Off the Beaten PathOff the Beaten PathMassachusetts’ ATV safety lawMassachusetts’ ATV safety law

Lewis C. Howe, Executive DirectorLewis C. Howe, Executive DirectorThe Safety Institute, Inc. The Safety Institute, Inc.

Consumer Product Safety CommissionConsumer Product Safety CommissionOct.11, 2012Oct.11, 2012

TSI’s interest in ATVsTSI’s interest in ATVs

The Safety Institute emphasizes injury prevention and product safety The Safety Institute emphasizes injury prevention and product safety as an important basis for a healthy and productive society and as a as an important basis for a healthy and productive society and as a vital component to reducing health care costs.vital component to reducing health care costs.The TSI’s Survivors Network provides guidance and support to The TSI’s Survivors Network provides guidance and support to survivors and their families following catastrophic injury. In addition it survivors and their families following catastrophic injury. In addition it advocates for the prevention of injuries and promotes product safety.advocates for the prevention of injuries and promotes product safety.Members include Concerned Families for ATV Safety; and the Sean Members include Concerned Families for ATV Safety; and the Sean Kearney Foundation.Kearney Foundation.

ATVs are not for kidsATVs are not for kids

– A deadly threat: Between 1995 and 2005, ATVs killed at least A deadly threat: Between 1995 and 2005, ATVs killed at least 1,218 children under age 16.  These children account for 27 1,218 children under age 16.  These children account for 27 percent of all ATV-related deaths during this period. percent of all ATV-related deaths during this period. (Consumer (Consumer Product Safety Commission, 2005 Annual Report of All-Terrain Product Safety Commission, 2005 Annual Report of All-Terrain Vehicle (ATV)-Related Deaths and Injuries)Vehicle (ATV)-Related Deaths and Injuries)

ATVs roll over easilyATVs roll over easilyATVs are not meant for passengersATVs are not meant for passengersATVs can weigh up to 800 pounds ATVs can weigh up to 800 pounds Uneven terrain or unforeseen obstacles can easily cause an Uneven terrain or unforeseen obstacles can easily cause an ATV to roll over.ATV to roll over.

A Landmark LawA Landmark Law

Language of “Sean’s Law” (Chapter 202 of Massachusetts Acts of 2010)Language of “Sean’s Law” (Chapter 202 of Massachusetts Acts of 2010)

Section 26. (a) (1) Section 26. (a) (1) No person under 14 years of age shall operate an all terrain No person under 14 years of age shall operate an all terrain vehicle or recreation utility vehiclevehicle or recreation utility vehicle. (Exceptions provided for snowmobiles and . (Exceptions provided for snowmobiles and motocross competitions)motocross competitions)

(2) No person between 14 and 16 years of age shall operate an all-terrain (2) No person between 14 and 16 years of age shall operate an all-terrain vehicle or recreation utility vehicle with an engine capacity greater than 90 vehicle or recreation utility vehicle with an engine capacity greater than 90 cubic centimeters; provided, however, that a person between 14 and 16 years cubic centimeters; provided, however, that a person between 14 and 16 years of age may operate an all-terrain vehicle or recreation utility vehicle with an of age may operate an all-terrain vehicle or recreation utility vehicle with an engine capacity equal to or less than 90 cubic centimeters if directly engine capacity equal to or less than 90 cubic centimeters if directly supervised by a person 18 years of age or older. supervised by a person 18 years of age or older. (b) No person aged 18 years of age or older shall knowingly permit another, (b) No person aged 18 years of age or older shall knowingly permit another, who is under the age of 18, to operate a snow vehicle or recreation vehicle in who is under the age of 18, to operate a snow vehicle or recreation vehicle in his custody or under his control in violation of this chapter. his custody or under his control in violation of this chapter.

