Category Archives: Regulation & policy

Road Use Regulation Roundup: May 2016

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The following is a summary of some of the road use regulations for golf cars, LSVs, ATVs and UTVs that has been passed or is being considered at the state, county and city levels since October 2016. Some trends in this latest regulation roundup:

  • Many of the ordinances cover the use of UTVs and ATVs on public roads while others also involve golf cars or sole involve golf cars. Few involve LSVs or NEVs.
  • In many instances the impetus for the regulations started with local residents approaching local council members or city managers.
  • Regulatory activity is happening primarily at the town or city level, but there is some action at the county level as well.
  • The regulations are a mix of those restricting on road use of ATVs, UTVs and golf cars and those allowing the use of these vehicles.

Chillicothe, IL – The Public Safety Committee agreed to send an ordinance prohibiting the use of UTVs on local roads after numerous calls from residents against an initial ordinance allowing the vehicles. Golf cars are still allowed.

Solon, IA – City Council voted against an ordinance that would allow UTVs on some city streets. Concerns were raised about safety given the size and speed of the vehicles and the fact that the city has no police officers of its’ own to enforce the ordinance. The city has allowed golf cars on certain streets since 2011.

Jefferson, WI – The city council unanimously approved an ordinance allowing NEVs on city streets with posted speed limits of 35 mph or less. The ordinance pertains to vehicles that conform to NHTSA LSV standards.

Panorama Village, TX – The city approved a golf car registration ordinance to ensure that residents are following regulations regarding use of golf cars on city streets.

Gulf Breeze,  FL – The city council is considering strengthening golf car regulations for street use because of concerns with unsafe golf cart operations including use by children and teenagers, use on pedestrian sidewalks, use on high-traffic streets, excessive occupant loads and use at night with no headlights.

Louisa County, IA – The board of supervisors approved an ordinance allowing ATVs and UTVs on secondary roads in the county.

Barry County, MI – The Board of Commissioners approved an ordinance that opens non-highway roads to off-road vehicles (quads, ATVs, dirt bikes and UTVs) with a speed limit of 25 mph, but bars the vehicles from city and village streets and state roads. It also increases fines for unauthorized use of the vehicles from $60 to $250, with a portion of the revenue set aside for road repairs.

Gardner, WI – Urged by residents, the town board is considering allowing ATVs and UTVs on local and county roads in town. Vehicle users want to establish a trail to connect with neighboring towns that allow the vehicles.

Wadena, MN – The city passed ordinance that will allow permitted use of ATVs, UTVs, golf cars and other types of vehicles that are used for snow removal or other uses in the city. They are also working on an ordinance for recreational use of these same vehicles.

Jacksonville, IL – The City Council is working on an ordinance to allow street legal gof cars and utility vehicles on city roads. Drivers are required to have a valid license, carry mandatory liability insurance, pay a $75 permit fee and be at least 18 years old. Vehicles must have a review mirror, warning devices, seat belts, taillights, brake lights and turn signals.

Delaware County, IA – Delaware County officials are exploring the possibility of allowing all-terrain vehicles on county roads. A group of local ATV enthusiasts recently asked county supervisors to open county routes to the vehicles, as well as utility vehicles. The 100 members of Roads to Trails say there are limited options locally to use the vehicles.

Danville, IL – Danville Township passed an ordinance allowing people to use golf cars and UTVs on township roads after the vehicle has been inspected and an annual $25 fee has been paid.

Fayette County, IL – The County Board did not approve an ordinance allowing low speed vehicles on rural roads in the county. The ordinance pertained to ATVs, UTVs and golf cars.

Panama City Beach, FL – The council directed the city’s legal team to craft an ordinance that will put a moratorium on the registration of any new vehicles — essentially golf carts — until the board decides how to limit the number on the road. The city reports 194 rental vehicles are registered with the city compared to 93 the year before. The city is concerned with the large number of such vehicles on the roads and has already limited the number of scooters used.

