Ban kids from motorcycles & ATV's

[carguy 1]

This is from RETSORG, MSF

Motorcycle Industry Council and Specialty Vehicle Institute of America Rally Against Youth ATV and Motorcycle Prohibition

- Visit MIC Booth 4705 to Assist in Reaching Out to Legislators -

INDIANAPOLIS, Feb. 12, 2009 - The Motorcycle Industry Council and the Specialty Vehicle Institute of America are doing all they can at Dealer Expo 2009, and at their offices, to help get youth ATVs and motorcycles back on showroom floors. The U.S. Government banned sales of many of these models, beginning on Tuesday, under the lead-content provisions of the Consumer Product Safety Improvement Act (CPSIA).

"We're implementing a full court press at the Dealer Expo," said Paul Vitrano, general counsel for the MIC and SVIA. "We are rallying everyone at Indy. Pre-printed letters to the Consumer Product Safety Commission, which can be signed and we'll send in, will be available throughout the show. Computers will be available in the MIC business center so that dealers and exhibitors can easily make their opinions known to members of Congress."

Everyone is encouraged to visit the Web site of Americans for Responsible Recreational Access, at www.ARRA-access.com, which features a letter generator for constituents to reach their own members of Congress. The MIC also is alerting stakeholders about a new Web site that state Rep. Tom Self of Missouri has launched in support of youth off-highway vehicles. The site, at www.tomself.com, offers e-mail templates to simplify sending messages to members of Congress with oversight of the CPSC.

For weeks, the MIC and SVIA have urged the CPSC to grant (and for members of Congress to support) petitions for temporary exclusions so that youth models could continue to be sold. The powersports industry demonstrated in the petitions, through the scientific analysis required by the CPSIA, that the lead-containing parts of youth ATVs and motorcycles pose no risk of increasing the lead levels in children aged 12 and younger.

On Feb. 5, the CPSC denied a request for an emergency stay, made by the National Association of Manufacturers CPSC Coalition, and joined by the MIC and SVIA. The CPSC stated that it did not have authority under the law to grant such a stay.

The Consumer Product Safety Improvement Act, however, includes provisions that enable the CPSC to grant exclusions for products on a case-by-case basis. The MIC and SVIA believe that the lead-content provisions of the act, which originally were aimed at toys that can be mouthed by children, were never intended to apply to youth ATVs and motorcycles.

On Feb. 10, the lead-content provisions of the CPSIA went into effect. Powersports companies are now prohibited from selling products that are intended primarily for youth, aged 12 and under, and having lead content in excess of the limits identified in the act.

The impact of this act is far-reaching. Applying the new lead-content regulations to youth models has resulted in many smaller models being unavailable to families, and could mean more children riding adult-only ATVs or dirt bikes that are too large for them.

Most of the components making up youth powersports products are in compliance. But some parts unavoidably contain small quantities of lead in excess of the CPSIA limits, such as the valve stems on the tires, the aluminum in some brake components and the terminals on the batteries. Lead in these components is necessary, either because small amounts of lead are needed for safety (such as machining the deep grooves on tire valves, which is needed to assure tire air retention) or functionality (such as the lead in battery terminals, which is needed to conduct electricity).

"It's critical for everyone within the business, and for all of our customers, to step up and support the petitions now in front of the CPSC," Vitrano said. "The ban is harming motorcycling and ATV riding right now. Dealernews has estimated that affected inventories could be more than $100 million. Kids don't have a chance to get on the bikes and ATVs sized for them. We need the power and voice of the industry, as well as enthusiasts, to reinforce our concerns in Washington. We're only asking for common-sense exclusions for powersports parts that simply do not present any risk to children in the real world. Kids don't lick or eat ATV and motorcycle components."

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Since 1983, the Specialty Vehicle Institute of America® has promoted the safe and responsible use of All-Terrain Vehicles through rider training programs, public awareness campaigns, and state legislation. The SVIA also serves as a resource for ATV research, statistics, and vehicle standards. The SVIA, based in Irvine, Calif., is a not-for-profit trade association sponsored by Arctic Cat, BRP, CROSSRUNNER, Honda, Kawasaki, KTM, KYMCO, Polaris, Suzuki, Tomberlin and Yamaha. For membership information, call (949) 727-3727. For safety information or to enroll in the ATV RiderCourseSM nearest you, visit www.atvsafety.org and click on "Online Enrollment" or call (800) 887-2887.

The Motorcycle Industry Council exists to preserve, protect and promote motorcycling through government relations, communications and media relations, statistics and research, aftermarket programs, development of data communications standards, and activities surrounding technical and regulatory issues. It is a not-for-profit, national trade association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories, and members of allied trades such as publishing companies, advertising agencies, insurance firms and consultants. The MIC is headquartered in Irvine, Calif., with a government relations office adjacent to Washington, D.C. First called the MIC in 1970, the organization has been in operation since 1914

From SDORC

As of Tuesday, February 10th, 2009,

the small powersports industry has all

but been shut down.

This action is a result of the

Consumer Product Safey Commission

who is basing this shutdown on the

amount of lead in the vehicles.

