The quad bike safety puzzle

According to The Weekly Times ($), the Victorian Farmers Federation has changed its stance on the fitting of operator protective devices (OPDs) to quad bikes at point of sale. Instead they want farmers to fit their own OPDs. The reason given for this change is reported as being

“… due to concerns many quad bike brands would no longer be available if manufacturers were forced to fit them.”

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…. but quad bikes remain unsafe

Most of the frustration of the manufacturers of quad bikes is aimed at the Australian Competition and Consumer Commission (ACCC) for imposing new safety requirements. However, another independent assessment of the evidence and the Australian controversy recently released its findings.

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Farmers want quad bikes…….

The debate over the safety of quad bikes on farms continues but it is increasingly one-sided. The Australian Competition and Consumer Commission (ACCC) and workplace safety advocates continue to hold the line on the need to install operator protection devices (OPDs) to all quad bikes being sold in Australia. Farmers, often supported by commercial interests, want to keep their quad bikes and as they are, because there are no alternative vehicles that are as versatile as the quad bike.

On July 4 2020, the Western Magazine quoted the CEO of the Federated Chamber of Automotive Industries‘ (FCAI) Tony Weber:

“Evidence suggests in some circumstances CPDs do prevent injuries, other times they create more injuries and that’s not a satisfactory outcome we should address the fundamental problem and that is the way in which humans behave around this machine…”

This quote neatly summarises the points of argument in the safety debate which have been reported on extensively in this blog previously – evidence, most benefit, design, use….

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Quad bike market changes for the safer

Honda, Yamaha, Suzuki and Polaris have previously announced that they will no longer be supplying quad bikes to the Australian market in response to the imposition of new safety standards. This has left a hole in the market for agricultural all-terrain vehicles (ATVs) that CFMOTO is happy to fill by including an Australian-made crush protection device (CPD) with the sale of some of its quad bikes.

Several Australian farmers continue to be unhappy about the removal of some models of quad bikes from the market. The Weekly Times reported on one disgruntled quad bike dealer, Craig Hartley. What the newspaper article failed to mention was that Hartley’s dealership is with Honda, Yamaha and KTM or that the dealership has been on the market since 2014 but it did include this quote from Hartley:

“Many rural motorcycle businesses, which support the ag industry throughout Australia, may have to close the doors as quad bikes are in many cases at least 40 per cent, if not more, of their turnover.”

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Safety wins

The saga of the safety of all-terrain vehicles (ATV) in Australia is coming to a close with Honda announcing that it will not be selling its ATVs in Australia after 10th October 2021. However Honda, one of the most strident opponents of increased safety standards, is belligerent to the end.

In the media announcement of its decision, Honda says that the new safety Standard is impossible to meet on any ATV. This may be true but the quad bike manufacturers refused to accept that rider safety could be improved by redesigning the quad bike, or adding additional safety devices, to reduce the risk of rolling over. Most occupational health and safety (OHS) advocates did not argue about the validity of the safety items and actions recommended by the manufacturers – helmets, dynamic riding training etc – but saw these as supplements to after-sales crush protection devices (CPDs). The manufacturers did not.

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One safety quandary solved by Consumer Law. What others are possible?

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Last week the Australian Government accepted the recommendations of the Australian Competition and Consumer Commission (ACCC) about improving the safety of quad bikes. But the improvement in safety came not through occupational health and safety (OHS) laws but the Australian Consumer Law so how could the ACL help improve workplace health and safety further? After a quick look at how the quad bike recommendations have been received, the potential of the ACL is considered in relation to silicosis.

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The reluctant acceptance of quad bike safety changes

One important stage in improving the safety of farm vehicles was completed on October 10 2019 with the acceptance by the Australian Government of recommendations to make Operator-Protection Devices (OPD) mandatory for all quad bikes in Australia. That decision is a substantial achievement that many have lobbied, and fought, over for many years, but it will not save every farmer’s life as quad bike use has always only ever been one part of the occupational health and safety (OHS) risks on farms.

The Australian Government’s recent announcements on this issue have also been a little odd.

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