A winning teamA winning teamThe Kearneys—agreed to call it “Sean’s Law”The Kearneys—agreed to call it “Sean’s Law”CDC Core Injury Prevention ProgramCDC Core Injury Prevention ProgramMassachusetts Prevent Injuries Now! Network (ICPG)Massachusetts Prevent Injuries Now! Network (ICPG)Massachusetts General Hospital—Dr. Peter MasiakosMassachusetts General Hospital—Dr. Peter MasiakosChildren’s Hospital, Boston—Dr. Lois LeeChildren’s Hospital, Boston—Dr. Lois LeeConcerned Families for ATV Safety—Carolyn Concerned Families for ATV Safety—Carolyn AndersonAndersonChildren’s Safety NetworkChildren’s Safety NetworkSafeKids Massachusetts ChaptersSafeKids Massachusetts ChaptersAmerican Academy of Pediatrics, MA ChapterAmerican Academy of Pediatrics, MA ChapterMA Medical SocietyMA Medical SocietyKey State legislators, bipartisan coalition.Key State legislators, bipartisan coalition.

Knowing the landscapeKnowing the landscape

Our advocates successfully pushed for Sean’s Law using Our advocates successfully pushed for Sean’s Law using multiple arguments attractive to legislators of all persuasions:multiple arguments attractive to legislators of all persuasions:ATV safety is a children’s rights issue: any consumer product ATV safety is a children’s rights issue: any consumer product that, when used as intended, can cause danger to the user is a that, when used as intended, can cause danger to the user is a product that should not be available for sale.product that should not be available for sale.A parents’ rights issue—outside of rural areas, many parents A parents’ rights issue—outside of rural areas, many parents often don’t know what ATVs are or how powerful they are.often don’t know what ATVs are or how powerful they are.A health care system cost containment issue—fewer serious A health care system cost containment issue—fewer serious injuries, including TBIs, reduces costs for the care and recovery injuries, including TBIs, reduces costs for the care and recovery of those injured.of those injured.

The American Academy of Pediatrics (AAP) and American Academy of Orthopedic Surgeons The American Academy of Pediatrics (AAP) and American Academy of Orthopedic Surgeons (AAOP) have adopted formal policies recommending that children under age 16 not drive ATVs.(AAOP) have adopted formal policies recommending that children under age 16 not drive ATVs.

According to AAP: “Laws should prohibit the use of ATVs, on- or off-road, by children and According to AAP: “Laws should prohibit the use of ATVs, on- or off-road, by children and adolescents younger than 16 years. An automobile driver’s license, and preferably some adolescents younger than 16 years. An automobile driver’s license, and preferably some additional certification in ATV use, should be required to operate an ATV.”additional certification in ATV use, should be required to operate an ATV.” (AAP, Policy (AAP, Policy Statement, All-Terrain Vehicle Injury Prevention: Two-, Three-, and Four-Wheeled Unlicensed Statement, All-Terrain Vehicle Injury Prevention: Two-, Three-, and Four-Wheeled Unlicensed Motor Vehicles, 2000)Motor Vehicles, 2000)

The American Academy of Orthopedic Surgeons states: “The American Academy of Orthopedic The American Academy of Orthopedic Surgeons states: “The American Academy of Orthopedic Surgeons considers ATVs to be a significant public health risk. . . The minimum age of 16 for Surgeons considers ATVs to be a significant public health risk. . . The minimum age of 16 for operating an ATV on or off the road should be enforced.” (AAOS, Position Statement, All-Terrain operating an ATV on or off the road should be enforced.” (AAOS, Position Statement, All-Terrain Vehicles, 1992) Vehicles, 1992) Massachusetts was the first state to create a law based on these recommendations. Massachusetts was the first state to create a law based on these recommendations. Courtesy, Concerned Families for ATV SafetyCourtesy, Concerned Families for ATV Safety

Why keep ATVs away from kids?Why keep ATVs away from kids?

Encouraging resultsEncouraging results  In the In the first full first full year of year of Sean’s Sean’s Law, 34 Law, 34 fewer fewer children children ages 10-ages 10-14 were 14 were sent to sent to the ED the ED because because of injuries of injuries sustained sustained on an on an ATV. ATV. 

