Sale Of Kids Bikes Banned Due To New Lead-Testing Rules?

Discussion in 'General (Main)' started by WoodsChick, Jan 28, 2009.

  1. WoodsChick Administrator

    Location:
    Oakland, CA Miramonte, CA
    Husqvarna Motorcycle:
    3 Terras, 2 `07 SM610s, `09 WB165,
    Other Motorcycles:
    KTM, GasGas, Suzuki, Honda
    I wish I could be there! Good for him :applause:
    I'll be there in spirit!


    WoodsChick
  2. HuskyDude Moderator

    Location:
    BC, Canada
    Husqvarna Motorcycle:
    13/TR650
    Other Motorcycles:
    10/EC300, 76/TY175
    I'll be there in Spirit too...From the "Great White North"


    Can't they see how ludicrous this really is.:foul:

    Worried about lead in the paint... not the gasoline or exhaust fumes.
  3. 08_TE_250_Dad Husqvarna
    B Class

    Location:
    Jersey Shore
    Letter Sent to my local congressmen. Here is some of it:
    This letter is in response to the Consumer Product Safety commission's ruling on lead levels and the ban on sale of ATV's and Motorcycles designed for children 12 and under. This ruling has essentially shut down a large portion of the ATV and motorcycle industry. This cant's possibly be the intent of this ruling. I cannot even purchase replacement parts for my son's dirt bike. This will surely lead to more harm than good. Children's ATV's and motorcycles cannot be properly maintained and this will lead to serious injuries. I urge you to vote to change the wording of this bill or make an exception to the ATV and motorcycle industry. This type of idiotic taxpayer representation cannot be tolerated.
    Sincerely,
  4. Colo moto CH Sponsor

    Location:
    La Jara, Colorado
    Husqvarna Motorcycle:
    7602racing.com
  5. Coffee CH Owner

    Location:
    Between homes - in ft Wayne IN
    Husqvarna Motorcycle:
    2006 TE250, 2013 TR650 Terra - sold
  6. Coffee CH Owner

    Location:
    Between homes - in ft Wayne IN
    Husqvarna Motorcycle:
    2006 TE250, 2013 TR650 Terra - sold
    I'm not sure how to respond to this...

    Got this today:

    Dear Mr. _____:



    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 www.cpsc.gov/about/cpsia/cpsia.html 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
  7. Coffee CH Owner

    Location:
    Between homes - in ft Wayne IN
    Husqvarna Motorcycle:
    2006 TE250, 2013 TR650 Terra - sold
    Just found this.

    STATEMENT OF THE HONORABLE THOMAS H. MOORE
    ON THE PETITION FOR TEMPORARY FINAL RULE
    TO EXCLUDE A CLASS OF MATERIALS UNDER SECTION 101(b) OF
    THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008 (CPSIA)

    April 16, 2009

    See attached.


    :thumbsup:

    Attached Files:

  8. Xcuvator Husqvarna
    Pro Class

    Location:
    Scholls Oregon
    Husqvarna Motorcycle:
    TE450,610 WB165,WR250 WR360 & XC430
    Other Motorcycles:
    yes
    Malcolm Smith Goes Through With Promise to Sell Banned Motorcycles
    Last week, we reported that Motorcycle Hall of Fame offroad racing champ Malcolm Smith was planning to protest the federal government's ban on selling motorcycles and ATVs to kids under 12, enacted as part of the 2008 Consumer Product Safety Improvement Act of 2008. Not that anyone doubted he would, but Smith stuck to his word, setting up a table in the middle of his Riverside, Calif., dealership and selling the banned bikes to three industry friends - Jeff Ward, Troy Lee and Bud Feldkamp - who turned out to support his protest against the CPSIA.

