ATVA Urges State Attorneys
General to Join the Consumer Product Safety
Commission in Stay of Enforcement of Lead Law
Pickerington, OH (5/29/2009)
-The ATVA is asking supporters of ATV riding to
contact their state attorney general and ask that
it follow the lead of the Consumer Product Safety
Commission (CPSC) to help protect children by
staying enforcement of the youth-model motorcycle
and ATV ban in the Consumer Product Safety Improvement
Act (CPSIA).
The ATVA holds that this law, if enforced by
state attorneys general, may force children to
ride full-size motorcycles and ATVs -- which can
be too large for them to handle safely -- if youth
models aren't available. Nancy Nord, acting chairwoman
of the CPSC, shares that concern.
"(The) application of the lead-content mandates
of the CPSIA to the products made by the petitioners
may have the perverse effect of actually endangering
children by forcing youth-sized vehicles off the
market and resulting in children riding the far
more dangerous adult-sized ATVs," Nord said
in a statement issued on April 3.
The CPSC voted on May 4 to delay enforcement
of the CPSIA with respect to youth-model motorcycles
and ATVs. The stay of enforcement extends through
May 1, 2011.
Nord has said that she hopes state attorneys
general, who also enforce consumer protection
laws, will follow the CPSC action and use restraint
because, according to Nord, "enforcement
discretion is an important tool that is needed
to reach thoughtful and effective outcomes that
enhance consumer safety."
To get clarification on the issue, Ed Moreland,
AMA/ATVA vice president for government relations,
on May 5 wrote a letter to James McPherson, executive
director of the National Association of Attorneys
General, asking whether state attorneys general
would enforce the law in light of Nord's comments.
Moreland's full letter can be found at the following
link: AmericanMotorcyclist.com/legisltn/AMA_Letter_Naag.pdf.
In a response dated May 8, Dennis Cuevas, project
director and counsel at the National Association
of Attorneys General, told Moreland that the association
hasn't taken a position on enforcement of the
lead law. Cuevas wrote that the attorney general
of each state would need to be contacted to learn
their positions.
Cuevas' full response can be found here: AmericanMotorcyclist.com/legisltn/Naag_response.pdf.
"We need to know the positions of the state
attorneys general nationwide," Moreland said.
"We also need to let them know the importance
of family motorized recreation, and that whatever
minute amounts of lead are in motorcycle and ATV
parts pose no hazard to children.
"The state attorneys general also need to
understand that enforcing this law could be very
dangerous for children because it could force
them to ride machines that are too large and powerful
for them," Moreland said.
The CPSIA was designed to protect children from
lead in toys that might easily end up in children's
mouths. But the law was written so broadly that
it also impacted children's books, clothes, bicycles,
motorcycles and ATVs.
As a result, the CPSIA -- which took effect in
February -- stopped the sale of dirt bikes and
ATVs designed for children age 12 and under. Under
the law, all youth products containing lead must
have less than 600 parts per million by weight.
The CPSC has interpreted the law to apply to various
components of youth-model motorcycles and ATVs,
including the engine, brakes, suspension, battery
and other mechanical parts. Even though the lead
levels in these parts are small, they are still
above the minimum threshold.
The easiest way to contact a state attorney general
is to go to the "Rights" section of
the AMA website at www.AmericanMotorcyclist.com,
and then click on the "Issues & Legislation"
button. From there, the name and address of a
state attorney general can be found so that a
letter can be sent asking whether the attorney
general's office plans to follow the direction
of the CPSC. To send a pre-written e-mail that
is on the site, just click
here.
About the ATVA:
The ATVA, sister organization of the American
Motorcyclist Association, is the only national
organization devoted exclusively to fighting for
the rights of ATVers. More members mean more clout
to fight to protect your right to ride. To join
the ATVA, call (800) ATVA-JOIN, or go to www.ATVAonline.com.
|
Fighting
for your Rights
All Terrain Vehicle Association
P.O. Box 800
Pickerington, OH 43147-0800 |
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