Silver City, NM – Silver City is considering allowing ATVs and UTVs on city streets. In their 2016 session, the New Mexico Legislature passed a law allowing ATV use on paved roads in the state, subject to local government approval and stipulations. Any municipality that wishes to adopt this rule has the right to do so, and can also restrict ATV use on their roads in the ways they wish — including establishing separate speed limits for the vehicles.

Kubota Recalls Over 23,000 UTVs

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The Kubota RTV400 being recalled.

The Kubota RTV400 being recalled.

The Kubota RTV500 being recalled.

The Kubota RTV500 being recalled.

Kubota has issued a large recall of their model year 2013, 2014, and 2015 RTV400 and RTV500 utility vehicles. Approximately 23,400 vehicles are being recalled because the steering shaft can break and cause loss of vehicle control. Kubota has received nine reports of shafts breaking and one injury as a result. Owners should immediately stop using the recalled utility vehicles and contact an authorized Kubota dealer for a free inspection and free repair. The following recall information is from the Consumer Product Safety Commission.

Recall Summary

Name of product:  Utility Vehicles

Hazard:  The steering shaft can break and cause the operator to lose control of the vehicle, posing an injury hazard due to risk of collision.

Consumer Contact:  Kubota Tractor Corporation at 800-752-0290 between 8 a.m. and 5 p.m. PT Monday through Friday, or online at www.kubota.com and click on More, then Safety, then Safety Notices for more information. Kubota is contacting known customers directly.

Recall Details

Units:  About 23,400

Description:  This recall involves model year 2013, 2014 and 2015 Kubota RTV400 and RTV500 series gas-powered utility vehicles. Recalled utility vehicles come in orange and camouflage and have serial numbers ranging from 10001 to 22042 for the RTV400 and 25083 to 40991 for the RTV500. The model is on the side of the unit and on the data plate on the back of the cab, between the cab and the bed. The serial number is also on the data plate.

Incidents/Injuries:  Kubota has received nine reports of shafts breaking, including one in which a consumer lost control of the vehicle and collided with a barbed wire fence, resulting in a cut on the arm.

Remedy:  Consumers should immediately stop using the recalled utility vehicles and contact an authorized Kubota dealer for a free inspection and free repair.

Sold at:  Authorized Kubota dealers nationwide from 2010 to 2015 for between $21,000 and $22,000.

Distributor(s):  Kubota Tractor Corporation, of Torrance, Calif.

Manufactured in:  United States

Learn more:  CPSC.gov

Comment:  This is a large recall. Even though the sales period stretches over several years, anything over 10,000 units let alone 23,000 is a sizable number. I would also surmise that this repair might be a more involved and thus more expensive than most recall repairs.

Honda Recalls 2016 Pioneer 1000 UTVs

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The 2016 Honda Pioneer 1000 EPS being recalled.

The 2016 Honda Pioneer 1000 EPS being recalled.

The 2016 Honda Pioneer 1000-5 Deluxe being recalled.

The 2016 Honda Pioneer 1000-5 Deluxe being recalled.

Honda has recalled approximately 3,300 model year 2016 Pioneer 1000 utility vehicles due to the front door potentially opening unexpectedly and posing an injury risk. The recall involves both 3 and 5 passenger models. (See specific model information below) Only one incident has been reported and no injuries have been reported. Vehicle owners should contact their local Honda dealer for free replacement of the front door striker plates. The following is recall information from the Consumer Product Safety Commission:

Recall Summary

Hazard:  The front door can open unexpectedly while the vehicle is in use, posing a risk of injury to occupants.

Consumer Contact:  American Honda toll-free at 866-784-1870 from 8:30 a.m. to 4:30 p.m. PT Monday through Friday or online at www.powersports.honda.com and click on Recall Information at the bottom of the page for more information.

