2006 model ZTR, NO ROPS???

Discussion in 'Lawn Mowing' started by Jason Rose, Mar 30, 2006.

  1. Jason Rose

    Jason Rose LawnSite Fanatic
    Posts: 5,858

    Didn't OSHA or ANSI or whoever comes up with the rules pass some sort of regulation making it mandatory for ALL ZTR mowers over like 20 HP to have a roll bar and seat belt?

    I ask, because I just bought a brand new Dixon Mountian Kodiak (25 HP, 50" cut) and my dealer DID NOT install or even TELL me that it is supposed to have a roll bar! It clearly shows one in the pics of it on their website and the brochure. Couldn't my dealer get into DEEP S*** for failing to install the roll bar??? I'm sure it was shipped with one in the crate...

    Of course I would have REMOVED it anyway, but it's the principal of the thing... I was told by several other dealers that they legally could NOT remove or alter the ROPS, what the end customer did with it was their deal.

    Seems like that if I was even in some sort of roll over type accident that my dealer may be liable for my injuries???
  2. Envy Lawn Service

    Envy Lawn Service LawnSite Fanatic
    Posts: 11,062

    No, not to my knowledge there isn't any sort of "mandate".

    However, if your mower is SUPPOSED to be equipped with one from the factory you should have gotten it. If your dealer removed it, his azz is in a sling though...

    TURF DOCTOR LawnSite Silver Member
    Posts: 2,138

    Scag rops are $600 bucks.
  4. dixonninja

    dixonninja LawnSite Member
    Posts: 2

    well my Dixon Mountian Kodiak came with one.all of my mowers are dixons i currently own 1 72 inch silvertip ,1 50 inch kodiak,1 Dixon Mountian Kodiak 50inch 25hp.1 36inch dixon walkabout. 1 ram mag 44 , and one blackbear 34inch. all of the mowers are commercial grade, i havent had any problems with them and my silertip and Dixon Mountian Kodiak came with roll bar and seat belt.i have used dixon mowers since i started in the biz.my dealer goes out of his way to help me . i would call yer dealer and see what was up. tell him website shows it. but dixon mowers are great you wont be srry ya got one. it prolly was a misunderstanding i dont think he would be stupid enough to take it off or i would hope. hopefully ya get it straighten out .
  5. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    Nope no at all. Even though most makers do have them it is not a law (yet) that they "must".
  6. mowtech

    mowtech LawnSite Senior Member
    Posts: 252

    There is no law requiring ROPS on turf equipment and there is no law requiring a dealer to install a ROPS provided by the manufacturer other than that he may be considered to have commited fraud. If your employee has an accident on a machine without a ROPS, OSHA may fine you for not protecting that employee or for putting him in an unsafe condition, regardless of whether ROPS was standard or not. If your machine was provided with a ROPS and you have removed it, you will most likely be held legally responsible for the injuries or death and can be sued for damages. The manufacturer would most likely be off the hook for your actions. If the dealer does not install the ROPS as provided by the manufacturer, in case of an accident, he will most likely be held legally responsible and can be sued for the damages. If a manufacturer does not provide the ROPS as standard equipment and there is an accident, they will most likely be held legally responsible and can be sued for the damages. In this case precedence could open them up to punitive damages in the millions of dollars.
  7. Richard Martin

    Richard Martin LawnSite Fanatic
    Posts: 14,700

    Not likely. Manufacturers provide safety and instruction manuals (sometimes compiled into one manual) and in every case I've seen the manufacturers provide a precaution about using a mower over a certain degree hill. I've seen them as low as 5 degrees and that is just rediculous. In any case, if the rollover occurs on a slope in excess of the manufacturers recommendations they are not liable. It's just like if you remove the ROPS, remove the discharge chute or disconnect the safeties.
  8. mowtech

    mowtech LawnSite Senior Member
    Posts: 252

    I beg to differ. There is what is called "foreseeable misuse". There is enough history that says people will do these things no matter how much they are warned. It is therefore up to the manufacturer to provide protection from this foreseeable misuse. I know this for a fact as I have been directly involved in such law suits.
  9. Richard Martin

    Richard Martin LawnSite Fanatic
    Posts: 14,700

    And yet cars are still built that far exceed the legal speed limit, cigarettes are still produced that cause lung cancer and guns can still be legally produced and sold. The only way to loose in a rollover case is if you get an extremely liberal judge. There is also a thing called "assumed liability" and it applies in these types of cases. If safety devices or "the lack of" on lawnmowers were that big of a deal Dixie Chopper would have gone out of business years ago from being burdened by a mountain of lawsuits. They have one OPC device on the entire mower and that is so easy to defeat anybody who can unplug an extension cord can do it. They also lack a real grass deflector.
  10. deereman

    deereman LawnSite Senior Member
    from USA
    Posts: 518

    Are you sure it is a 06' or is it a 05' and the dealer is moving them first.

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