Please help preserve youth ridership

[pquirk]

Temporary sanity. The law itself still needs to be changed though

From the NY Times
April 23, 2009, 4:34 pm
Dirt-Bike Kids Are All Right, For Now


By Daniel McDermon
Motorcycles and all-terrain vehicles for children 12 and younger were banned from sale two months ago as part of the Consumer Product Safety Improvement Act, which imposes stricter limits on lead content in products intended for children. But recently, federal regulators issued a stay of enforcement on those vehicles.
The stay was announced in a letter on April 3 [pdf] by Nancy Nord, the acting chairwoman of the Consumer Product Safety Commission. In her letter, Ms. Nord cited several of the arguments that have been made by industry groups, including the Motorcycle Industry Council:
• that the ban could lead to more children riding vehicles designed for adults, putting the children at greater risk of injury;
• that the standards of the law are excessive when compared to restrictions in Europe;
• that lead is an integral component in certain parts of motorcycles and A.T.V.’s.
The stay means that the affected vehicles, and replacement parts for them, can continue to be sold. But Ms. Nord emphasized that the commission had concluded that it was not authorized to grant an exemption from the act, which the motorcycle industry had petitioned for, and called on Congress to clarify the law. Additionally, she noted that the stay did not have a binding effect on states and municipalities, which could theoretically choose to impose penalties on retailers or manufacturers:

During the pendency of a stay of enforcement, ATV’s and motorized bikes appropriately sized for children twelve and younger can again be available and the Commission will not seek penalties for violation of Section 101 and related provisions of the CPSIA against those who sell them. I hope that the state attorneys general will follow the lead of the agency on this matter. [emphasis added]

The Motorcycle Industry Council, which represents manufacturers, issued its own statement, joining the commissioner’s call for Congressional action.
Organized opposition against the ban has blossomed on the Internet, where people can get updates from the Motorcycle Industry Council, the American Motorcyclist Association or, for the most up-to-date information, follow the Twitter account of Paul Vitrano, the industry council’s general counsel.

[karen]

UPDATE:
http://www.cpsc.gov/businfo/frnotice...uthatvstay.pdf
Record of Commission Action
Federal Register Notice

http://www.cpsc.gov/pr/nordyouthatvstay05012009.pdf

STATEMENT OF ACTING CHAIRMAN NANCY NORD
ON THE STAY OF ENFORCEMENT FOR YOUTH RECREATIONAL OFF-HIGHWAY VEHICLES
May 1, 2009
In the case at hand, we must weigh the theoretical possibility of lead poisoning of a child from riding a youth ATV against the very real probability of death or severe injury from that child riding an adult ATV. This incongruent dilemma about child safety happens because the new law effectively makes youth ATV’s unavailable in the U.S. We cannot allow the rigid exclusion provisions of the law to somehow put children at greater risk of injury or death. Since the law does not allow us to exclude these products, our only option is the stay of enforcement which will now go into effect for a limited period of time. During this “timeout”, the ATV industry will have the opportunity to bring their products closer to the limits specified by Congress.
The Commission, again, is exercising enforcement discretion to address unintended consequences in the law, this time as it relates to the regulation of lead content in children’s products. As both Commissioners have pointed out, enforcement discretion is not the preferred approach to solving this problem. Nevertheless this temporary approach is the only way, now, to work around the prescriptive exclusion provisions to protect the consumer in the meantime.
We have heard from Members of Congress that they did not mean for the law to impact youth ATV’s in this way, that we should use stays of enforcement to address "anomalies" in the law and that, with respect to ATV’s, we should regulate prospectively. During the time the stay is in effect, the Congress will have the opportunity to consider whether and how to give the Commission more flexibility to grant common sense exclusions and to take other regulatory approaches to better prioritize and appropriately address risks based on actual health and exposure data. As the ATV situation before us illustrates, Congress may wish to consider how the retroactive nature of the law is impacting consumers, as well as product sellers.
Both the Congress and the Agency should take time together to comprehensively address “anomalies” in the law so that consumers do not have to rely upon “timeouts” for their safety.

K

[pquirk]

During the time the stay is in effect, the Congress will have the opportunity to consider whether and how to give the Commission more flexibility to grant common sense exclusions and to take other regulatory approaches...

Oh shit, they used "common sense" and "Congress" in the same sentence, we're dooooomed.

[Terp84Alum]

I went by my local dealership and no dice. They aren't selling them. They said that the manufacturers (Honda, Yamaha, Suzuki) do not think the "stay" protects them from lawsuits so they have told the dealers not to sell.

[hot pink harley]

Can the lawsuit only be from a kid getting lead poisoning from a bike or atv? Or is it the "injury" that they are worried about?

[Terp84Alum]

Originally Posted by hot pink harley

Can the lawsuit only be from a kid getting lead poisoning from a bike or atv? Or is it the "injury" that they are worried about?

I'm pretty sure the lead thing because the other safety issue existed before but I didn't ask them. I'm just guessing but the manufacturers want a full exemption from this legislation.

[Martyvz]

Got a "cut and paste" response from my congresswoman........

