Quad bike safety war heats up

A war of words has erupted over quad bike safety, with the Australian consumer watchdog (ACCC) and the Federal Chamber of Automotive Industry (FCAI) going toe-to-toe over new ATV regulations.

The debate recently took another fierce turn, with a new ATV safety study by the US Consumer Product Safety Commission (CPSC) providing more ammunition for both parties.

According to the ACCC, the CPSC study proves that mandatory roll over protection systems (ROPS), or operator protection devices (OPDs), are likely to reduce injuries and deaths relating to quad bike rollovers. The study tested the effectiveness of OPDs in rollovers at low or moderate speeds.

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However, the FCAI has hit back at the ACCC’s claims, declaring that the study was in fact inconclusive, and that the ACCC has neglected information that does not support its argument.

The heated exchange is the latest in the debate over the new ATV safety regulations, which will gradually be implemented from October 2020. The regulations were accepted by the Federal Government in 2019 following ACCC recommendations. By October 2021, all new ATV’s in Australia will need to be fitted with warning labels and rollover protection, as well as undergo stability testing.

Manufacturers say no

Many of the major quad bike manufacturers in Australia have rejected the new regulations, and have instead chosen to leave the local ATV market. The manufacturers have sided with the FCAI in its assertion that there is not enough research to prove the effectiveness of mandatory OPDs.

Polaris, Honda, Yamaha, Suzuki and BRP have all declared they will exit the Australian ATV market by October 2021, in a huge blow for the industry and agricultural workers around the country.

One manufacturer told bikesales that the fight against the regulations has never been about cost, and that the safety of its customers is the only motivation.

Further danger

There is a growing belief among the manufacturers and the FCAI that OPDs could potentially cause more injuries than they will prevent. While the FCAI has never denied that the devices might occasionally prevent injury or death, it has commissioned independent studies which show there is no net safety benefit in fitting an OPD to an ATV.

The FCAI has a number of concerns over the effectiveness of the OPDs. It believes the devices prevent active riding, and also compromise the rollover dynamics of the vehicle, potentially leading to further injuries and deaths.

The ACCC has continued to defend the new regulations and is supported by major farm lobby groups including FarmSafe and the National Farmers Federation. In addition to the recent CPSC study, the ACCC has also pointed to a University of New South Wales study as evidence of the effectiveness of OPDs.

But the FCAI says that the ACCC’s information is misleading and that it fails to see the bigger picture. It also questioned the integrity of OPD testing, which is generally undertaken in controlled environments without taking into account likely real-world scenarios.

Interestingly, there are multiple ROPS/OPD designs rather than one standardised design. One source told bikesales that this is because none of the independent designers of these devices could prove undeniably that their device was most effective.

Numbers game

In 2020 alone, there has been 13 quad bike fatalities in Australia, three of which were children. However, the exact circumstances that led to these fatalities is only made clear for some of the incidents. Factors such as helmet use, possible weight imbalance, possible incline, ground surface and type of activity were only reported some cases.

The FCAI and manufacturers have consistently preached the benefits of mandatory helmet use, the restriction of children riding adult quads, responsible riding and education. A recent statement from the FCAI suggested that over half of quad bike fatalities could be prevented by following these simple measures.

In 2017, a Tasmanian coronial inquest into ATV fatalities recommend ATV licencing and mandatory helmet use, as well as prevention of children riding adult ATV's, and rules limiting ATV passengers.

Farm lobby group AgForce recently joined the fight, speaking out against roll over protection and suggesting mandatory helmet use and an ATV licencing system as better alternatives.

The general belief from the anti-OPD camp is that the ACCC made its recommendations on OPDs under the idea that it was a ‘silver-bullet’ fix that would avoid the need for complicated licencing schemes, rules and behavioral changes. But the FCAI and manufacturers are deeply concerned it will not fix the problem, but actually contribute to it.

While this debate will continue for some time, a change of heart from the Government appears unlikely, with both major political parties reportedly backing the regulations. bikesales will continue to follow the story.