Thread: Lead Ban Stops Youth ATV and Motorcycle Sales

So, I did some research on this yesterday:

I talked to a level headed salesman at a dealer, and even though my buddy was ranting away, the guy didn't get drawn in.

Apparently it's affecting anything made for kids. He said if you go in to Toys R Us the shelves are empty too.

What has to be done is a certification process proving there is no lead. It even includes riding gear, and spare parts for any mini-bike.

But the manufacturers are slowly doing it. He said the manufacturers are working through it on the bikes too.

So it truly is bad, and it will drive up the cost for all children's products, but it's not quite so bad as it might sound.

There was some info about this at the dealer show. And yes I did sign a petition.

You can go to this site and sign the petition and if you sign up as a member they will give you alerts to issues in your area. Or you can just brouse the ones you want to without having to sign up.

Americans For Responsible Recreational Access

Originally Posted by G-ForceJunkie

Hmmm, If I was a manufacturer, I would instantly start a line of small motorcycles geared at the +18 year old smallperson/dwarf/midget market

That won't matter. The smallest bike they are selling right now (race mx bike) is a 125. At 5'9" I'm on my tip toes. Even if you want a bike for yourself.. pit bike or otherwise (85cc) they can't sell it.

Doesn't all metal have some lead in it? They are concerned about 600 parts of lead pr 1 million. (Which is a joke) Even if they coat the parts with non lead paint, are they still going to use some excuse that there is lead in there? Who knows. If this stays permanent might as well kiss motorcycle related motorsports goodbye. If kids can't ride early, they aren't going to turn pro out of high school. There will be less interest by the time they are big enough to have one.

I agree with most of your stuff G-force but:

Originally Posted by G-ForceJunkie

and circut boards (ECU'S)? Lead contacts on light bulbs?

That stuff we have sorted.

If the "big 4" want to call me to help them do it, I'd do that shit free of charge. We've got the SnAgCu solders pretty well figured out now.

That said, when I'm soldering in my garage, I don't use lead free solder.

Again, for those who have gone through the lame ass AMA route; our identical, meaningless, computer generated form letters are being answered by identical, meaningless, computer generated form letters from our representatives. Don't blame them - they only pay attention to letters written by humans.

However, there is a nugget of information within these responses that we can exploit if we really care about this aspect of the law, which is not readily understood as the focus of the effort, which has merit. (keeping China from sending their toxic waste over here in the form of infant and pet chew toys.)

The CPSC has issued regulations that do not require resellers to test children's products in inventory for compliance with lead standards. New products however will need to be tested. The CPSC is accepting comments on the rule, which may be submitted in writing to the following address:

U.S. Consumer Product Safety Commission
4330 East West Highway
Bethesda, Maryland 20814

So write a simple letter to the CPSC stating that children's participation in supervised family activities involving motorsport are being swept away because this law assumes that an infant could put a minibike in its mouth.

Actually, lose the sarcasm, but send the letter, not an email. Or else you lose your right to bitch about it.

From what I have heard the lead is the least of it. You must get 3rd party certified inspection of all parts. They were interviewing a business from Michigan (not sure what they made) and he stated that the inspection cost would be about 1 years worth of revenue.

Immaterial. Write the letter, have someone translate it into English, and put it in the mail.

Originally Posted by CBRVFR

Immaterial. Write the letter, have someone translate it into English, and put it in the mail.

I signed at the trade show you old buzzard

Originally Posted by CBRVFR

Immaterial. Write the letter, have someone translate it into English, and put it in the mail.

I'll get on it this weekend.. Thanks Dave

Soup :: MIC: Lead Rules Have Potential $1 Billion Dollar Cost :: 02-24-2009

Originally Posted by CBRVFR

However, there is a nugget of information within these responses that we can exploit if we really care about this aspect of the law, which is not readily understood as the focus of the effort, which has merit. (keeping China from sending their toxic waste over here in the form of infant and pet chew toys.)

So write a simple letter to the CPSC stating that children's participation in supervised family activities involving motorsport are being swept away because this law assumes that an infant could put a minibike in its mouth.

That's how they sucker people in on this sort of legislation, it's advertised as a bill to stop leaded toys from China (a good thing). But then they slip in broad language that includes everything for kids up to 12, which is ridiculous because kids generally stop putting toys in their mouth by what, 3 or 4? And to include ATVs of any size is silly because to ride even a 50cc bike a kid must be old/developed enough to know not to eat the parts. I have to wonder if some of the legislators just hate off-roaders and took this cheap shot.
But anyway, that's a good point CBRVFR about composing actual messages on the subject. Hopefully we can find someone in Washington who will speak against this overreaction.

Originally Posted by Purpdust

YOur Loss is Going to be Canada's Gain.

Just like will the 500cc Gama

Hey, don't forget the RD/RZ500.

