Off the Beaten Path

1
Off the Beaten Path

• Massachusetts ATV safety law
• Lewis C. Howe, Executive Director
• The Safety Institute, Inc.
• Consumer Product Safety Commission
• Oct.11, 2012

2
TSIs interest in ATVs

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

3
ATVs are not for kids

• A deadly threat Between 1995 and 2005, ATVs
  killed at least 1,218 children under age 16. 
  These children account for 27 percent of all
  ATV-related deaths during this period. (Consumer
  Product Safety Commission, 2005 Annual Report of
  All-Terrain Vehicle (ATV)-Related Deaths and
  Injuries)
• ATVs roll over easily ATVs are not meant for
  passengers ATVs can weigh up to 800 pounds
  Uneven terrain or unforeseen obstacles can
  easily cause an ATV to roll over.

4
A Landmark Law

• Language of Seans Law (Chapter 202 of
  Massachusetts Acts of 2010)
• Section 26. (a) (1) No person under 14 years of
  age shall operate an all terrain vehicle or
  recreation utility vehicle. (Exceptions provided
  for snowmobiles and motocross competitions)
• (2) No person between 14 and 16 years of age
  shall operate an all-terrain vehicle or
  recreation utility vehicle with an engine
  capacity greater than 90 cubic centimeters
  provided, however, that a person between 14 and
  16 years of age may operate an all-terrain
  vehicle or recreation utility vehicle with an
  engine capacity equal to or less than 90 cubic
  centimeters if directly supervised by a person 18
  years of age or older.
• (b) No person aged 18 years of age or older shall
  knowingly permit another, who is under the age of
  18, to operate a snow vehicle or recreation
  vehicle in his custody or under his control in
  violation of this chapter.

5
A winning team

• The Kearneysagreed to call it Seans Law
• CDC Core Injury Prevention Program
• Massachusetts Prevent Injuries Now! Network
  (ICPG)
• Massachusetts General HospitalDr. Peter Masiakos
• Childrens Hospital, BostonDr. Lois Lee
• Concerned Families for ATV SafetyCarolyn
  Anderson
• Childrens Safety Network
• SafeKids Massachusetts Chapters
• American Academy of Pediatrics, MA Chapter
• MA Medical Society
• Key State legislators, bipartisan coalition.

6
Knowing the landscape

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

7
Why keep ATVs away from kids?

• The American Academy of Pediatrics (AAP) and
  American Academy of Orthopedic Surgeons (AAOP)
  have adopted formal policies recommending that
  children under age 16 not drive ATVs.According
  to AAP Laws should prohibit the use of ATVs,
  on- or off-road, by children and adolescents
  younger than 16 years. An automobile drivers
  license, and preferably some additional
  certification in ATV use, should be required to
  operate an ATV.(AAP, Policy Statement,
  All-Terrain Vehicle Injury Prevention Two-,
  Three-, and Four-Wheeled Unlicensed Motor
  Vehicles, 2000)The American Academy of
  Orthopedic Surgeons states The American Academy
  of Orthopedic Surgeons considers ATVs to be a
  significant public health risk. . . The minimum
  age of 16 for operating an ATV on or off the road
  should be enforced. (AAOS, Position Statement,
  All-Terrain Vehicles, 1992)
• Massachusetts was the first state to create a
  law based on these recommendations.
• Courtesy, Concerned Families for ATV Safety

8
Encouraging results

•  In the first full year of Seans Law, 34 fewer
  children ages 10-14 were sent to the ED because
  of injuries sustained on an ATV. 

Ages 0-9 Ages 10-14 Ages 15-19
62 303 221
59 243 172
39 246 160
49 253 143
46 201 127
46 218 159
37 213 118
31 158 84
FY 2004 2005 2006 2007 2008 2009 2010 2011
Off-Road Motor Vehicle Injuries by Trends in
Massachusetts Emergency Department Discharges
Associated with Non-motorcyclist Age Subgroup,
All Dispositions, All Persons and Age Groups 
9
Hospitalization data for kids 0-14

• Trends in Massachusetts Inpatient Hospital
  Discharges Associated with Non-motorcyclist
  Off-Road Motor Vehicle Injuries by Age Subgroup
• Ages 0-14, by Fiscal Year
• In the first year under Seans Law, hospital
  discharges for children 0-14 were reduced by
  almost half.

FY 2004 30
FY 2005 25
FY 2006 20
FY 2007 21
FY 2008 23
FY 2009 19
FY 2010 20
FY 2011 11
10
Fewer Traumatic Brain Injuries

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

11
Hospital discharges in MA, youth ages 15-19

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

12
Publicizing ATV safety laws is neither difficult
nor expensive

• TSI has prepared the following 60 second PSA on
  Seans Law and its impact.
• http//www.youtube.com/watch?vRq8RzloO9sc

13
The road ahead

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

14
Questions or Comments

• Lewis C. Howe
• Executive Director
• The Safety Institute, Inc.
• 340 Anawan Street
• Rehoboth, MA 02749
• www.thesafetyinstitute.org