Recall Details

Units:  About 3,300

Description:  This recall involves model year 2016 Honda Pioneer 1000 side-by-side recreational off-highway vehicles. The ROVs are motorized off-road vehicles with a steering wheel, a gas pedal, a brake pedal, bucket or bench seats, seat belts and an occupant protection structure. The recalled ROVs were sold in three-seat and five-seat models in red, silver or camouflage color. “HONDA” is printed on the front grill and rear tail gate. “Pioneer 1000” is printed on the sides of the vehicle near the tailgate. The model and serial numbers are on a certification label located at the top rear of the left front wheel well. The following model/types and serial number ranges are included in this recall:

Honda recall model info 5-16Incidents/Injuries:  Honda has received one report of an unexpected door-release incident during a dealer set-up of the vehicle. No injuries have been reported.

Remedy:  Consumers should immediately stop using the recalled vehicles and contact their local authorized Honda dealer to schedule an appointment to have the original front door striker plates removed and replaced, free of charge.

Sold at:  Authorized Honda Powersports dealers nationwide from February 2016 through April 2016 for between $14,000 and $17,200.

Manufacturer(s):  American Honda Motor Company Inc., of Torrance, Calif.

Manufactured in:  U.S.A.

Learn more:  CPSC.gov

Comment:  This recall happened relatively quickly as the vehicles were only sold in the last few months. It is not a very large recall, and not that recalls ever happen at a good time, but, since Honda has been making a stronger push into the side-by-side market in the last few years it’s not the best timing from a marketing standpoint. On a positive note, they seem to have identified the problem fairly quickly.

Yamaha Recalls YXZ1000R Side-by-Sides

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The YXZ1000R in red and white.

The 2016 Yamaha YXZ1000R in red and white is being recalled as well as the following 2016 model year versions.

The YXZ1000R in orange.

The YXZ1000R in orange.

The special edition YXZ1000R-SE in yellow.

The special edition YXZ1000R-SE in yellow.

The 2016 Yamaha YXZ1000R in blue and white being recalled.

The YXZ1000R in blue and white being recalled.

Yamaha is recalling approximately 7,000 2016 YXZ 1000R and 1000R SE side-by-side utility vehicles due to the potential of water freezing in the throttle cable and posing a crash hazard. No injuries or incidents have been reported related to the potential hazard. The following is the recall information from the Consumer Product Safety Commission.

Hazard:  Water can get into the throttle cable and if it freezes during cold weather, the ice can prevent the throttle from returning to idle. This can cause the rider to lose control, posing crash and injury hazards.

Units:  About 7,000

Description:  This recall involves model year 2016 YXZ1000R and YXZ1000R SE Side-by-Side utility vehicles sold in four colors: orange and black, blue and white, silver and red, and yellow and white. The model name (YXZ…) and “1000” is displayed in a graphic on both the left and right side of the vehicle. The vehicle identification number (VIN) is stamped on the frame near the driver’s side rear wheel. The letter G in the 10th position of the VIN number indicates that the unit was made in the 2016 model year.

Incidents/Injuries:  None reported

Remedy:  Consumers should immediately stop using the recalled utility vehicles and contact their local Yamaha dealer to schedule a free repair. Yamaha is contacting all registered owners directly.

Sold at:  Yamaha side-by-side dealers nationwide from September 2015 to February 2016 for between $19,800 and $21,600.

Distributor(s):  Yamaha Motor Corporation USA, of Cypress, Calif.

Manufactured in:  USA

Learn more:  CPSC.gov

Comment:  This recall is relative large in size but more importantly for Yamaha it involves their newest entry into the high-end recreational segment. After their problems with the Rhino, Yamaha had not been active in that market segment for a number of years before the introduction of the 2016 YXZ1000. While in the long run the recall should not be detrimental to their efforts, they would have preferred a recall free re-entry into the recreational side-by-side market.

$230 Million for California’s Clean Vehicle Rebate Program (CVRP)

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CVRP NEV Rebates

Source: SVR based on CVRP data.

The California Air Resources Board (ARB) is proposing $230 million in funding for the California Clean Vehicle Rebate Program (CVRP) for fiscal year 2016-2017.