This affects the sale of all new

and used motorcycles and ATVs for

kids under 12. It also may affect

parts availability for used

vehicles already in use.

Your action is urgently needed.

Visit www.tomself.com for more

information and to sign the

petition!

Please pass this along

to all your off road friends!

Steve & Sherri Kukla

Publishers

San Diego Off Road Magazine

P.O. Box 845 Borrego Springs CA 92004

www.SanDiegoOffRoad.com

editor@sandiegooffroad.com

[tlking6 0]

Just when you think you've seen it all

My kids grew up around bikes and quads and stuff and I spent hours teaching them to be safe. I feel horrible about exposing them to such danger, afterall, I never thought about telling them not to eat thier bikes or they might get lead poisioning. Wow,, thanks Consumer Product Safety People for looking out so carefully for our kids!!!

Off to the Arra website to do some letter writing,,, thanks for sharing Carguy!

[boat440 0]

Nothing to do with lead poisoning.

Most likely political influence from an anti-motorcycle/dirt-bike organization applying pressure on the CPSE to ban small dirt bikes & quads.

[PastaPilot 17]

While I really enjoyed riding my minibike as a kid I found it much more fun to chew the paint off the frame. It wasn't so much the paint I enjoyed as I did the primer coat below. I tried to spit out the leaded paint chips but I usually ended up swallowing most of them. It's too bad, I think it really had an effect on me.

No really, are these people serious? Who would put a motorcycle in their mouth?

[tntmo 908]

No really, are these people serious? Who would put a motorcycle in their mouth?

I love motorcycles, but I don't love motorcycles.

[dirt dame 561]

I love motorcycles, but I don't love motorcycles.

Hmmm, I'll bet....at least not for free.

[Yeti 0]

No really, are these people serious? Who would put a motorcycle in their mouth?

I love motorcycles, but I don't love motorcycles.

[mctrails 38]

This so much BS! Where will it end. I think they should ban the sale of all cars, trucks, busses, trains, airplanes, etc.... Those vehicle contain far more amounts of lead than small offroad vehicles. Kids don't buy or own them anymore than they own or buy small offroad vehicles. We need to start a campaign to ban all of the aforementioned vehicles for the health of our kids. OMG!!

[BC330 0]

The impacts are so far reaching. We at the dealership level have been advised to remove any youth related items from the shelf. This includes helmets, goggles, jerseys, etc...

We are reamaining hopefull that our voice is heard, and we can all knock some sence into their heads! The real question is where was the AMA and the MIC back in Aug. 08 when this bill was made law????? Why did our "Representatives" not catch this, or see this a bit sooner?

BC

[dirt dame 561]

The impacts are so far reaching. We at the dealership level have been advised to remove any youth related items from the shelf. This includes helmets, goggles, jerseys, etc...

So their tactic seems to be the "Stop 'em while they are young" campaign to just keep youngsters from developing any offroad hobbies that might make them want to ride as adults.

[SDlineman 0]

Did the manufacturers know this was coming? I don't think the lead content of the bike poses any real threat to the kids who ride them, but I'm also not buying the manufacturers claim that the lead is necessary either. I'm pretty sure the valve stems in my car and truck are rubber, not lead, and they hold air just fine, and some batteries advertise their superiority because the terminals are brass, not lead. I think the manufacturers should bear some responsibility here and work on producing a compliant product instead of trying to save a few pennies and starting a campaign to enrage motorcycle riders over this. If this was just dumped on them, I think that is BS, but if they had fair warning, they chose their own fate. I am sure kids bikes will be back soon even if they are a little more expensive, the market is too big for them not to. This probably won't be a very popular opinion, but it is how I feel, and I will respect other people's opinions, so please do the same for me.

[dirt dame 561]

some batteries advertise their superiority because the terminals are brass, not lead.

I'm pretty sure that brass has some lead in it....at least that's what I was told when I asked where the lead was in the first fishing reel that was labeled with a lead hazard warning. The lead was in the brass gears.

[SDlineman 0]

OK, but will it be below the threshold of the ban though? How about gold plated terminals? Kick/pull starts? My point is, the manufacturers have options but are choosing instead to let us do their dirty work, and pulling the bikes seems to be just a ploy.

[bikeslut 1]

OK, but will it be below the threshold of the ban though? How about gold plated terminals? Kick/pull starts? My point is, the manufacturers have options but are choosing instead to let us do their dirty work, and pulling the bikes seems to be just a ploy.

I see your point Jeff, and it really boils down to stupid lawmaking... Make the law clear; ATVs and motorcycles are not toys, and should be excluded from this type of law.

As far as the industry letting us do their dirty work; its possible that the implications to the industry weren't clear in time... Typical judicial system- the law is intended to prevent ingestion of lead... Toy makers get on board, but nobody else notices until it passes... Then some bureaucrat twists the law to meet their agenda. Ask me about prop 65 some time... You'll be shocked what cooked food will do to you!

[TrophyHunter 15]

My point is, the manufacturers have options but are choosing instead to let us do their dirty work, and pulling the bikes seems to be just a ploy.

