The CPSC's ATV non-recall: A dangerous precedent for a hamstrung agency

You'd think it would be a no-brainer for the Consumer Product Safety Commission to be able to recall an all-terrain vehicle specifically made for kids that lacks front brakes, has no parking brake and can be started in gear. 

But sad to say, that product — the Kazuma Meerkat 50 Youth All-Terrain Vehicle, which is designed for 6 to 11 year-olds — is not being recalled. And why that's so reflects the unfortunate state of affairs that now exists at the CPSC. The agency lacks a quorum: it’s been without a third commissioner since last July when former chairman Hal Stratton left. Six months later, in January, rules automatically kicked in that limit the agency's powers until the vacancy is filled. (President Bush did nominate a chairman, Michael Baroody, the head lobbyist at the National Association of Manufacturers, but Baroody withdrew his nomination last month after substantial opposition from consumer groups — including Consumers Union — and Democratic senators.) 

For the most part, the lack of quorum hasn’t affected recalls because up until now companies have been voluntarily cooperating with the Commission when a safety issue arises, says agency spokesman Scott Wolfson. However, when a company fails to cooperate and/or take action to deal with a safety issue, the lack of quorum restricts the CPSC’s powers. 

That’s the case with the Meerkat 50. This week, the CPSC issued a press release saying the Texas-based manufacturer "has impeded CPSC’s efforts to protect the safety of children, by refusing to implement a corrective action plan for this ATV." 

Fortunately, although the agency can’t issue a recall, the lack of quorum has not kept the CPSC from publicly disclosing its concerns. In fact, the agency put out an unusually strong warning about the ATV model, saying "children are at risk of injury or death due to multiple safety defects with this off-road vehicle." The agency added that "the risk with these ATVs is severe because these vehicles are intended for children. In many cases, youth riders are just learning how to operate an ATV and may not have the experience necessary to help them avoid hazards associated with this product’s defects." 

The CPSC’s warning prompts us to reiterate our position about ATVs for kids: We don’t recommend buying them for children of any age. They are simply too dangerous.

According to the CPSC, at least 2,700 Meerkat 50 ATVs have been sold, for prices ranging between $525 and $825. And, unfortunately, because of the continued lack of an appropriate candidate to head the agency, they're still being sold, putting children at risk.

Related:

• CPSC Press Release: CPSC Warns Meerkat 50 Youth ATVs Defective and Dangerous

Previously: 

• New data on ATVs: As dangerous as ever 
• On the path to safer ATVs 
• CPSC entering legal limbo; agency can still do recalls 
• Baroody withdraws his nomination to chair CPSC

Comments

[Hossep]

hey guys i'v been riding my chinese 300cc atv for more than 2000 miles now.....i have no problem at all.....and my friend who has a 660cc grizzly.....he is spending most of his time at the dealers garage to fix several problems that he is facing after each ride.......you judge............

[jake]

i just bought a 2007 suzuki 700 king quad my dad owns a 300 suzuki we've had really no problems with it just the normal tune ups is there any issues with the bigger machines?

[Ray T]

I have read the comments and can only say this, nothing you can buy with wheels and a motor will work properly if not mainatained properly.
Every ATV made in China is sold to someone, even if it did not pass QC.
Have you ever given any thought as to why some are so much cheaper than others that appear to be the same? If it does not pass QC it still will be sold. They completely assemble every product first and then check for quality. The bad ones just get sold for less. I own a small shop and have sold and repaired these machines for almost 5 yrs.I have hundreds of happy customers and a few who just would not listen to how to take care of thier ATV. Do some research, ask lots of questions,stay away from flea markets and side of the road guys. I believe if you buy from a reputable store you will enjoy many miles of inexpensive riding.

[Shea]

I just purchased a JCL 300cc atv and was wondering if there is any issues with this particular off brand.

[bill]

What can you tell me about jcl scooters?Looking at one but can't find out much about them

[tom]

I own this machine & it's perfectly safe under proper supervison. this atv is designed for small children to be moving at SLOW speeds... Front brakes are not needed. Hmmmm, makes me wonder about these people tring to post these recalls. Do they own atvs & know how to ride them?

[Tim]

All that I can say is this, I have owned two Chinese ATV's for the past two years (Full size adult models) and have had no problems with either unit. I own one unit for myself, and one for my wife. We ride the units all over the state of Texas and Arkansas, putting 200 plus miles at a time on the units. I will not sit here and say that these units are as top quality as the main stream machines, but I have had many main stream ATV owners that have ridden my machines and have been pleasantly suprised by the performance. All of the comments that you hear of Chinese ATV's falling apart, you have to look at it like this, my brother in law owns a Kawasaki Prairie 360, and let his 16 year old friends ride the machine for an hour. After one hour the transmission on the machine was gone and will no longer pull. You have to look at the abuse that these machines are taking, being ridden by children. Chinese ATV's are good machines, it just depends on the level of abuse that they are subjected to, and if proper maintenance is performed on the machines. I also think as stated in earlier comments that most of the negative feedback that people get concerning Chinese brand machines is the main stream companies trying to deter purchasing of these units because it is affecting thier bottom line. If you do decide to buy Chinese, just do your homework, don't get me wrong, thier are good Chinese machines out there, but there are also substandard machines that are coming out of China. I do not think that its fair to rate a machine just because it comes from a certain country, you have to look at the fact that even here in the good old US of A that there are good and bad products that are manufactured here, and so is the case for oversea's products.

