Take action now: Help change the law to exclude youth-model motorcycles and ATVs

Courtesy of American Motorcyclist Association

Last update: April 26, 2010
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 Chairwoman 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.
Below are some quick links for ways you can help to exclude youth-model motorcycles and ATVs from the CPSIA or for more information about the issue:

• Contact your representatives in Congress by using the Take Action button in the Issues & Legislation section of this website.
• Act now to help kids keep access to youth-model dirtbikes and ATVs: AMA urges riders to contact elected officials by clicking here. Read the AMA’s letter to the House and Senate Appropriations Committees in support of Rep. Denny Rehberg’s amendment to prohibit the use of funds to implement and/or enforce the CPSIA.
• Section 218 allows state attorneys general authority to enforce certain federal product safety laws. To view a brief summary of Section 218, please click here.
• Click here to urge your State Attorney General to follow the lead of the CPSC regarding stay of enforcement.
• 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 our grassroots team at grassroots@ama-cycle.org.
• For more historical information, please click here to see a video of AMA’s President Rob Dingman.
• Read the AMA's comments to the CPSC here.
• Read the U.S. House of Representatives Bipartisan letter to the CPSC here.
• Read the U.S. Senate Bipartisan letter to the CPSC here. Click here to read the CPSC's response to the Senate letter.
• To read the stay of enforcement from the CPSC, please click here.
• For an abridged version of the stay of enforcement, click here.
• The CPSC issued its final rule pertaining to the lead content limits on certain materials or products of the CPSIA. To read the final rule, click here.
• Rep. Michael C. Burgess, M.D. (26-TX) sends letter to Chairmen Henry Waxman and Bobby Rush requesting a hearing on the problems in implementing the CPSIA. To read the letter, click here.
• Read the AMA’s letter to the National Association of Attorneys General and its response.
• On May 14, 2009, Acting Chairman Nord testified before a subcommittee of the House Committee on Small Business. Read her testimony here.
• Sean Hilbert of Cobra Motorcycles submitted a statement for the May 14 hearing. To read his statement, please click here.
• For more details about the bill (H.R. 1587) to exclude OHVs from the CPSIA, click here.
• To view the CPSC report to Congress regarding the CPSIA, please click here.
• Language regarding the CPSIA as passed in H.R. 3288, the Consolidated Appropriations Act. To view the language, please click here.
• To view testimony from Chairman Inez Tenenbaum and Commissioner Nancy Nord of the Consumer Product Safety Commission before the Subcommittee on Financial Services and General Government of the U.S. House Committee on Appropriations, please click here for Chairman Tenenbaum’s testimony and click here for Commissioner Nord’s testimony.
• Click here to download a PDF version of the CPSIA.
• Click here to download a PDF version of the Consumer Product Safety Enhancement Act.

Read the following AMA press releases on this issue:

• Congressional hearing may impact ban on selling off-highway vehicles for kids
• Appropriations bill debate creates opportunity to influence lead-related ban of youth off-highway vehicles
• AMA urges support for kids' access to youth-model off-highway vehicles
• Congressional hearing set for Thursday to get information on the law that bans the sale of dirtbikes and ATVs for kids
• AMA urges state attorneys general to join stay of enforcement of lead law
• The vote is in: CPSC decides to stay enforcement of law banning youth-model motorcycles and ATVs
• Consumer Product Safety Commission set to vote by Friday to postpone enforcement of lead law provisions for youth-model motorcycles and ATVs
• Motorcycle and ATV waiver from lead law sought from Consumer Product Safety Commission
• CPSC poised to delay enforcement of law that bans sale of youth-model motorcycles and ATVs
• Video: Amend the CPSIA rally
• Consumer Product Safety Commission poised to vote on excluding youth OHVs from lead law
• Congress urges U.S. safety panel to exclude youth-model motorcycles and ATVs from anti-lead law
• Video: CBS station WHPTV interviews AMA members about lead law
• One of two CPSC commissioners wants to delay enforcement of ban on sale of youth-model OHVs
• CPSC staff recommends against exempting kid's dirt bikes and ATVs from strict anti-lead law
• From the mouths of kids: Riders rally in Washington, D.C., against lead ban for motorcycles
• AMA urges action on bipartisan Congressional letters to end the ban on the sale of youth-model motorcycles and ATVs
• AMA Hall of Famer Malcolm Smith defies federal law banning sale of youth motorcycles and ATVs
• Young motorcyclists and ATV riders join state lawmakers to seek lead-law exemption