This is the response I got from our Senator:


Dear Mr. Hubbs:

Thank you for sharing your concerns with me regarding the implementation of the Consumer Product Safety Improvement Act (CPSIA). I appreciate your input. I have heard from a number of Michigan constituents and companies with similar concerns about this legislation.

We all agree that it is of the utmost importance to protect our children’s health and safety by banning lead and phthalates from children’s products, as demonstrated by the widespread support in Congress of the CPSIA. Given the current lack of resources at the Consumer Product Safety Commission (CPSC), however, I am concerned that the effort to protect our children from dangerous substances has had some unintended consequences, including harming small companies that CPSIA was not aimed at in the first place.

On January 16, 2009, I wrote a letter to Senator John Rockefeller, Chairman of the Senate Committee on Commerce, Science, and Transportation, and Senator Mark Pryor, Chairman of the Senate Subcommittee on Consumer Affairs, expressing my concerns about the implementation of the CPSIA. In this letter, I included examples of Michigan companies who would be negatively and inadvertently impacted by the implementation of the CPSIA and who have received little or no guidance from the CPSC about whether their products would be exempt from the testing requirements.

My staff has also weighed in with the CPSC regarding specific questions from Michigan companies, including wooden toy companies, thrift stores, consignment shops, sports equipment companies, and home crafters.

On February 9, 2009, the CPSC issued a stay of enforcement of the testing and certification requirements mandated by the CPSIA. This rule went into effect on February 10, 2009, and will remain in effect for one year. The CPSC has stated that this will afford their agency the necessary time to determine testing requirements, review public comment, and issue specific guidelines for businesses and manufacturers to comply with new CPSIA standards and testing requirements. Enforcement of these provisions, especially upon small business such as craft and handmade toy makers, would be premature considering it is still unclear what standards will apply.

I am pleased, however, that the stay of enforcement does not exclude manufacturers or importers from certification requirements for lead paint, children’s cribs, pacifiers, small parts, and lead in metal components of children’s metal jewelry. Furthermore, the stay only applies to testing and certification requirements, and does not exclude the sale of children’s products from all applicable mandatory safety standards, including limits on lead and phthalates determined by the CPSIA.

At a time when the President and Congress are working to take all possible steps to create
jobs, we are facing a situation where the unintended consequences of well intentioned legislation risks resulting in the loss of jobs. I am hopeful that the CPSC will use this time period effectively, and that Senators Rockefeller and Pryor will work to provide the CPSC with the resources and direction needed to allow them to issue regulatory guidance in a more clear, rational and timely manner.

Michigan is suffering from the highest unemployment rate in the nation, and while I strongly support the intent of this legislation to ensure the safety of our children’s products, I also want to avoid any unintended consequences and expenses for businesses that are not commonsensical. As I continue to work on this matter, I will certainly keep your input in mind.
Sincerely,
Carl Levin

Typical politician

So
1) it is for the children
2) everyone supports it (despite the protests)
3) your overlords in DC all think this is a great idea
4) trust me <insert little green gremlin rubbing his hands together>








Oh and yes I know this is all wrong CBRVFR but I can't help myself.... maybe riding Barber and a post ride maple bender will cure me

Originally Posted by RedRider

I'm surprised Levin found time from requesting all those fucking earmarks to write you back...

Michigan lawmakers, cities, request millions for earmarks | Freep.com | Detroit Free Press

Wo

Yeah.. I don't think he got the point judging by his response.

Today I was working with a different doctor than usual. He was complaining about the requirement from the schools to have a blood lead level for a child before they could start kindergarten, he then says, "in my fourteen years in practice I've never had a single child with an elevated lead level."

I then told him about this law, he was blown away. I'm glad we're saving the kids from something that is obviously such a huge problem...yeah, obviously not. This is all such a disaster.

Originally Posted by slickwill

Today I was working with a different doctor than usual. He was complaining about the requirement from the schools to have a blood lead level for a child before they could start kindergarten, he then says, "in my fourteen years in practice I've never had a single child with an elevated lead level."

I then told him about this law, he was blown away. I'm glad we're saving the kids from something that is obviously such a huge problem...yeah, obviously not. This is all such a disaster.

I've been around paint for years. Some of the harshest in existence. About 10 years ago all manufacturers took the lead out of most all paint. That's what pisses me off so much. This isn't about lead.