[Christopher Johnson]

Steve Johnson of Akron, Ohio said:

"As for the front brakes, how many of you have squeezed the front brake while on your bicycle and ended up on their head. Now do you think it is smart to have you 12 year old kid riding down a hill and have him reach for the front brake. I would hope not. Of course it is crazy to put a front brake on these mini atvs. For what purpose? All of them have disc brakes on the rear to stop."

I would never, ever buy from this man or take my equipment to him to be serviced. He is either lying on purpose, or has so limited a knowledge of vehicle dynamics that his repair skills should not be trusted.

The reason you can overturn a bicycle with injudicious front brake use is that bicycles weigh NOTHING compared to the weight of their operators, sitting up very high. Modern top-line full-suspension bicycles have disc brakes at both front and rear wheels, and the best stopping distances come from proper application of both brakes. ALL motorcycles (except those assembled by chopper guys, who omit front brakes for aesthetic reasons) have front brakes, because forward weight transfer when decelerating means rear brakes are essentially limited, while front brakes provide most of the stopping power. ALL cars have front brakes, ALL trucks have front brakes.

The only reason an ATV manufacturer might be able to avoid equipping their machines with front brakes is because the machine lacks suspension and has a very low top speed, thus is less likely to have a significant weight transfer under decel compared to a machine that has real suspension. But the large pneumatic tires of an ATV function as suspension, and the machine will still transfer weight to the front under decel, making front brakes a worthy feature. And the lack of suspension poses other risks, as the pneumatic tires can bounce uncontrollably. A machine without suspension or front brakes really should never be ridden above walking speed on flat, smooth terrain.

A properly trained rider of either ATVs or motorcycles must have the skills to correctly apply the brakes of their vehicle to produce the shortest possible stops. If a "twelve year old kid riding down a hill" is in danger of improperly applying the front brake and overturning the machine, chances are that kid has no business being on the machine in the first place.

[David Dost]

I have to agree with Valerie. We bought two chinese quads for our kids for Christmas last year (2006), and both were total junk. Neither quad has been able to run for more than an hour without something either breaking or falling off. The "warranty" from the dealer lasted a total of 30 days, but he ASSURED us these quads were as good or better than the mainstream quads put out by the main Japanese manufacturers. No, they definitely are not. They aren't even in the same league. We had to take the quads back to the dealer 5 times in the first 4 weeks (30 days) that the kids had them. Gas lines turning to mush, exhaust header bolts falling out, carbs gumming up (with brand new, clean gas in them), batteries dying, lights falling off, and bolts and nuts EVERYWHERE coming loose, no matter how much I tighten them. I have since deeply regretted giving my kids such expensive but totally worthless gifts for Christmas, and I certainly hated the hole these junkers left in my wallet. Don't listen to the dealers, they lie like dogs. Do yourself a favor and avoid the chinese quads like the plague. Go get your kids a nice pair of hiking boots instead.

[Valerie Boerigter]

Well I have to agree with the facts of this issue,speaking from personal experience and we purchased an atv or quad from a local shop that is manufactored in China,the person we bought it from did tell us that it was as good or better than honda.Well this particular atv is basically either an accident or death waiting to happen.Not that has run more than 15 hours since we purchased it not quite a year ago,and it is still sitting in the barn,this time with the gas literally pouring out as soon as you put it in.(not a hose problem).This one has bad tires, no brakes, wireing problems ,note that fuel and wireing problems can be hazardus.I have to say that it is not a kazuma product,nor have we had any positive help from government agencies,lawyers or small claims court.As far as we can tell it was purchased for about 600.00 dollars off e-bay from the local dealer,and sold to us for 1800.00.Wow now thats a profit and a half literally,and it is junk.My question is with 160,000 people being killed or injured on these atvs,why is our government acting like its hands are tied,and they have no authority to stop bad products from being sold here in the US.I,ve decided to either put a flower box in the seat and set it in the yard,or return it to the creep we bought it from on Christmas eve with a big Merry Christmas from the Grinch card on it.Any way dont buy these imports they are no good.Buy yourself some cracker jacks instead.

