US threatens WTO action on fitting rollover protection to ATVs

The US has threatened to take Australia to the World Trade Organisation if it makes rollover bars mandatory on all new quad bikes.

THE US Government has waded into the quad bike manufacturers’ campaign to ban rollover bars, warning any move by the Australian Government to make them mandatory would amount to a trade barrier.

The Weekly Times understands the US Embassy in Canberra has lodged a complaint with the Australian Government, warning the adoption of an Australian Competition and Consumer Commission recommendation to mandatorily fit operator protection devices to new quad bikes would amount to a technical barrier to trade under World Trade Organisation rules.

Referring the matter to the WTO could mean months or even years of delay in implementing the requirement.

Cartoon: Chris Rule

But safety researcher Keith Simmons responded: “If the Yanks want to take Australia to the WTO, then what are they going to do about Israel, where OPDs have been mandatory since the 1990s?

“All manufacturers are still selling into Israel.”

The ACCC has refused to comment on the US complaint.

“We’re aware of broad stakeholder interest in our proposed mandatory standard and will have regards to all feedback in our final recommendation,” the ACCC stated.

Federal Trade Minister Simon Birmingham referred The Weekly Times to the Department of Foreign Affairs and Trade, which said in a statement that Australia took its WTO obligations seriously, including those under the Technical Barriers to Trade Agreement.

“At the same time, it recognises WTO members’ right to implement measures to achieve legitimate policy objectives, such as the protection of human health and safety, or protection of the environment, while also providing for transparency in the introduction of such measures,” the department said.

The US Embassy was unable to respond by The Weekly Times’ deadline on the issue.

The Weekly Times has previously reported that Deputy Prime Minister Michael McCormack put pressure on the ACCC, before the May federal election, to abandon its OPD recommendation. At the time Mr McCormack’s office said he had merely “consulted” with the then Assistant Treasurer Stuart Robert “on the issue of quad bike safety and the recent ACCC Report”.

EDITORIAL: A CRASH COURSE IN HYPOCRISY

The ACCC resisted the pressure, but Mr Robert refused to adopt the consumer watchdog’s recommendations, referring the matter to another round of public consultation, which ended on June 10.

The new round of consultation offered the Japanese manufacturers Honda and Yamaha — who have threatened to withdraw from the Australian market — a last-ditch bid to stop mandatory OPDs.