    Quite a guy, that Malcom Smith. I got this from Motorcycle Classics Mag. website.
  9. Coffee CH Owner

    Location:
    Between homes - in ft Wayne IN
    Husqvarna Motorcycle:
    2006 TE250, 2013 TR650 Terra - sold

    I'm not sure why there is not more excitement regarding this post. For a little less obscure & more obvious info maybe read this:
    http://www.thumpertalk.com/forum/showthread.php?p=7989018
  10. Coffee CH Owner

    Location:
    Between homes - in ft Wayne IN
    Husqvarna Motorcycle:
    2006 TE250, 2013 TR650 Terra - sold
    No I do not have a link...

    The Consumer Product Safety Commission (CPSC) has voted to stay enforcement of a lead law that currently bans the sale of youth-model motorcycles and all-terrain vehicles (ATVs). The stay, which extends through May 1, 2011, follows a unanimous vote by Acting Chairwoman Nancy Nord and Commissioner Thomas Moore.

    The AMA Government Relations Department is currently examining the 25-page Stay of Enforcement document and will issue more details shortly. It can be viewed by clicking here.

    The law in question is the Consumer Product Safety Improvement Act (CPSIA). Designed to protect children from lead in toys that might easily end up in children's mouths, the language of the legislation has ensnared a number of products that have little exposure risk, including youth-model motorcycles and ATVs.

    "While we applaud the CPSC commissioners' vote to stay enforcement of the law, this doesn't solve the real issue, which is the law itself," said Ed Moreland, AMA vice president for government relations. "Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen. Hopefully, this stay will give Congress the time it needs to fix this law, and we will continue to work with both legislators and our partners in the industry to make certain that it does."

    Moreland added that nearly 80,000 AMA and ATVA (All-Terrain Vehicle Association) members contacted their lawmakers and the CPSC to let them know how they feel. "I'm convinced this helped shape Chairman Nord's and Commissioner Moore's decision to support a moratorium on enforcing the lead law," he said.

    Despite the stay, it is unclear whether state attorneys general will also decline to enforce the CPSIA. The sale of youth-model motorcycles and ATVs is still technically illegal. Even though a stay means that dealers would not be subject to fines or penalties imposed by the CPSC, state attorneys general would still be able to prosecute violators if they chose to do so.

    "Motorcyclists and ATV riders need to let the Congress know that we are concerned about the law, and that we want kids' OHVs excluded from the law," said Moreland. "We need to continue to let our decision-makers know how we feel."

    Riders should contact their federal lawmakers and ask them to support legislation to exempt youth-sized motorcycles and ATVs from the CPSIA by going to the "Rights" and then "Issues and Legislation" section of the AMA website at AmericanMotorcyclist.com.

    Also, individuals can sign up for the AMA/ATVA Government Relations Department's Action E-list so that they can be notified by e-mail when their support is needed to make a difference on important issues. Those interested in circulating a petition to change the CPSIA should contact Jessica Irving, AMA/ATVA grassroots coordinator, at jirving@ama-cycle.org.

    CPSIA Background

    The CPSIA took effect in February and it immediately stopped the sale of dirt bikes and ATVs designed for children 12 and under. The law was meant to protect children from dangerous levels of lead in toys, but it was written so broadly that it also impacted children's books, clothes, motorcycles and ATVs.

    Under the CPSIA, 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.

    To ensure continued availability and access to youth-model motorcycles and ATVs, the Motorcycle Industry Council, Specialty Vehicle Industry Association, the AMA, ATVA and others asked the CPSC to consider petitions submitted to exclude youth-model motorcycles and ATVs from the final rule governing the law.

    The CPSC staff admits that the risk of exposure to lead from youth-model motorcycles and ATVs is relatively low. But the staff told the commissioners that the law is written so strictly that no lead absorption into the body is allowed. As a result, they say, motorcycles and ATVs shouldn't be exempt from the law.