CVRP offers vehicle rebates on a first-come, first-served basis for light-duty ZEVs, plug-in hybrid electric vehicles (PHEVs), zero-emission motorcycles, and neighborhood electric vehicles. Rebate amounts are $2,500 for battery electric vehicles (BEVs); $1,500 for PHEVs; $5,000 for fuel cell electric vehicles; and $900 for zero-emission motorcycles and neighborhood electric vehicles. As of February 1, 2016, the CVRP has rebated over $291 million, covering 137,000 vehicles.

NEVs have been a small portion of these vehicles, totaling only 147 vehicles and just over $151,000 in rebates from 2010 to 2016, according to the CVRP statistics. One issue is that there have been only four brands that have been eligible for the rebates including GEM, Miles, Vantage and EVI eMega. By far GEM has been the most prevalent NEV in the program, accounting for 111 of the 147 vehicles. However, the model year 2014 and 2015 vehicles have not been eligible because the do not meet CVRP performance requirements. According to the CVRP website there are no current model year NEVs eligible for the rebate. As the above chart shows, there has been a significant drop-off in NEV rebates since 2013.

Source: SVR based on CVRP data.

Source: SVR based on CVRP data.

Only 35% of the NEV rebates went to businesses, 34% to federal, state or local governments and 22% to individuals with the remainder to non-profits. These figures are not that surprising as GEM sells mostly to commercial customers.  Learn more:  Cleanvehiclerebate.org

What’s Cooking on the STOV: Mining Vehicles

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Highlighting some of the many applications for Small, Task-Oriented Vehicles

A Gravely utility vehicle ready for work at a local mining operation.

A Gravely utility vehicle ready to go to work at a local mining operation.

Fifth Gear Powersports of Elko, NV recently won several Reader Choice Awards sponsored by their local newspaper, the Elko Daily Free Press. No doubt their dedication to the local off-road bike and UTV scene is a big reason for their popularity, but they also cater to the local mining industry. They started by selling LED lights used for off-road night riding to the local mining operations. They also sell a variety of UTV vehicles from brands such as Kawasaki, Gravely and Polaris for use in underground mines. The utility vehicles must be configured to meet Mine Safety and Health Administration standards. Fifth Gear services the vehicles and has a washing bay at their facility for cleaning utility vehicles that come directly from a mine. Learn more:  Elkodaily.com

Buyer Beware: UTV Odometer Rollbacks

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A typical odometer for a UTV.

A typical odometer for a UTV.

A recent story from KATV in Arkansas illustrates a potential issue when purchasing a used utility vehicle or side-by-side, fraudulent odometer rollbacks. The story follows the trail of a UTV that changed hands three times, losing a significant amount of mileage in the process. A private owner first sold the 2014 Yamaha Viking to a dealer for $9,250, but not before taking a picture of the odometer displaying 1,722 miles. The UTV was then sold as part of a group of vehicles to Gibson Auto Sales for $12,500, which turned around and sold the UTV to another private buyer fro $17,900. However, when the final private buyer bought the vehicle the odometer only showed 44 miles. Since UTVs are not licensed for road use they do not fall under the same laws as cars and trucks in the state. Therefore, when the title changes hands the mileage does not have to be recorded. In this case, no one has taken responsibility for changing the mileage, but the buyer was able to get their money refunded. The process of rolling back the mileage on a UTV can be accomplished relatively easily by purchasing a new speedometer and switching it out. They only cost one to two hundred dollars online. Learn more:  KATV.com

Comment:  With UTVs frequently selling for over $10,000 and even $20,000 the issue of odometer rollbacks is likely to become more prevalent not less. The majority of used UTV sales are also between private buyers, which makes it more difficult to determine if you are dealing with a reputable seller, and recoup your money if something fraudulent is perpetrated. If you are spending thousands of dollar on a used UTV, particularly one with low mileage, it is best to purchase the vehicle from someone you know, thoroughly inspect the vehicle for signs of significant use, or have a mechanic do it for you.

Kawasaki Expands Recall of Teryx and Teryx4 Side-by-Sides

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One of the Teryx4 side-by-sides from Kawasaki being recalled.