[Greg]

The very idea that these Chinese atv's are of equal or better quality than the Japanese major manufacturers is absurd. I have dealt with numerous "brands" of Chinese atv's and off road motorcycles. I have yet to find a single one that is worth ten bucks. They are made with inferior metals and parts, and are often given to the customer not "set up" properly. Perhaps that is because the retailer does not have a real mechanic who knows what he is doing.
Also, I despise the fact that these inferior products are often sold by retailers who tell the poor customer that the engine and tranmission are either "just like a Honda", or are in fact a Honda. This happens all the time. Try to find replacement parts for your @#$%^ China atv at a Honda shop.
Chinese atv's and motorcycles and scooters are throw away items. You ride it a week, it breaks, you throw it away. China builds piece of junk stuff to unsuspecting Americans knowing it will break very shortly. You get what you pay for. You want a Yugo, buy a Yugo, but it will always be a Yugo and not a Cadillac.

[Craig Hohl]

We, at REM, believe it is the lack of local dealer support that most issues are rooted in. As stated in earlier comments, these Chinese ATVs are good solid quality...depending on what "Assembly Factory" you deal with in China. As most of these vehicles are "Factory Brand" look-a-likes, they are made ALL over China. You can get 5 vehicles from 5 different factories that look exactly the same, until you give them a close up inspection. It's then that you'll notice the quality of the steel used, welds, wiring, axle strength, etc. So, there is the buyer-beware of the "Value Brand" Power Sports Industry. Another easy indicator of the quality you are purchasing is the warranty that comes with it. We are a wholesale to Dealer, Retail brick and motar multi-location and on-line retailer/wholesaler of Value Brand Power Sports Vehicles. We sell local retail with a 6 or 12 months parts AND labor warranty option. We know our quality is better and we pay a little more from the factory in China that we deal with. We win because we don't have the issues that others do who are looking for the cheapest wholesale price so they can 'turn and burn' them as quickly as possible with no warranty or "here's your 800#, call them for parts". The best choice for a consumer is to purchase either on-line from a retailer who will also let you pick up from their local stores or dealer network or go direct to your local dealer.
At REM, we work with any local dealer and/or repair shop and will ship parts direct to them or to the consumer, whichever they prefer.
This industry is growing at a rapid rate and safety is paramount in our minds as well.

[Steve Johnson]

I own a repair shop also. I fix Honda, Yamaha and the other name brands as well as the Chinese brands. Honestly, I see few problems with the Chinese ATVs. I know Honda dealers that tell me that they sell the China atvs out of their back rooms because they do not want to loose their franchise with Honda. These Honda dealers have told me that they have less problems out of the box with the Chinese units than they have with the Honda and Yamaha atvs. Referring to the comments above, I have never seen any axles or frames break nor heard of any axles or frames breaking on the Chinese atvs. That is crazy.

Honestly, what is happening here is Honda and Yamaha have lost 70% of the atv business to the Chinese atvs. The Chinese are affordable and satisfied customers are telling their neighbors and friends how much fun their kids are having on them. Last year, China sold twice as many units as Japan did in the USA. People have to pay $2500 for a Honda Mini atv or $2000 for a Suzuki atv while the more fully featured China imports cost $800 or $900. The Chinese ATVs are safer in that they all have remote engine shutoffs so that the parents can remotely shut off the engine while they are learning and with the speed governor, you can adjust the maximum speed down to 3mph which is slower than the electic Power Wheels will go. Japanese atvs do not have this. Japan no longer has the monopoly that they have enjoyed for 20 years on these atvs.

Now the Chinese have faultless full size 300cc atvs and Utility Vehicles.

As for the front brakes, how many of you have squeezed the front brake while on your bicycle and ended up on their head. Now do you think it is smart to have you 12 year old kid riding down a hill and have him reach for the front brake. I would hope not. Of course it is crazy to put a front brake on these mini atvs. For what purpose? All of them have disc brakes on the rear to stop.

Honestly, I think this whole thing is more about Honda, Yamaha and others trying one last thing to try to stop the slaughter of their high prices and outrageous repair bills, by these Chinese atvs.

As for parts, I have called and dealt directly with some of these Chinese atv importers. I have never had a problem receiving any part for them. Honda will charge me about 6x more for the same part as the Chinese manufacturers. Usually the parts are compatible and look identical.

I would still rather that you buy Hondas and Yamahas though because I make more money repairing them.

Steve Johnson
Akron, Ohio

[Don Miller]

I agree with CPSC concerning the Kazuma Meerkat 50 being poorly built and dangerous. However as bad as the Kazuma is, I can think of about 6-7 other Chinese brands that the CPSC should have gone after before Kazuma. Brands such as Fushin, BMX, SUNL, Buyang, BTM, Eagle, Baja, etc. are built way, way more poorly and alot more dangerous than the Kazuma. I have a repair shop and fix these cheap Chinese ATV's all the time. For example SUNL and BMX (who sells a lot more mini ATVs for kids than Kazuma), has axles and frames that break, very dangerous. I would hope that the CPSC also looks at these other Chinese import ATVs.