The ATV &
Motorcycle Youth Lead Ban - It Ain't Over
By: Russ Ehnes
Great Falls, MT (1/30/2010) - One
of the biggest threats to OHV recreation in the
past decade is the CPSIA or Consumer Product Safety
Improvement Act, better known among the riding public
as the "lead ban". When the CPSIA went
into effect, it made the sale of OHV's for use by
kids illegal; and the availability of kid's model
motorcycles and ATVs was crushed. Even though the
lead in metal parts of the vehicles do not pose
a health hazard to youth riders, the Consumer Product
Safety Commission (CPSC) has interpreted the CPSIA
to not provide it with the flexibility it needs
to grant an exclusion from the lead content limits
contained in the act.
After months of wrangling and a seemingly endless
standoff between congress and the CPSC, there
appeared to be a temporary solution when the CPSC
agreed not enforce the rule, called a stay. Unfortunately,
the solution was only temporary and still left
manufacturers vulnerable to over-zealous State's
Attorney Generals, who still have the authority
to enforce the law.
In December, Congress passed an appropriations
bill that contained a clause instructing the CPSC
to come up with recommendations that would fix
the CPSIA so the act would protect our kids from
legitimate exposure to lead, but would not have
the unintended consequences of destruction of
entire industries where lead exposure from their
products is not a legitimate concern.
On January 15, 2010 the CPSC sent its "consensus
report" to Congress and according to Industry
spokesmen, the recommendations in the report could
pave the way for Congress to relax requirements
for certain industries and once again allow the
sale of youth model OHVs.
"We are encouraged that the consensus report
of all five Commissioners specifically mentions
ATVs and dirtbikes; recognizing the dangers to
riders caused by the current ban on youth motorcycles
and ATVs," said MIC general counsel, Paul
Vitrano.
In addition to the consensus report, The Motorcycle
Industry Council (MIC) is encouraged that CPSC
Chairman Inez Tenenbaum also called on Congress
to create a new "functional purpose"
exclusion to the lead content limits. This amendment
would permit the Commission to grant exclusions
for youth ATVs and motorcycles since lead in many
accessible components is necessary for their functional
purpose, contact with those components is infrequent,
and the elimination of lead is impracticable or
impossible based on available scientific or technical
information.
"It is clear that the CPSC strongly believes
that the ban on youth model ATVs and motorcycles
needs to end," Vitrano also said, "MIC
calls on Congress to draft legislation as soon
as possible to either grant a categorical exemption
for these products, as provided by H.R. 1587,
a pending bill with 55 bi-partisan co-sponsors,
or to give the CPSC the flexibility to do so."
That's where the OHV community will need to get
involved with a massive grassroots campaign. The
recommendations in the report are just that and
without action by congress, the availability of
youth model OHVs will not change. In the very
near future you will be receiving information
from a number of national OHV organizations about
how you and your organizations can help stop the
ban. The time to act is coming very soon.
For more information go to www.stopthebannow.com.
www.nohvcc.org
Great Falls, MT 59404
800-348-6487
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