Growing Up Empty? Kids Without Quads

It is really a shame that my son and daughter, 7 and 6 respectively, can’t learn to love the sport that paid my bills that last decade, developed life-long friendships and given me a career others call the greatest job in the world. I’ve traveled the world and ridden OHV trails in almost every state and love to interact with nature in this manner. I’ve shared a tiny bit (two small backyard rides on an older loaner vehicle) of the ATV experience with my two young kids and loved every minute of it. Seeing them smile and learn to ride was an experience I’ll never forget. It’s also one I’ll have a hard time every reliving since the CPSIA legislation went into affect. I can’t even get the appropriate sized (50cc) youth quad for them to ride. This also means I can’t test the machine for publication (online or in a magazine). The restrictions also prevent me from aiding the industry and its manufacturers (and ultimately the consumer) by showcasing the machines and each vehicle’s strengths and weaknesses.

I’ll never let them ride a larger displacement ATV because they are too little, have too little experience and it is unsafe and irresponsible. This CPSIA lead ban needs to be reworded or rewritten to exclude ATVs and other small displacement OHVs. I can understand protecting my eighth-month-old son from ingesting lead-coated baby toys, but to eliminate family interaction and joy in both my life and my kids’ is unfair and unsafe.

That’s why I’ve taken the step to contact member of Congress and let them know why they need to alter this legislation. I signed the petition at the Indianapolis Dealer Expo, but don’t want it to stop there. I’ve also contacted members of Congress on my own. I no longer want my kids to miss out in the sport I love.

Here’s are some key points the National Off-Highway Vehicle Conservation Council (NOHVCC) said we nee to point out to our members of Congress:

Excerpt from Russ Ehnes’ article in the NOHVCC newsletter:

“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.”

You can also check out this info from the Motorcycle Industry Council (MIC). Here’s how you can let your voice be heard. Visit Stop The Lead Ban and do your part.

Action Alert! CPSC to develop rules for SxS's

Action Alert!  Side by Side owners and enthusiasts need to stand up and be heard.  Now I don’t have a huge interest in (ROVs) Side by Sides but here is a link to a preformed response that will be sent to the Office of the Secretary, CPSC. Personalize the message all you want. The Americans for Responsible Recreational Access (ARRA) have made it easy to take just a minute or two to voice your opinion.  Follow this link to the Americans for Responsible Recreational Access (ARRA) Link to personalize your message

SxS debate, CPSC to Regulate ROV Utility Vehicles

ROV (Recreational Offroad Vehicle), Side by Side, SxS – how ever you want to say it you know what I am talking about.  The CPSC is at it again, conjuring up rules and regulations concerning these machines.  I have read the entire CPSC memo and here are my opinions on the bullet points presented in the memo.  The regulations center primarily around the “questionable” stability of these machines, as tested using two tests used to evaluate stability and handling characteristics of automobiles and trucks.lateral stability tests (SSF) static stability factor, vehicle handling test (SAE J266, dealing with under steering and over steering).  The CPSC also made recommendations on passenger retention systems and  as well as  technology to encourage use,  I am assuming they mean starter interlock devices and 4 point harnesses. [Read more]

Good News: CPSC Making Progress On Lead Youth ATV/Motorcycle Ban

Finally! After all of this hand-wringing, petition signing and lost sales over the Consumer Product Safety Improvement Act (CPSIA) that has banned youth ATV and motorcycle sales due to their lead content, the Consumer Product Safety Commission is finally taking steps to delay enforcement of the law, the American Motorcyclist Association (AMA) reports.

While it’s definintely cause to take a deep breath and optimistically hope we’re seeing the light at the end of this, it’s still gravely important to keep on top of this and write any/all legislators you can about this. Learn more and get involved at www.mic.org/stoptheban.cfm.

From the AMA:

PICKERINGTON, Ohio –The Consumer Product Safety Commission (CPSC) has voted to deny a petition to exclude youth-model motorcycles and ATVs from a law that bans their sale because of possible lead concerns–but has cleared the way for a second vote by month’s end to delay enforcement of the law, the American Motorcyclist Association (AMA) reports.

Because both members of the commission have said they favor a stay of enforcement, the move almost certainly will stay the execution of parts of the Consumer Product Safety Improvement Act (CPSIA) within the agency.  On Friday, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011. A planned second vote on that timeframe was expected by the end of April.

