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ity coupled with a relatively high center of gravity and the ab sence , in past models , of any independent suspension . All those things work to create far too many hazardous situations which are exceedingly difficult for riders to avoid or even to anticipate . That is what makes this vehicle different .

Interestingly , in the discussion this morning what didn ' t come out is that the catch - 22 here is that even if you are properly trained users of all ages have flipped over , tipped over , rolled over and been maimed and killed because of characteristics of the vehi cle itself that are simply beyond their control .

We would like to work closely with the industry . And , when we brought this matter to their attention , first they didn ' t want to write any standards at all for the future . Then , as we announced our program of action , they submitted a letter saying :

OK , we are going to do something now . We are going to come up with a voluntary standard for future production . And you know what we are going to do ? We are going to have 22 elements to that standard , and it is going to include everything from handlebar shielding to flag brackets to tire gauge to use of accessories and hitches and what have you .

But you know what they didn ' t include ? They didn ' t include a single reference to the crux of the problem itself , that is , to the dy namic stability or instability in the handling of this vehicle . They didn ' t want to address that . I think you might ask them why . Be cause regardless of all the training , regardless of all the education , something has got to be done whether this vehicle gets banned or recalled or anything else , something has got to be done to make the vehicle itself safer .

In concluding my remarks , Mr . Chairman , I am not sure as an agency of Government what we are going to do . It is going to take some time , unfortunately . That is the way the administrative proc ess works , and we have to operate under the law , as it should be . But I really can ' t understand why the ATV industry itself must wait any longer while the body count mounts and while unsuspect ing kids keep getting killed as well as others , too . It strikes me as an attitude that is callous , and it is uncaring and it is wrong .

It is wrong from a moral standpoint when these manufacturers can act today - yesterday to avert any further such loss . Even if they were thinking in their own economic self - interest , they should take action promptly to try and improve the dynamic handling of the vehicle and possibly to stop production of this vehicle now unti they are satisfied that there is a safer vehicle that they can produce .

Their attitude is going to prove over time exceedingly costly in view of the long - term liability that they will inevitably face given the direction of the product liability laws these days and the suits on the part of the very victims and their estates that they choose to ignore . My feeling is that the ATV industry has literally buried its face in the sand in terms of the design problems that you have heard about this morning . They have covered over their ears and they say hear no evil . They cover over their eyes and they say see no evil .

But , while we at CPSC are stymied from acting in as expeditious manner as we would like , the industry can act on its own . Let each