CPSC staff recommends against exempting children’s dirt bikes and ATVs from strict anti-lead law PICKERINGTON, Ohio — The staff of the Consumer Product Safety Commission (CPSC) is recommending that the agency refuse to grant an exemption for youth-model off-road motorcycles and all-terrain vehicles (ATV) from a new anti-lead law, the American Motorcyclist Association (AMA) reports. The law, the Consumer Product Safety Improvement Act (CPSIA) that took effect in February, has stopped the sale of dirt bikes and ATVs for children 12 or under. The law was meant to protect children from dangerous levels of lead in toys, but it was written so broadly that it also governs such things as 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-sized off-highway vehicles (OHV) 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 CPSC staff admits that the risk of exposure to lead from OHVs 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, motorcycles and ATVs shouldn’t be exempt from the law. In light of this new recommendation, Ed Moreland, AMA vice president of government relations, is urging all motorcyclists and ATV riders to contact their U.S. Senate and House members. Moreland wants riders to ask their lawmakers to support letters being circulated on Capitol Hill that ask the CPSC to grant exemptions from the lead law for kids’ dirt bikes and ATVs. “The CPSC is expected to vote on the staff recommendation soon,” Moreland said, “so motorcyclists and ATV riders need to contact their federal lawmakers now.” Moreland added that riders should also tell Congress to support two bills aimed at righting this oversight: H.R. 1587 and S. 608. The easiest way to take action is by visiting www.AmericanMotorcyclist.com, clicking on the “Rights” section and then “Issues and Legislation.” AMA members will also find a card in the May issue of American Motorcyclist addressed to the CPSC that they can mail. Interested parties can also sign up in the “Rights” section to get e-mail Action Alerts to keep abreast of issues threatening motorcycling and ATV riding, and to take action. About the American Motorcyclist Association Since 1924, the AMA has promoted and protected the motorcycling 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 motorcycle organization with nearly 300,000 members, 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 events than any other organization in the world. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations. For more information, visit www.AmericanMotorcyclist.com. More, from a press release issued by the MIC: Motorcycle Industry Rallies in Washington Against Youth Model Lead Ban Despite Opposition, CPSC Staff Recommends Denial of Waiver for ATVs and Dirt Bikes IRVINE, Calif., April 2, 2009 – Executives from the Motorcycle Industry Council and the Specialty Vehicle Institute of America, along with dealers from West Virginia and Maryland, participated in The CPSIA Rally yesterday in Washington, D.C., to press for changes to the Consumer Product Safety Improvement Act. The powersports industry representatives also urged support for two new bills – S. 608 and H.R. 1587 – that would overturn the ban that resulted from the CPSIA, aka The Lead Ban, which halted sales of off-highway motorcycles and ATVs designed for kids 12 and under, on Feb. 10. More than 200 people gathered at The CPSIA Rally, representing impacted businesses from across America, scientists who testified that there is no health risk to kids, manufacturers, members of Congress, AMA representatives including six-year-old motocross racer Chase Yenser and his family, ATV/motorcycle dealers Steve Burnside from DSD Kawasaki in West Virginia and Richard Riley from Fredericktown Yamaha in Maryland. “We were very encouraged after hearing the first five Congressional speakers,” said MIC President Tim Buche. “Senator Jim DeMint, Senator Bob Bennett, Representatives Michael Burgess, Joe Barton and Denny Rehberg all support excluding ATVs and motorcycles from the law.” However, despite the public and congressional support, the staff of the Consumer Product Safety Commission announced that they recommend denying a request to exempt all-terrain vehicles and dirt bikes because the vehicles can have higher-than-allowed levels of lead in the brake and clutch levers, the valve stems on tires, the battery and other parts. The CPSC staff strongly suggested that they would have recommended relief under a risk-based standard. “The staff agrees that exposure to lead from motorized recreational vehicles would likely be relatively low…,” stated the staff recommendation. At the same time, CPSC staff acknowledged: “A bigger safety concern than lead exposure is that the elimination of youth ATV sales will most likely increase the number of adult ATVs purchased to be used by younger children; therefore increasing the risk of injury and death.” “As a result of the CPSC staff recommendation, we must intensify all efforts to get Congressional support for a regulatory or legislative fix,” Buche said. “One way is to strongly advocate two new bills that have been introduced, S. 608 and H.R. 1587.” Introduced by U.S. Sen. Jon Tester, D-Mont., on March 17, S.608 would amend the CPSIA to exclude secondary sales, repair services and certain vehicles, including youth ATVs and motorcycles, from the ban on lead in children’s products. U.S. Reps. Denny Rehberg, R-Mont., Michael Burgess, R-Texas, Earl Pomeroy, D-N.D., and Mike Simpson, R-Idaho, introduced H.R. 1587 on March 18 in the U.S. House of Representatives to amend the lead prohibition provisions of the CPSIA to provide an exemption for certain off-highway vehicles, along with other purposes. “We’re very pleased to see this congressional support to end the ban,” Buche said. “We’re working with the sponsors to ensure these bills would provide immediate and critical relief to the powersports industry.” The MIC is urging its members, dealers, and enthusiasts to act and show their support for S. 608 and H.R. 1587 by contacting their members of Congress and appropriate committee members via www.StopTheBanNow.com. MIC statements, news releases, video testimonials, news articles, and additional information regarding the CPSIA are also available at www.StopTheBanNow.com. Immediate updates are available via Twitter by following paulvitrano. 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 www.atvsafety.org and click on “Online Enrollment” or call (800) 887-2887.