PICKERINGTON, Ohio — 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 [email protected]. 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. About the American Motorcyclist Association Since 1924, the AMA has protected the future of motorcycling and promoted the motorcycle lifestyle. AMA members come from all walks of life, and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world’s largest motorcycling organization, the AMA advocates for motorcyclists’ interests in the halls of local, state and federal government, the committees of international governing organizations, and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition and motorcycle recreational events than any other organization in the world. AMA members receive money-saving discounts from dozens of well-known suppliers of motorcycle services, gear and apparel, bike rental, transport, hotel stays and more. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations. More, from a press release issued by MIC: MOTORCYCLE INDUSTRY COUNCIL: CPSC’S STAY OF ENFORCEMENT IS INADEQUATE; LEGISLATIVE SOLUTION NEEDED IRVINE, Calif., May 4, 2009 – The Motorcycle Industry Council (MIC) and the Specialty Vehicle Institute of America (SVIA) issued the following statement in response to the Consumer Product Safety Commission’s (CPSC) release of a Federal Register notice on a Stay of Enforcement for all-terrain vehicles (ATVs) and motorcycles from the new lead content limits contained in the Consumer Product Safety Improvement Act (CPSIA): “MIC and SVIA thank CPSC Acting Chairman Nancy Nord and Commissioner Thomas Moore for attempting to get youth model ATVs and motorcycles back on showroom floors, and for acknowledging that the current ban on youth model ATVs and motorcycles creates a compelling safety issue because it likely will result in children 12 years of age and younger riding larger and faster adult-size vehicles, while, as the CPSC’s staff scientists acknowledge, the presence of lead in metal alloys in these youth models does not present a health hazard to children. The Commission also acknowledges that children riding these vehicles only interact with a limited number of metal component parts that might contain small amounts of lead, like brake and clutch levers, throttle controls, and tire valve stems. However, although the Commissioners’ intentions are laudable, it is clear that the stay of enforcement as drafted is a temporary stop-gap measure with conditions largely unrelated to safety. It does not and cannot end the ban on these vehicles. Due to the highly restrictive language of the CPSIA and the fact that the CPSC is not the only agency responsible for enforcing the law, this stay of enforcement is simply inadequate in legal terms and leaves the industry vulnerable to lawsuits and actions by federal and state agencies. For example, because the CPSIA has now branded these products as ‘banned hazardous substances’ due to their minimal lead content, they cannot be imported into the United States. U.S. Customs and Border Protection is responsible for enforcing this ban, and CPSC’s stay cannot and does not bind this separate federal agency to follow it. Nor would the proposed stay prevent state Attorneys General from taking enforcement action against our member companies. It is clear that the only way to obtain adequate and permanent relief for riders and the powersports industry from the CPSIA’s lead content requirements is for Congress to take action. The CPSIA must be amended to grant an exemption for youth ATVs, motorcycles and other off-highway vehicles, which present no lead-related health risk to children. The industry supports categorical exemptions provided by legislation introduced by Rep. Denny Rehberg (H.R.1587) and Senator Jon Tester (S.608). MIC and SVIA urge Congress to end the ban of youth model ATVs and motorcycles once and for all by amending the CPSIA.” The Motorcycle Industry Council 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 www.atvsafety.org and click on “Online Enrollment” or call (800) 887-2887.