Thank you for contacting me about the regulation of lead content in children's products covered by the Consumer Product Safety Improvement Act. I appreciate the opportunity to respond to your concerns.

As you may know, the Consumer Product Safety Improvement Act became law on August 14, 2008. The goal of this legislation is to decrease the levels of lead and phthalates in products intended for children. The Consumer Product Safety Commission (CPSC) is tasked with enforcing new regulations established under the law.

Although I was not yet a Member of Congress when this legislation came before the House, I agree that we must do everything we can to protect our children from toys that may be tainted by lead or other toxins. At the same time, I understand that the passage of this legislation has led to a number of unintended consequences, including confusion surrounding how new regulations might impact resellers of children's products, like thrift stores and consignment shops.

Another concern is the impact of the new law on the availability of youth all-terrain vehicles and youth off-highway motorcycles. Some parts of these products contain small quantities of lead in excess of the new limits, such as the valve stems on the tires, the aluminum in some brake components and the terminals on the batteries. As you may know, the Motorcycle Industry Council and the Specialty Vehicle Institute of America have filed petitions to exclude these products from new CSPC regulations under the Consumer Product Safety Improvement Act. The CSPC indicated that that while they cannot act immediately on this matter, they will consider this issue as part of their ongoing rulemakings for exclusion or exception to the lead limits.

Please know that I will keep your views firmly in mind should I have the opportunity to vote on legislation related to consumer product safety in the 111th Congress.

Thank you again for taking the time to get involved. Please do not hesitate to contact me again if I can ever be of service.



Sincerely,

Dina Titus
Member of Congress


Sounds like a first class political F-you. She's defending the ruling because valve stems "contain small quantities of lead in excess of the new limits".

[pquirk]

Originally Posted by Martyvz

Got a "cut and paste" response from my congresswoman........

Thank you for contacting me about the regulation of lead content in children's products covered by the Consumer Product Safety Improvement Act. I appreciate the opportunity to respond to your concerns.

As you may know, the Consumer Product Safety Improvement Act became law on August 14, 2008. The goal of this legislation is to decrease the levels of lead and phthalates in products intended for children. The Consumer Product Safety Commission (CPSC) is tasked with enforcing new regulations established under the law.

Although I was not yet a Member of Congress when this legislation came before the House, I agree that we must do everything we can to protect our children from toys that may be tainted by lead or other toxins. At the same time, I understand that the passage of this legislation has led to a number of unintended consequences, including confusion surrounding how new regulations might impact resellers of children's products, like thrift stores and consignment shops.

Another concern is the impact of the new law on the availability of youth all-terrain vehicles and youth off-highway motorcycles. Some parts of these products contain small quantities of lead in excess of the new limits, such as the valve stems on the tires, the aluminum in some brake components and the terminals on the batteries. As you may know, the Motorcycle Industry Council and the Specialty Vehicle Institute of America have filed petitions to exclude these products from new CSPC regulations under the Consumer Product Safety Improvement Act. The CSPC indicated that that while they cannot act immediately on this matter, they will consider this issue as part of their ongoing rulemakings for exclusion or exception to the lead limits.

Please know that I will keep your views firmly in mind should I have the opportunity to vote on legislation related to consumer product safety in the 111th Congress.

Thank you again for taking the time to get involved. Please do not hesitate to contact me again if I can ever be of service.



Sincerely,

Dina Titus
Member of Congress


Sounds like a first class political F-you. She's defending the ruling because valve stems "contain small quantities of lead in excess of the new limits".

It's a canned congressional response. The one I got from my rep was the same. It's not FY though, it's CYA. They don't actually read all the emails anyhow, what they do is just see how many they get on a topic and go from there. My rep said the email deluges are the best barometer they have for the district sentiment.

[karen]

http://www.marketwatch.com/news/story/atvmotorcycle-industry-cpscs-stay-enforcement/story.aspx?guid={4E85DEA8-D292-4B06-A3C5-EDB0CB11821E}&dist=msr_3

PRESS RELEASE
ATV/Motorcycle Industry: CPSC's Stay of Enforcement is Inadequate; Legislative Solution Needed



Last update: 5:51 p.m. EDT May 4, 2009


WASHINGTON, May 04, 2009 (BUSINESS WIRE) -- The Coalition for Safe and Responsible Use, 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 Coalition for Safe and Responsible ATV Use is comprised of American Honda Motor Co., America Suzuki Motor Corporation, Arctic Cat Inc., Bombardier Recreational Products, Inc., Kawasaki Motor Corp., U.S.A., Polaris Industries, Inc. and Yamaha Motor Corporation.


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(R) 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.
SOURCE: Coalition for Safe and Responsible ATV Use

K

[karen]

st1\:*{behavior:url(#default#ieooui) } AMA urges state attorneys general to join stay of enforcement of lead law

AMA urges state attorneys general to join stay of enforcement of lead law

Posted May 28, 2009
The AMA is asking supporters of off-highway motorcycle and all-terrain vehicle (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 AMA 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 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 this website, 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, just click here: American Motorcyclist Association - Prosecution Still Possible for Violators of the CPSIA!.


K