Read these clips from U.S. Representative Denny Rehberg (R-Mont.) about the CPSIA:

• Rehberg Legislation Opens Trails for Young ATV Enthusiasts
• Herseth Sandlin, Rehberg Press Products Safety Commission for Youth ATV & Motorcycles Exemption
• Rehberg Notes Importance of Legislative Solution to Youth ATV/Motorcycle Ban
• Rehberg Smoothes Path for Off-Road Enthusiasts & Preserves Jobs
• Denny Rehberg Fights for Montana Off-Road Vehicles (Video)
• Rehberg's Amendment Protects Young ATV Enthusiasts (Video)

CPSIA Background
The CPSIA took effect in February 2009 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.
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MIC Launches Multi-media Campaign at Indy to Permanently Stop the Ban on Youth Motorcycles and ATVs

Courtesy of MIC

MIC Launches Multi-media Campaign at Indy to Permanently Stop the Ban on Youth Motorcycles and ATVs Members, exhibitors and dealers can text, e-mail, Skype, send letters, and make videos to voice their support at the 2010 Dealernews International Powersports Dealer Expo

IRVINE, Calif., Feb. 9, 2010 –The Motorcycle Industry Council says now is the time to push for a Congressional solution to permanently end the ban on youth motorcycles and ATVs in a video call-to-action, http://bit.ly/aXpkyu. At this year’s Dealernews International Powersports Dealer Expo, the MIC is hosting a variety of multi-media communication tools and activities so that dealers, MIC members, and Expo exhibitors can voice their concerns, show their support, and urge Congress to take action to permanently end the ban on youth vehicles. “There is tremendous momentum for Congress to amend the Consumer Product Safety Improvement Act’s lead content provisions to exclude youth vehicles,” said MIC general counsel Paul Vitrano. “We need our voices to be heard now, and by making all these different multi-media tools available here at Indy, every MIC member, every exhibitor, and every Expo attendee can be part of this massive grassroots effort to finally Stop the Ban.” The MIC’s multi-media communication offerings at Indy include: Text – Signage will be posted throughout the Expo encouraging attendees to show their support for the effort to Stop the Ban on youth ATVs and motorcycles with their cell phone by sending the text message “StoptheBan” or “STB” to 30101. A feature on www.stopthebannow.com allows the public to join the campaign directly from the website by entering their cell phone number. Each person will receive a text response after entering their number and upon replying with “yes” will be placed in the campaign. Letter – Attendees will be asked to add their signatures to letters urging Congress to amend the CPSIA to exclude youth vehicles. Last year’s campaign generated over 5,000 hand-signed letters at the show. E-mail – Computers will be available in the MIC Business Center (Booth # 4508) so members, exhibitors and dealers can quickly and easily send an e-mail to their U.S. Representatives and Senators and to the Congressional oversight committees to urge them to Stop the Ban on youth ATVs and motorcycles. Last year, over 1 million electronic messages were sent to Congress, and they got the attention of Capitol Hill. Call – A special computer station will be set up in the MIC Business Center (Booth # 4508) with a link to identify appropriate Members of Congress, and a Skype account that will enable Expo attendees to call their U.S. Representative and Senators directly from the computer to leave a message. Video – The MIC is encouraging members, exhibitors and dealers to "Send a Video Message to Congress." A camera and filming booth will be set up in the MIC Business Center (Booth # 4508) so that Stop the Ban messages can be created, posted online, and forwarded to Congress. Each of these tools also is available on www.stopthebannow.com. Enthusiasts and other stakeholders should reinforce three key reasons why youth ATVs and motorcycles should be excluded from the CPSIA’s lead content provisions: 1.    The lead content poses no risk to kids. Experts estimate that the lead intake from kids’ interaction with metal parts is less than the lead intake from drinking a glass of water. 2.    The key to keeping youth safe is having them ride the right size vehicle. Kids are now at risk because the availability of youth ATVs and motorcycles is limited due to the lead ban. 3.    The lead ban hurts the economy for no good reason when everyone is trying to grow the economy and create jobs. MIC estimates that a complete ban on youth model vehicles would result in about $1 billion in lost economic value in the retail marketplace every year. The MIC supports the U.S. Consumer Product Safety Commission’s request to Congress to give the agency more flexibility to grant exclusions from the lead content limit to address ATVS and motorcycles. The CPSC requested this flexibility in its January 15 report to Congress containing recommendations to improve the Consumer Product Safety Improvement Act (CPSIA). “MIC calls on Congress to draft legislation as soon as possible to either grant a categorical exemption for these products, as would be provided by H.R. 1587, a pending bill with 56 bipartisan co-sponsors, or to give the CPSC the flexibility to do so,” Vitrano said. Visit www.stopthebannow.com for background information, FAQs, and public outreach tools for the Stop The Ban campaign. 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 industry association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories, and members of allied trades such as insurance, finance and investment companies, media companies 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. Visit the MIC at www.mic.org.