    In April, the two-member CPSC rejected an industry request to exempt youth-model off-road motorcycles and ATVs from the CPSIA because the agency did not believe that it had the authority to exclude these vehicles from the lead-content limits imposed by Congress. However, the commissioners signaled their desire to issue a stay to give Congress the opportunity to change the law so that youth-model motorcycles and ATVs can be legally sold. The commissioners also expressed hope that manufacturers will use the delay to make changes to their products to make them meet the requirements of the new law.

    "...ATVs and motorized bikes appropriately sized for children 12 and younger can again be available and the commission will not seek penalties for violation of Section 101 and related provisions of the (law) against those who sell them," said Acting CPSC Chairman Nancy Nord on April 3. "I hope that the state attorneys general will follow the lead of the agency on this matter.

    "All stakeholders -- industry, users, Congress and the commission -- need to come together to fix the statutory problems that have become so apparent, in a common sense approach that does not unnecessarily burden those regulated, yet provides safety for American families," she said.
  11. Coffee CH Owner

    Location:
    Between homes - in ft Wayne IN
    Husqvarna Motorcycle:
    2006 TE250, 2013 TR650 Terra - sold
    another update via email to me...

    Help needed to change law to exclude youth-model motorcycles and ATVs

    Change the Law to Exclude Youth-Model Motorcycles and ATVs!
    Take Action! Write your Representatives Today!

    The Consumer Product Safety Commission (CPSC) has voted to stay enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA) that currently bans the sale of youth-model motorcycles and all-terrain vehicles (ATVs). The stay, which extends through May 1, 2011, follows a unanimous vote by Acting Chairman Nancy Nord and Commissioner Thomas Moore.

    While we applaud the CPSC commissioners' vote to stay enforcement of the law, this does not solve the real issue, which is the law itself. Despite the stay, it is unclear whether state attorneys general will also decline to enforce the CPSIA. The sale of youth-model motorcycles and ATVs is still technically illegal. Even though a stay means that dealers would not be subject to fines or penalties imposed by the CPSC, state attorneys general would still be able to prosecute violators if they chose to do so. Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen.

    Motorcyclists and ATV riders need to let Congress know that we are concerned about the law, and that we want youth-model OHVs excluded from the law. We need your help to let our lawmakers know how we feel. Riders should contact their Representatives and ask them to support H.R. 1587, introduced by Rep. Denny Rehberg, to exempt youth-sized motorcycles and ATVs from the CPSIA.

    You can find contact information for your elected officials on www.AmericanMotorcyclist.com, click on "Rights," then "Issues & Legislation," and enter your zip code in the "Find your Officials" box. Additionally, a prewritten e-mail is available for you to send to your Representative immediately by following the "Take Action" option and entering your information.

    For more ways you can help to exclude youth-model motorcycles and ATVs from the CPSIA or for more in formation about the issue, click here.

    Please write or call your Representative today and ask them to support H.R. 1587 to exclude youth-model motorcycles and ATVs from the CPSIA lead content requirements.
  12. Coffee CH Owner

    Location:
    Between homes - in ft Wayne IN
    Husqvarna Motorcycle:
    2006 TE250, 2013 TR650 Terra - sold
    There has been no significant information about this in a long time. In addition Husqvarna does not make bikes that this legislation affects, although many members have young kids that this issue affects. TT has an entire forum dedicated to the issue here:
    http://www.thumpertalk.com/forum/forumdisplay.php?f=404

    I'm unsticking this thread. If something of significance happens we can either re-stick or start a new sticky thread.
  13. mxracernumber1 Husqvarna
    A Class

    Enforcement of this legislation has been given a stay. We should see dealers dragging out the 2008/2009 inventory and dusting it off pretty soon if the states' attournys general agree to cooperate. My guess would be if you live in a blue state, forget about it and if you live in a red state, well "YEAH!" I know 2 little boys that will be VERY happy-they haven't had any handlebars for breakfast in a long time!:doh:

    http://www.motorcycle-usa.com/2/3434/Motorcycle-Article/AMA-News-and-Notes-June-2009.aspx