One of the Teryx4 side-by-side models from Kawasaki being recalled.

Kawasaki has expanded a recall of Teryx and Teryx4 side-by-sides due to the potential for sticks or other debris to break through the vehicle’s floor board and pose an injury hazard. The recall now includes approximately 19,500 vehicles and includes 2012 and 2013 model year Teryx4™ 750 4×4 (four seats) and 2014, 2015, 2016 model year Teryx® 800 4×4 (two seats) and 2014, 2015 and 2016 model year Teryx4 800 4×4 (four seats). To date Kawasaki has received 628 incident reports of debris cracking or breaking through the floor boards of the vehicles, including eight reports of injuries to riders’ lower extremities.

The following recall information is from the Consumer Product Safety Commission.

Recall Details

Units:  About 19,500 (an additional 11,000 were recalled for the same hazard in July 2014 and 7,000 for a different hazard in August 2012)

Description and Models:  The recall involves 2012 and 2013 model year Teryx4™ 750 4×4 (four seats) and 2014, 2015, 2016 model year Teryx® 800 4×4 (two seats) and 2014, 2015 and 2016 model year Teryx4 800 4×4 (four seats) recreational off-highway vehicles. These four-wheel off-highway vehicles have automotive style controls and seating for two or four. The Teryx 800 has side-by-side seating for two people, two doors, a roll bar with hand holds and a cargo bed. The Teryx4 750 and Teryx 4 800 have side-by-side seating for four people, four doors, a roll bar with hand holds and a cargo bed. The models come in three different styles: Non-EPS, EPS and EPS LE. The LE style has a roof and aluminum wheels. The model name is printed on the driver’s side of the hood or on the left and right front fender.

The 2012 Teryx4 750 model comes in blue, camo, green, yellow, and red. The 2013 Teryx4 750 model comes in black, camo, green, red, white, and yellow. The 2014 Teryx4 800 model comes in green, camo, yellow, and orange. The 2015 Teryx4 800 model comes in green, orange, white, camo, and black. The 2016 Teryx4 800 model comes in camo, white, green, red, and gray. The 2014 Teryx 800 model comes in camo, green, and blue. The 2015 Teryx 800 comes in green, white, black and camo. The 2016 Teryx 800 comes in green, gray, camo, and white.

Incidents/Injuries:  Kawasaki has received 628 incident reports of debris cracking or breaking through the floor boards of the vehicles, including eight reports of injuries to riders’ lower extremities.

Remedy:  Consumers should immediately stop using the recalled vehicles and contact an authorized Kawasaki dealer to schedule a free repair, consisting of the installation of floor board guards and replacing damaged floorboards. Consumers with previously repaired vehicles should contact Kawasaki dealers to receive this additional repair.

Sold at:  Kawasaki dealers nationwide from November 2011 through November 2015 for between $13,400 and $16,300.

Distributor(s):  Kawasaki Motors Corp., U.S.A., of Irvine, Calif.

Manufactured in:  United States

Learn more:  CPSC.gov

Comment:  Encompassing nearly 20,000 vehicles this is a much larger than usual recall for the side-by-side market. It spans multiple models and several model years. This recall is also somewhat unusual in that many side-by-side recalls involve fire hazards related to debris touching hot parts or leaks in some type of fuel or fluid lines. This is the first time that I remember a recall involving floor boards. I’m curious to know whether this is related to a defective part or a more fundamental flaw in the design of the floor board. From perusing an online forum, it appears that the fix is the addition of metal guards.

Polaris Recalls RZR XP Turbo Side-by-Side

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The Polaris RXR XP Turbo is being recalled because of a potential fire hazard.

The Polaris RXR XP Turbo is being recalled because of a potential fire hazard.

Polaris has issued a recall for model year 2016 RZR XP Turbo side-by-sides due to a potential leak in the oil drain line, which can pose a fire hazard. To date the company has received two reports of the vehicles catching on fire. The recall involves approximately 2,230 vehicles sold between September and November 2015. Consumers should immediately stop using the recalled vehicles and contact their local Polaris dealer to schedule a free repair. Polaris is contacting its customers directly and sending a recall letter to each registered owner.