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MIC: Massive grassroots effort needed to change CPSIA

Courtesy of Motorcycle Industry Council
IRVINE, Calif., Jan. 19, 2010 – The Motorcycle Industry Council (MIC) supports the U.S. Consumer Product Safety Commission’s recommendation to Congress to give the agency more flexibility to grant exclusions from the lead content limit to address certain products.  The CPSC requested this flexibility in its January 15 report to Congress containing recommendations to improve the Consumer Product Safety Improvement Act (CPSIA).
“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, 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.”
In a Jan. 12 letter, the MIC thanked the CPSC for its efforts to promote youth safety by implementing a temporary stay to make some youth vehicles available despite the ban.  MIC also suggested three ways to completely or substantially exclude or exempt youth off-highway motorcycles and all-terrain vehicles from those provisions:

1. a “functional purpose” amendment
2. a categorical exemption, such as would be provided by H.R. 1587
3. a change in the definition of “accessibility” for powersports products

Vitrano said it will again be critical for enthusiasts and industry to mount a massive grassroots effort targeting Congress to advocate for one of these amendments to the CPSIA.  In the coming days, MIC will be launching advocacy campaigns through www.stopthebannow.com .
The MIC letter can be read at this link: http://tiny.cc/8iJ3x

Congressional Motorcycle & OHV Issues

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Courtesy of American Motorcyclist Association

Congress is in recess this month and many of your elected officials will be working in their home state offices. This is a great opportunity to meet them and discuss issues important to you. Some current topics to discuss with your elected officials are access to public lands, the future of youth motorcycles and ATVs, health care and the transportation bill.

If you are interested in meeting your Member of Congress you can call their home office closest to you and request the time, date and location of their next public meeting or to schedule a meeting of your own. You can access your elected officials and their contact information by clicking here, and entering your zip code.

To view the AMA's current scorecard for the 111th Congress, please click here for the U.S. House or click here for the U.S. Senate.

If you are able to attend a public meeting with your Member of Congress and would like some ideas on current issues affecting the riding community, we have included some suggested talking points below.

1) The AMA supports active management of off-highway vehicle (OHV) areas. Additionally, the AMA supports responsible recreational access to public lands for the use of OHVs, including off-highway motorcycles, dual-sport motorcycles and all-terrain vehicles (ATVs).

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

• 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. To contact your state attorneys general to voice your opinion, please click here.
• In order to assure continued availability and access to youth OHVs, the CPSIA must be amended to exclude youth-model OHVs from the lead content standard. The AMA is supporting H.R. 1587, which will exempt youth-model OHVs from the CPSIA.
• For more information on what the AMA is doing to fight the CPSIA, please click here.

3) When Congress begins to deliberate the many health care plans under consideration after the August recess, the AMA encourages our elected officials to keep motorcyclists and everyone else who enjoys an active lifestyle in mind. Since our members cherish personal freedom and responsibility, ask your elected official for assurances that the health care plan considered by Congress will guarantee the freedoms of millions of motorcyclists and that it will not be adversely impacted with mandates from Washington.

4) With Congress currently considering the reauthorization of the Surface Transportation legislation, the AMA is asking that our elected officials recognize the benefits of supporting motorcycles in the on-road transportation mix and off-road trail systems.

Promote the fact that motorcycles are positive for our communities because they:

• Reduce traffic and parking congestion
• Increase fuel economy
• Reduce impacts on our roads and bridges compared with automobiles and light duty trucks

Let us know how the town hall went, share your story by clicking here. For more information on these issues, please visit our web site at www.AmericanMotorcyclist.com.

Thank you for taking an active role in helping promote and protect the future of motorcycling and the motorcycle lifestyle. If you would like more information on meeting with your Member of Congress, please contact Rick Podliska at rpodliska@ama-cycle.org.