In addition, it’s not clear whether state attorneys general, who are also charged with enforcing the law, will also stand down.

“Clearly this latest move shows that the CPSC realizes that youth-model motorcycles and ATVs have no business getting caught up in a law aimed at children’s toys,” said Ed Moreland, the AMA’s vice president for government relations. “We’re heartened that both commissioners favor a stay of enforcement, and it appears that this could clear the way for dealers to sell youth-model motorcycles and ATVs–an important consideration for riders and motorsports businesses alike as the riding and racing season ramps up.

“However, this vote doesn’t solve the larger, long-term issue, which is whether or not youth-model motorcycles and ATVs will be exempted from the CPSIA,” Moreland noted. “We believe they should be excluded, and we will continue to work with our partners in the industry and our friends in Congress to make that happen.”

Acting CPSC Chairwoman Nancy Nord went on record on April 3 favoring a stay of enforcement. On April 16, Commissioner Thomas Moore agreed.

“It is clear from the post-enactment statements of some Members of Congress who were

Conferees on the CPSIA that they believe the Commission has the authority to make sensible

allowances for these vehicles as long as child safety is not compromised,” Moore said in his statement. “Given the extremely restrictive language of the law, the only avenue I can see is for the Commission to establish an enforcement plan that follows, to the greatest extent possible, the Act’s intention for future production, while providing relief to the industry and the riding community for vehicles already manufactured and those manufactured during the stay.”

The full text of Moore’s statement is below.

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

I am aware of the speculation that has surrounded my vote on this issue. My staff has spent the time since the ballot came to the Commission working on what I believe is a good solution for the riders of youth motorized recreational vehicles, building and expanding upon the initial position taken by Acting Chairman Nord. The direction my colleague and I are giving to the staff today balances the Congressional desire to protect children from unnecessary contact with leaded components in these vehicles with the need to protect those same children from the potential for physical injury related to riding inappropriate adult-sized vehicles, or riding vehicles either in need of repair or less structurally sound than the ones currently on the market.

It is clear from the post-enactment statements of some Members of Congress who were Conferees on the CPSIA that they believe the Commission has the authority to make sensible allowances for these vehicles as long as child safety is not compromised. Given the extremely restrictive language of the law, the only avenue I can see is for the Commission to establish an enforcement plan that follows, to the greatest extent possible, the Act’s intention for future production, while providing relief to the industry and the riding community for vehicles already manufactured and those manufactured during the stay. There are compelling safety arguments that justify a stay of enforcement.

It is ironic that I am defending vehicles that I consider to be dangerous for children under 12 to ride and which contain accessible parts with excess levels of lead. However, the alternatives appear to be more dangerous. American parents seem to be willing to accept the risk for their children riding these vehicles, so it is the agency’s task, at this stage, to ensure that the vehicles are as safe as possible. One safety rule the agency has stressed is keeping children off of adult-sized ATVs.1 To the extent that new children’s ATVs cannot currently meet the lead limits in the CPSIA, there is the likelihood that parents seeking new vehicles will buy adult-sized ATVs for their children to use. We have also been notified by one ATV manufacturer that they are simply relabeling their Y-6+ and Y-10+ youth ATVs as Y-12+, removing the speed limiting device and continuing to sell them. Thus the vehicles that are more accurately sized for younger children will be less safe because of their ability to attain higher speeds.

The other part of the safety equation that helps balance an enforcement plan against the increased lead exposure it allows, is based on the assertions that certain vehicle components cannot be made with lead below a certain level without compromising the structural integrity (or another safety element) of the component. The enforcement plan of the Commission must require concrete data from the manufacturers on this point to justify their continued use of lead in excess of the applicable lead limit.

The industry has pointed to the European Union’s RoHS and ELV Directives as a guide for what lead reductions or substitutions may be technologically infeasible for their youth vehicles. While we might not need to allow the high lead limits allowed in those Directives for all components, there is guidance to be taken in how the European system is administered. They set an expiration date for their exemptions. Prior to that expiration date it is up to industry to come in and make their case that it is still technologically infeasible to reduce lead to a level at which an exemption is no longer required. The evidence considered is strictly limited to technological feasibility, not on the higher cost of a viable substitute. The guiding principle for this agency’s determinations has to be the safety of the children riding these vehicles.