The following recall information is from the Consumer Product Safety Commission.

Recall Details

Units:  About 2,230 vehicles

Description:  This recall involves model year 2016 Polaris RZR XP Turbo recreational off-highway vehicles with Vehicle Identification Numbers (VINs) 3NSVDE925GF454105 through 3NSVDE923GF459495. RZR XP Turbos were sold in graphite, orange and blue color schemes. A “Turbo” decal is located on the right and left front fenders and a “RZR” decal on the right and left rear fenders. The VIN is on the driver’s side rear frame rail, above the PVT cover. VINs are not sequential and not all VINs in the range are included in this recall. A complete list of recalled vehicles including VINs is available at www.polaris.com

Incidents/Injuries:  Polaris has received two reports of RZR XP Turbos with oil leaks and two reports of the vehicles catching on fire. No injuries have been reported.

Remedy:  Consumers should immediately stop using the recalled vehicles and contact their local Polaris dealer to schedule a free repair. Polaris is contacting its customers directly and sending a recall letter to each registered owner.

Sold at:  Polaris dealers nationwide from September 2015 through November 2015 for about $25,000.

Distributor(s):  Polaris Industries Inc., of Medina, Minn.

Manufactured in:  Mexico

Learn more:  CPSC.gov

Comment:  The recall is not very large but management probably isn’t happy that they have to recall their first side-by-side which uses a turbocharged engine. The RZR XP Turbo is top of the line Polaris sport side-by-side and a direct competitor to Can-Am’s turbocharged models.

Kubota Recalls Thousands of Utility Vehicles

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Kubota is recalling approximately 11,500 RTV-X1100C utility vehicles due to a potential fire hazard.

Kubota is recalling approximately 11,500 RTV-X1100C utility vehicles due to a potential fire hazard.

Kubota has issued a recall for model year 2013, 2014 and 2015 RTV-X1100C diesel-powered utility vehicles. Debris can make contact with the exhaust manifold on the vehicles and potentially catch fire. There have been seven reports of debris-related fires but no injuries. The recall involves approximately 11,500 vehicles sold from October 2013 to October 2015. Consumers should stop using the vehicle and contact their local Kubota dealer for free inspection and repair.

Comment:  This is a significantly larger recall than most utility vehicle recalls which typically involve one thousand to four thousand vehicles. However, the fire hazard due to debris interacting with hot parts of the vehicle has been a fairly common cause for recalls in the industry.

 

The recall notice from the Consumer Product Safety Commission follows:

Recall Summary

Name of product:  Utility Vehicles

Hazard:  Combustible debris can make contact with the exhaust manifold and ignite, posing a fire hazard.

Remedy:  Repair

Consumer Contact:  Kubota Tractor Corp. toll-free at 800-752-0290 between 8a.m. and 5 p.m. PT Monday through Friday, or online at www.kubota.com and click on More, then Safety, then Safety Notices for more information. Kubota is contacting consumers directly.

Recall Details

Units:  About 11,500

Description:  This recall involves model year 2013, 2014 and 2015 Kubota RTV-X1100C series diesel-powered utility vehicles. Recalled utility vehicles come in the colors orange and camouflage and have serial numbers ranging from 10001 to 23172. The model number is on the side of the unit and on the data plate on the back of the cab, between the cab and the bed. The serial number is also on the data plate.

Incidents/Injuries:  Kubota has received seven reports of debris-related fires. No injuries have been reported.

Remedy:  Consumers should immediately stop using the recalled utility vehicles, park them away from combustible materials and contact an authorized Kubota dealer for a free inspection and free repair and should follow their directions. Kubota is contacting consumers directly.

Sold at:  Authorized Kubota dealers nationwide from October 2013 to October 2015 for between $21,000 and $22,000.

Distributor(s):  Kubota Tractor Corp., of Torrance, Calif.

Manufactured in:  United States

Learn more:  CPSC.gov