a non-profit association of approximately 280 pro-consumer groups that was founded in 1968 to advance the consumer interest through advocacy and education. www.consumerfed.orgwww.consumerfed.org

17. Agenda Agenda Today: Over view of OHV On- Road Research OHV Advocacy Work with a Focus on Keeping OHVs Off Roads Strengthening our Coalition

18. OHV Safety and Ongoing Expansion of OHV Use on Roads

19. What type of State regulations exist? Almost every state regulates OHVs in some way including: Minimum rider age—some states have ages as low as 8 or 10 years old. Helmet requirements Where OHV riding is permissible Photo by Nick Aldwin available under a Creative Commons LicenseNick Aldwin Creative Commons License

20. CFA Released Report on March 13, 2014: ATVs on Roadways: A Safety Crisis Growing safety hazard from ATVs on roads because most states now allow ATVs on roads despite: ATVs are not designed for on-road use. Industry, regulators and public health advocates all agree that ATVs do not belong on roads. Most ATV deaths occur on roads. The last decade has seen an increase in the number of state laws allowing ATVs on roads. Photo by Andy Arthur available under a Creative Commons LicenseAndy ArthurCreative Commons License

21. OHVs Not Designed For Use on Road Photo by Mykl Roventine available under a creative commons licenseMykl Roventinecreative commons license Tipping Danger Low Pressure Tires are not Suitable for Road Use

22. Industry, Regulators, Advocates all Agree… OHVs Unsafe on Roads

23. 2015: Findings of Updated Report Wherever ATVs are allowed on roads, ROVs are also allowed on roads. This includes 35 states.

24. The Majority of States Now Allow Recreational OHV Use on Some Roads

25. 10 Year Trend of State Laws Authorizing OHVs on Roads

26. Decisions Largely Made at local Level—Creating Confusion and Enforcement Problems

27. We Need To Reverse This Trend Strong Prohibition of On-Road Riding Restricts Riding on ALL right of ways Enforcement Mechanism Penalties Sufficient to Deter Limited Work Exceptions

28. Delaware: Example of Strong State Prohibition OHVs Prohibited on entire Right of way—no riding on shoulder of road Only allows OHVs on roads for parades or other special activities  No Work exceptions  No crossing roads—ATVs must be pushed across roads Fines and impoundment  Police may impound to stop violation of law  First offense: $100  Second Offense: $400 and mandatory 6 month impoundment

29. 61 Letters Sent Since April 2014 CFA sends letters in opposition to expanding ATV access to states, cities, and counties when alerted by news reports or by concerned consumers. Since April 2014 CFA has sent 61 letters 11 state level letters; 22 county letters; 3 Forest Service letters; 25 cities and towns; across 20 states. Photo by Ahren made available under a Creative Commons license

30. THERE IS WORK TO BE DONE AT ALL LEVELS Ongoing need for Action to Improve Safety

31. State Laws States need to pass bright-line laws prohibiting OHV use on all roads including the shoulder or any other part of the right-of-way. Photo by J. Stephen Conn (slightly cropped) made available under a Creative Commons licenseJ. Stephen Conn Creative Commons license

32. Local Jurisdictions Need Information on Danger of OHVs on Roads Photo by Io. Lagana available under a Creative Commons licenseIo. Lagana Creative Commons license Where States allow local jurisdictions to authorize OHVs on roads advocates can offer a valuable safety perspective to local deliberations Our Coalition has sent 61 letters to jurisdictions in 20 states since April 2014 See the letters and other resources at http://consumerfed.org/off-highway- vehicle-safety/ If you would like to Join our coalition and sign on to our letters, please email Michael Best mbest@consumerfed.orgmbest@consumerfed.org

33. Strengthen Our Coalition Please join us in the effort to oppose expanding OHV road access. We need to find out what is happening earlier so that we can engage earlier. We need partners on the ground to help communicate the hazards of OHV on-road use.

34. Framing OHV Policy Discussions: Perspectives from Safe Kids Colorado Dwayne Smith, M.Ed., M.C.H.E.S. Injury Prevention Program Manager Children’s Hospital Colorado

36. Current OHV Law in Colorado No one under 10 can operate an OHV on roads designated as Off-Highway Vehicle routes. People over age 10 must be a licensed driver or under the direct supervision of a person with a driver’s license (within direct visual contact). Colorado Parks and Wildlife Rule 504 The Colorado Parks and Wildlife agency states that they have tried to ensure consistency across Colorado’s diverse composition of state parks and federal lands by setting the standard at the Bureau of Land Management’s threshold of 10 years old.

37. Evolution of the OHV Policy Issues in Colorado: 2015-2016 HB 15-1054 was introduced to expand OHV access to county roads. Children’s Colorado opposed the bill. It later died in committee due to a large fiscal note related to OHV registration costs In an effort to continue the discussion, legislators established an interim committee during the summer of 2015 to discuss the OHV policy options with input from counties, municipalities, public safety advocates, transportation agencies, and environmentalists.

38. Evolution of the OHV Policy Issues in Colorado: 2015-2016 Children’s Colorado recommendations to the interim legislative committee: Don’t move forward with any legislative effort that would make it more likely that very young children and youth would be injured or killed using Off-Highway Vehicles on public roads. Apply any results from the Committee’s work to public policies for adults only.

