Australia: Federal Government set to introduce new quad bike laws requiring crush protection devices - PressFrom - Australia
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Australia Federal Government set to introduce new quad bike laws requiring crush protection devices

00:40  22 september  2019
00:40  22 september  2019 Source:   abc.net.au

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1 Introduction . Quad bike accidents have become the leading cause of death and serious injury on Australian farms. Quad bike accidents are commonly All - Terrain Vehicle Crush Protection Device Consumer Product Safety Commission Dynamic Research, Inc. Federal Chamber of Automotive

This policy clarification sets out WorkSafe’s expectations about installing crush protection devices (CPDs) on You should read this policy clarification if you use quad bikes for work. What does the law say? Quad bike rollover accidents show they can happen on almost any part of the property – to

New quad bikes would be required to be fitted with crush protection devices.© Anne Taylor New quad bikes would be required to be fitted with crush protection devices. The Federal Government looks set to introduce new laws requiring new quad bikes to be fitted with mandatory rollover protection, after pressure from farming and medical groups.

The ABC understands the Federal Coalition is soon expected to announce that all new quad bikes must be fitted with crush protection devices (CPD's) within two years.

It comes after the Australian Competition and Consumer Commission (ACCC) first recommended the change in March.

Over the past eight years, 136 people have died in quad bike accidents and the consumer watchdog said 60 per cent of those fatalities involved rollovers.

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(ROPSs) and Crush Protective Devices (CPDs) for use on Quad bikes . This document will not be This new injury mechanism is intended to identify instances in which the Quad bike over turns and It is important to note that the newly introduced face and skull fracture mechanisms were deemed by

Operator or crush protection bars sit upright on the back of a quad bike and are designed to reduce the risk of the driver being caught between the ground and the vehicle.

They retail for about $600 to $700. The New South Wales, Victorian and Tasmanian governments already offer rebates to have the devices retro-fitted.

Leading manufacturers Yamaha and Honda do not sell quad bikes fitted with crush protection and have threatened to pull out of the Australian market in response to any new laws.

Yamaha Motors Australia's chief executive Brad Ryan acknowledged a government ruling was "imminent" and said the company would undoubtedly face litigation following any change.

In a statement to the ABC, Mr Ryan decried some of the university research in the areas as "appalling science" and said recommended crush protection devices were not safe or fit for purpose.

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Q. Why is the Victorian Government introducing a quad bike safety rebate scheme? A rollover protection device – also known as an operator protective device (OPD) or a crush protection A rebate would be available for a new OPD if it can be demonstrated that the product has been suitably

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He went on to argue that compulsory fitting of "two specific aftermarket products" was "a legal risk far beyond what we could accept, let alone the risk of failure resulting in harm to our customers."

The ACCC says 60 per cent of quad bike-related fatalities involve rollovers.© Belinda Pring - file image The ACCC says 60 per cent of quad bike-related fatalities involve rollovers.

The statement also accused the consumer watchdog of being likely to sue Yamaha.

"Given their zeal to ban quad bikes entirely, regardless of the consequences to the community, we have no problem believing the ACCC wouldn't hesitate to prosecute us for those inevitable failures despite our lack of choice or control," he said.

The ACCC only takes legal action over competition and consumer issues, not matters of safety.

Nationals MP Mark Coulton said he assumed quad bike manufacturers were more concerned about the litigation risk overseas.

"My understanding is that there have been about 15,000 deaths in the United States involving quad bikes. I think there might be some concerns around litigation that might come from an admission that there is an issue in design," he said.

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Under Worksafe's new policy it said it believes crush protection devices (CPDs) are likely to prevent serious and fatal crush injuries and it strongly recommended they are installed on all quad bikes used for work. In an announcement at the Fieldays at Mystery Creek, near Hamilton, ACC said the CPD

requires manufacturers to integrate an operator protection device , such as a crush protection device or roll over protection device in the design of new quad bikes . imposes minimum performance tests for dynamic handling, stability and mechanical suspension and requires that all wheels be able

"It's not a huge added cost to the machine so I think there's deeper concerns as to why the manufacturers are behaving the way they are."

But some rural MPs are worried the regulation might not prevent injury and death and could lead to driver complacency.

Liberal MP Tony Pasin said he wrestled with the issue of whether to support new safety laws.

"My brother died in a workplace accident. There isn't a moment of my life that I don't think about systems that may have saved his life," he said.

But he has found the view in his electorate to entirely mixed and he is concerned mandatory rollover protection might come with consequences, such as people partaking in risky behaviour, such as "…'Oh well, I've got the crush device, I can drive it at speed, inappropriate terrain, perhaps after I've had too many [drinks]'."

Other MPs, like Liberal MP Rowan Ramsey, believe the Government has a responsibility to act.

"I've certainly known grandparents that have lost their grandchild on their property owing to a quad bike rollover smash. Other friends, their son lost a spleen," he said.

The ABC understands the assistant treasurer Michael Sukkar, who has carriage of the Government's response to the ACCC's recommendations, briefed the Nationals this week about plans to crack down on quad bike safety.

The National Farmers' Federation, rural doctors, surgeons and union groups have all been lobbying for mandatory rollover protection.

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