Kids Love 2 Ride

Originally Posted by SheepOfBlue

Kids Love 2 Ride

One of my coworkers told me about that yesterday. He faces a 100,000 fine for each bike sold, and up to 5 years in prison. He is advertising "come and get them". He has one of the largest motorcycle dealerships, and was a big name in motocross back when. I'm sure he can afford to take a little punishment. Good for him I say. I did hear one of our locals might be following pursuit somewhat and making someone over 13 signing something saying it’s for them. (not that a 13 year olds signature means anything but hey)

Cool story. I was just about to post about Malcolm Smith's protest: Malcolm Smith sells 3 banned vehicles
Check out the kid's shirt, it says "I promise not to eat it, I just want to ride it"

IRVINE, Calif., March 26, 2009 - The Motorcycle Industry Council (MIC), along with the Specialty Vehicle Institute of America (SVIA), have announced their support for two new bills - S. 608 and H.R. 1587 - that would overturn the ban that resulted from the Consumer Product Safety Improvement Act (CPSIA) of 2008, aka the Lead Ban, which brought the sales of off-highway motorcycles and ATVs designed for kids 12 and under to an abrupt halt on February 10, 2009.

Although the MIC continues to believe that the Consumer Product Safety Commission (CPSC) has the power under the law and based on the scientific evidence submitted to grant the Industry's pending exclusion petitions, the CPSC appears poised to deny these petitions.

As a result, the MIC has intensified efforts to get Congressional support for a regulatory or legislative 'fix,' and is now strongly advocating two new bills that have been introduced, S. 608 and H.R. 1587.

On March 17, 2009, United States Senator John Tester introduced S.608 to amend the Consumer Product Safety Improvement Act of 2008 to exclude secondary sales, repair services and certain vehicles - including youth ATVs and motorcycles - from the ban on lead in children's products, and for other purposes.

On March 18, 2009, in the U.S. House of Representatives, Mr. Rehberg, Mr. Burgess, Mr. Pomeroy and Mr. Simpson introduced H.R. 1587 to amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain off-highway vehicles and for other purposes.

The MIC will continue to work with the sponsors to provide necessary relief to the powersports industry. S. 608, as currently drafted, will stop the ban on vehicles intended for children ages 7-12. MIC and SVIA advocate for the exemption of vehicles intended for children ages 6-12 to ensure all current models again will be available, since many have been designed for ages 6 and up.

"It's time to start letting kids ride safely again on vehicles designed for their use, and finally put an end to this untimely economic debacle," said Paul Vitrano, General Counsel, Motorcycle Industry Council and Specialty Vehicle Institute of America. "We're very pleased to see that Congressional action is being taken to end the ban, and we're working with the bill sponsors to ensure these bills would provide immediate and critical relief to the powersports industry."

The MIC urges its members, dealers, and enthusiasts to act now and show their support for S. 608 and H.R. 1587 by contacting their Members of Congress and appropriate committee members via Stop the Ban on Youth Bikes and ATVs - Lead-Content Regulations - MIC.

MIC statements, press releases, video testimonials, news articles, and additional information relative to the CPSIA are also available at Stop the Ban on Youth Bikes and ATVs - Lead-Content Regulations - MIC.

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.

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, Honda, Kawasaki, KTM, KYMCO, Polaris, Suzuki, Tomberlin, Tomoto and Yamaha. For membership information, call (949) 727-3727. For safety information or to enroll in the ATV RiderCourseSM nearest you, visit ATV Safety Institute and click on "Online Enrollment" or call (800) 887-2887.

Congress Considering Legislation To Lift Ban On Youth Powersports Vehicles News Article // RoadracingWorld.com

Thank you very much for your letter expressing concern about the implementation of the Consumer Product Safety Improvement Act of 2008 (Public Law 110-314). I understand the challenges facing off-highway vehicle (OHV) manufacturers that must comply with the law's requirements and welcome the opportunity to respond to your concerns.

As you know, legislation enacted last year included requirements intended to limit the exposure of children to lead and phthalates in children's products. Specifically, children's products containing more than 600 parts per million of lead were banned from production and sale. An unexpected consequence of this legislation is that youth motorcycles and OHV's are affected by these limits due to the high lead content of some metal components.

I understand your concern that there is little potential for harm to children due to lead exposure in these vehicles. However, the CPSC currently believes that it does not have the legal authority to provide an exemption to the law at this time. That said, the Senate Committee on Commerce, Science and Transportation argues that the CPSC may provide a stay of enforcement in this situation and is hopeful that such action may be taken under new leadership at the Commission. Additionally, Senator Jon Tester (D-MT) has introduced legislation known as the "Common Sense in Consumer Product Safety Act" (S. 608), which would exempt vehicles intended for children between the ages of 7 and 12 from the law's lead limits.

In the meantime, the CPSC will continue to review this issue and provide appropriate guidance to manufacturers and retailers. Please know that I will keep your thoughts in mind should the Senate take further action regarding this matter. You may wish to visit the CPSC website at Information on the Consumer Product Safety Improvement Act (CPSIA) for more information.

Again, thank you for writing. If you have any further questions or comments, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841. Best regards.

Sincerely yours,

Dianne Feinstein
United States Senator

U.S. Senator Dianne Feinstein Comments On Lead-Related Ban Of Youth Motorcycles News Article // RoadracingWorld.com