39. Legislation in 2016 House Bill 16-1030 The legislation provides counties and cities with the flexibility to create a higher safety threshold through local ordinance on roads and streets by increasing the limit beyond 10 years old which is currently in state rule. Counties can now require driver’s licenses as well as liability insurance. Children’s Colorado is NEUTRAL on this bill. Our preferred policy option would have been a statewide requirement for driver’s licenses but this was not possible given the resistance from certain counties and the current regulatory framework for OHVs in the state. The bill has passed the House 63-2 and is awaiting action in the Senate.

40. Case Study from Gilpin County, CO

44. Acute Care Charges for Injured 12 YO Initial 45-day hospital stay at CHCO: $533,230.35 (2) subsequent inpatient surgical stays: $104,461.97 (19) subsequent outpatient procedures: $16,315.17 Total charges (as of 2/18/16): $654,007.49 Primary Payer: Medicaid - approximate reimbursement to CHCO = $137,876.80 Secondary Payer: Self-Pay – CHCO will write off approximately $516,130.69 as “charity care”

45. Severe OHV Injuries Treated at CHCO: 2010-2015 159 cases in Trauma Registry from 1/1/10 – 12/31/15 145 with known Payer, of which 30% were Medicaid (N=44) 15 different state Medicaid plans were billed for care: CA, CO, ID, KS, MT, NE, NV, NM, NC, OKO, OR, SD, UT, WA, WY Total acute care charges for known Payers: $8,024,919.05, or an average of $55,344.27 per incident Total acute care charges for Medicaid (N=42): $2,485,299.09, or an average of $59,173.79 per incident

46. Continuation of CHCO Advocacy Efforts Ongoing surveillance of OHV-related injury data Ongoing participation in local CFR committees Continuing to inform lawmakers about the inherent dangers of young children riding OHVs, and the resulting direct care costs to the state and non- profit hospitals Continuing to work with the CO Parks and Wildlife re: agency rule which permits 10 year olds to drive OHVs To the extent possible, monitor county policies on OHV regulations

47. CHCO Staff Acknowledgements Zach Zaslow, Manager, Government Affairs Ellen Stern, Senior Policy & Advocacy Coordinator Sean Reiter, Business Intelligence Analyst Jason Johnson, Manager, Finance

48. ATV SAFETY … because it matters A ll T errain V ehicles are not toys, they are machines. With preparation and practice ATV’s can be ridden safely for fun and function. The issue is encouraging SAFE use.

49. ATV SAFETY … because it matters Educating for safer ATV use I asked myself… “What kind of safety campaign would best serve our hospital community?” Polled hospital pediatricians and emergency room doctors, the people on the front line. ( the message was clear that ATV safety was an issue ) Reached out to local industry and started to understand the culture, the machines and the traditions. ( respect the culture and traditions, even if they are not your own, they run deep with others ) Found anyone who could help build momentum…they may not be local so keep casting a wide net. ( found VASA, the state umbrella organization for all Vermont ATV clubs ) Established a foothold within the local community of ATV users ( Borderline Ridge Riders immediately got on board for a safety campaign )

50. ATV SAFETY … because it matters The Results On April 23, 2016 North Country Hospital in collaboration with VASA (Vermont ATV Sportsman’s Association) and the Borderline Ridge Riders will be hosting VEST classroom ATV safety training for the Northeast Kingdom community In Spring 2016, North Country Hospital in collaboration with VASA and the Borderline Ridge Riders will be hosting hands on ATV safety training C ollaboration…. E ducation…. O utreach = Success

51. ATV SAFETY … because it matters VASA Education Safety Training (VEST) A ½ day FREE course on safe & responsible ATV operation  Common ATV parts  Safeguarding rider with protective gear and clothing  Understanding the risks of off-road terrain  Inspecting and operating your ATV  Speed and stopping  Observing codes of safety  Trail etiquette  Training in basic survival skills  Crossing roads and highways  And, more…

52. OHVs are here to stay – make their use safer. Common sense laws for safety. In 2015, 33% of ROV fatalities involved kids under 16. Top age group for ATV – ROV deaths 0-15. 30% no helmet, 50% no seat belts. TOP TAKEAWAYS safekids.org OHV – Safety and Public Policy

53. Most OHV deaths occur on public roads. We need your on-the-ground intelligence. We need partners on the ground to help communicate the hazards of OHV on-road use Lobbying to ease restrictions on OHVs is not going away. 53 TOP TAKEAWAYS safekids.org OHV – Safety and Public Policy

54. Costs on community are significant— Medicaid—not just a “local issue.” Data on costs can help legislators make smarter decisions. Advocate for a higher safety standard (operator’s age, mandatory helmet and eye protections, etc.)--negotiate down Along with policy, education on OHV safety crucial. 54 TOP TAKEAWAYS safekids.org OHV – Safety and Public Policy

55. QUESTIONS? Remember to Take the Survey in the Follow Up Email after the Webinar

56. Contact Information Rachel Weintraub, Consumer Federation: rweintraub@consumerfed.org rweintraub@consumerfed.org Michael Best, Consumer Federation: mbest@consumerfed.orgmbest@consumerfed.org Dwayne Smith, Safe Kids Colorado: dwayne.smith@childrenscolorado.org dwayne.smith@childrenscolorado.org Beth Barnes, Safe Kids Vermont: bbarnes@nchsi.orgbbarnes@nchsi.org Anthony Green, Safe Kids Worldwide: agreen@safekids.orgagreen@safekids.org Reuben Overmark, Safe Kids Worldwide, rovermark@safekids.orgrovermark@safekids.org