Ages Ages 0-90-9

Ages Ages 10-1410-14

Ages Ages 15-1915-19

6262 303303 221221

5959 243243 172172

3939 246246 160160

4949 253253 143143

4646 201201 127127

4646 218218 159159

3737 213213 118118

3131 158158 8484

FYFY 20042004

20052005

20062006

20072007

20082008

20092009

20102010

20112011Off-Road Motor Vehicle Injuries by Trends in Massachusetts Emergency Department Discharges Associated with Non-motorcyclist Age Subgroup, All Dispositions, All Persons and Age Groups 

Hospitalization data for kids 0-14Hospitalization data for kids 0-14

Trends in Massachusetts Inpatient Trends in Massachusetts Inpatient Hospital Discharges Associated Hospital Discharges Associated with Non-motorcyclist Off-Road with Non-motorcyclist Off-Road Motor Vehicle Injuries by Age Motor Vehicle Injuries by Age Subgroup Subgroup

Ages 0-14, by Fiscal YearAges 0-14, by Fiscal Year

In the first year under In the first year under Sean’s Law, hospital Sean’s Law, hospital discharges for children 0-discharges for children 0-14 were reduced by 14 were reduced by almost half.almost half.

FY 2004FY 2004 3030

FY 2005FY 2005 2525

FY 2006FY 2006 2020

FY 2007FY 2007 2121

FY 2008FY 2008 2323

FY 2009FY 2009 1919

FY 2010FY 2010 2020

FY 2011FY 2011 1111

Fewer Traumatic Brain Injuries Fewer Traumatic Brain Injuries

According to the MA Department of Public According to the MA Department of Public Health, the number of ATV-related Health, the number of ATV-related traumatic brain injuries dropped during the traumatic brain injuries dropped during the first year of Sean’s Law from 141 to 108, a first year of Sean’s Law from 141 to 108, a decrease of 21 percent. decrease of 21 percent. Trends in Massachusetts Emergency Department Discharges Associated with Traumatic Brain Trends in Massachusetts Emergency Department Discharges Associated with Traumatic Brain Injury Caused by Non-motorcycle Off-Road Motor Vehicle , All Dispositions, All PersonsInjury Caused by Non-motorcycle Off-Road Motor Vehicle , All Dispositions, All Persons

Hospital discharges in MA, youth Hospital discharges in MA, youth ages 15-19ages 15-19

In 2009, 36 Massachusetts youth ages 15-19 In 2009, 36 Massachusetts youth ages 15-19 were discharged from hospitals following ATV-were discharged from hospitals following ATV-related injuries.related injuries.This number fell to 27 in 2010 and, after This number fell to 27 in 2010 and, after passage of Sean’s law, dropped to just 13 in passage of Sean’s law, dropped to just 13 in 2011. 2011. More study is needed to determine the impact of More study is needed to determine the impact of the law on these figures.the law on these figures.With better outreach and promotion of the law, With better outreach and promotion of the law, we hope for further reductions in injury rates.we hope for further reductions in injury rates.

Publicizing ATV safety laws is Publicizing ATV safety laws is neither difficult nor expensive neither difficult nor expensive

TSI has prepared the following 60 second TSI has prepared the following 60 second PSA on Sean’s Law and its impact. PSA on Sean’s Law and its impact.

http://www.youtube.com/watch?v=Rq8Rzlhttp://www.youtube.com/watch?v=Rq8RzloO9scoO9sc

The road aheadThe road ahead

Next Steps—In MA, TSI and its partners will work with MA DCR to Next Steps—In MA, TSI and its partners will work with MA DCR to educate parents of ALL 10-14 year olds. Not just those who already educate parents of ALL 10-14 year olds. Not just those who already ride.ride.In Other states—redesign ATVs to make them safer, and discourage In Other states—redesign ATVs to make them safer, and discourage passengers on ATVs.passengers on ATVs.Step up educational efforts to discourage unsafe and risky behavior.Step up educational efforts to discourage unsafe and risky behavior.Stop marketing ATVs to young children as fun toys!!!Stop marketing ATVs to young children as fun toys!!!

Questions or CommentsQuestions or Comments

Lewis C. HoweLewis C. Howe

Executive DirectorExecutive Director

The Safety Institute, Inc.The Safety Institute, Inc.

340 Anawan Street340 Anawan Street

Rehoboth, MA 02749Rehoboth, MA 02749

www.thesafetyinstitute.orgwww.thesafetyinstitute.org