Point well taken...just a pure guess on my part, but with people suing folks at the drop of a hat, they probably saw it as the prudent thing to do before somebody took 'em to court.

We've all seen the bizarre examples of people not being responsible for their own actions and then suing to correct their incompetence. I'm guessing this is the case and there'll be a judicial interpretation of the word "toy" and we'll all move on.

At least that's what I'm hoping for. Good viewpoint to read...thx.

[SDlineman 0]

(2) EXCEPTION FOR INACCESSIBLE COMPONENT PARTS.—

(A) IN GENERAL.—The limits established under subsection

(a) shall not apply to any component part of a

children’s product that is not accessible to a child through

Applicability.

VerDate Aug 31 2005 12:46 Aug 26, 2008 Jkt 069139 PO 00314 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL314.110 APPS10 PsN: PUBL314 dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008 122 STAT. 3019

normal and reasonably foreseeable use and abuse of such

product, as determined by the Commission. A component

part is not accessible under this subparagraph if such

component part is not physically exposed by reason of

a sealed covering or casing and does not become physically

exposed through reasonably foreseeable use and abuse of

the product. Reasonably foreseeable use and abuse shall

include to, swallowing, mouthing, breaking, or other children’s

activities, and the aging of the product.

Well, it got a little garbled during the cut and paste, but it sounds like all they have to is cover the lead parts of the bike.

You may be right, slutto, the industry may not have been aware that they were going to be affected by this until it was too late. There was 180 days after the law was passed before the enforcement went into effect, but who knows when the manufacturers were told that they had to comply. It is unfortunate that everyone is in this situation right now, but I am not ready to put the blame entirely on lawmakers yet, and I think it can be resolved pretty easily.

On the bright side, anyone with used kids bikes probably saw an increase in value for the time being.

[carguy 1]

All we can do is ask for your help.

Please see the statement below regarding the current status of the lead content ban on youth ATVs and dirt bikes and visit the Motorcycle Industry Council's "Stop the Ban" website (http://www.mic.org/letters.cfm) for several ways to contact Congress to request relief for the powersports industry. Please disseminate this information and feel free to use any of these resources.

Thank you for your assistance.

Ken Glaser

Director, Special Projects

MSF

949.727.3227 x3011

-------------------------------------------

March 4, 2009

Statement of the Motorcycle Industry Council and Specialty Vehicle Institute of America regarding CPSC Ruling on CPSIA.

At a press conference hosted by Rep. Tom Self of Missouri on March 4, Paul Vitrano, General Counsel, Motorcycle Industry Council (MIC) and Specialty Vehicle Institute of America (SVIA) stated that the powersports industry is being severely harmed by the ban on most youth all-terrain vehicles and off-highway motorcycles. The ban is a result, unintended or otherwise from the CPSIA legislation and is a very serious concern because of the consequences.

Serious because:

With these ATVs unavailable to families, we may see more kids on adult ATVs. We know this leads to crashes. The CPSC, the ATV industry, consumer groups, safety advocates and parents all agree: It's critical to keep riders under the age of 16 off of large ATVs designed for adults. The CPSC, consumer advocates and industry have worked for years to get kids onto youth model ATVs, many of which are now not available because of the unintended consequences of this legislation.

In addition, families with smaller dirt bike enthusiasts may be tempted to put young riders on motorcycles that are too large for them. This also raises the risk of injury.

It's serious because:

The potential losses for the industry are massive - up to $1 billion in retail economic value annually. This at a time when our industry, along with thousands of big and small businesses, are struggling because of the economic downturn. Tens of thousands of small businesses across America have been severely hurt because these vehicles are sitting in warehouses and not on showroom floors. Meanwhile, the sales of goods like protective gear, accessories, and parts and services, are virtually non-existent.

Thanks to the efforts of Tom Self and the thousands of dealers in the industry, the media is starting to report on the obvious, that kids won't eat or lick their ATVs and motorcycles.

While that is true, it is also important to note that the industry has submitted scientific evidence using the analytical method required by the legislation. This evidence proves that the lead-containing components, parts and accessories of these vehicles - essential for safety or functionality issues - pose no risk of causing measurable increase in blood lead levels in children aged 12 and younger.

Unfortunately the signals from CPSC are not good. CPSC Commissioners voted just last night on procedures for determining exclusions. Based on both Commissioners' interpretations of the law, we are not optimistic that the exclusion for youth model ATVs and dirt bikes will be granted.

Now the industry is caught in the middle of a fight between Congress and the CPSC. Congress gave the CPSC the power to grant merited, common-sense exclusions, such as ATVs and off-highway motorcycles, from the lead standards. We urge the CPSC to grant our requests for exclusions.

If CPSC believes its hands are tied because of the way the legislation was written, Congress needs to amend the law to restore common sense and make exclusions available for youth ATVs and dirt bikes.

These products present no health risk to children. There is no practical reason for our industry to be harmed by an unintended effect of this law. Each day this ban continues compounds the severe hardship on businesses and families, and works against the ATV safety efforts of CPSC, industry and consumer advocates. And it could well contribute to more crashes among young dirt bike riders.

Congress and the CPSC need to end this ban - NOW.