I believe a stay of enforcement issued by the Commission should:

–relieve all makers, sellers, and distributors of youth motorized recreational vehicles made to date and through the expiration date of the stay from enforcement actions for failure to meet the lead limits of the CPSIA;

–allow those vehicles to be repaired, sold, traded, and otherwise used as they have been;

–allow the sale, distribution and installation of replacement parts that are comparable in lead levels to the old part being replaced until such time as those parts can be brought into compliance;

–expect industry to bring their vehicle components into compliance on a

reasonable schedule, to the extent that is technologically feasible, and to provide us with the detailed information we need to make informed decisions about those components in the future.

The Commission simply cannot ignore the safety tradeoffs that could arise by not providing this relief but it must also work with industry to bring the non-complying components of these youth vehicles as close to the lead limits established by law as is currently technologically feasible, to the extent those parts cannot be made inaccessible. The Commission also needs to let the riding community know that they can continue to use the vehicles they own as they always have.

I believe the approach taken today by myself and Acting Chairman Nord of directing the staff to draft a Federal Register notice containing concrete elements of a stay is the reasonable approach that the Congress is looking for us to take. I anticipate that the Commission will vote to approve it in the near future.

1) Most of my discussion is focused on the ATV industry as they present the greatest (lead and non-lead) safety challenges. However, the enforcement program will also apply to children’s off-road motorcycles and snowmobiles.

Malcom Smith To Protest CPSIA Thursday

We received this in our e-mail and want to let people know what one industry icon is doing about the CPSIA. The event is Thursday, March 19 at Malcom Smith Motorsports in Riverside California.

Also, this effort has made its way to Facebook – join the group if you agree with Malcom.
FacebookGROUP

Kids Love 2 Ride
Protest Event Fact Sheet
Who: Malcolm Smith
What: Kids Love 2 Ride Protest
When: Thursday, March 19, 2009, 4 p.m. PST
Where: Malcolm Smith Motorsports
7599 Indiana Avenue, Riverside, CA 92504
MalcomSmith.com

Why: In defiance of the Consumer Product Safety Improvement Act of 2008 which prohibits the sale of youth motorcycles and ATVs deemed unhealthy for children under 12 due to suspected high-levels of lead content, motorcycle dealer Malcolm Smith will sell these banned vehicles as a sign of protest. As a sign of support, a group of small business people and high-profile motorcycle industry celebrities, including racers Jeff Ward and Jeremy McGrath, Glen Helen Raceway owner Bud Feldkamp, and motorsport design guru Troy Lee have all agreed to be on hand to purchase banned units for use by their own children and grandchildren.

Malcolm Smith with his son Alexander.

Doomsday……again. [CPSIA Feb. 10]

Just when things seemed like they couldn’t get any worst, the good ole Consumer Products Safety Commission is once again wreaking havoc on the off-road industry. The Consumer Product Safety Improvement Act of 2008 is a new law that prohibits the distribution or sales of children’s products that have any part with a lead content above 600ppm. In theory, the CPSIA law was intended to make toys safer for kids under 12 by limiting their exposure to lead. Unfortunately, minicycles, small-bore dirt bikes, and ATVs have some parts with lead in them which exceed the 600ppm limit. What this means, for now at least, is that as of February 10th all units not in compliance will be given a year before being unceremoniously pulled off of show room floors.

To express your concerns or write a letter to your state and national officials: click here

For more on the CPSIA, check out this site www.cpsia-central.ning.com/

The other good news is the new bill being pushed through congress to shut down more than 1,000,000 acres of OHV land. The bill is comprised of more than 160 other bills which are being bundled together, and have a good chance of being pushed through. You can read more about it on the AMA’s web site.

Lets hope for a miracle on both fronts.

CPSIA Update: CPSC Grants One Year Stay Of Enforcement

CPSC Press Release
ATV Sport

FOR IMMEDIATE RELEASE
January 30, 2009
Release #09-115

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.

Significant to makers of children’s products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.

The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.

The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.

The stay does not apply to:
*Four requirements for third-party testing and certification of certain children’s products subject to:

**The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;

**The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;

**The ban on small parts effective for products made after February 15, 2009; and

**The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009.

*Certification requirements applicable to ATVs manufactured after April 13, 2009.

*Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses and swimming pool slides; and

*Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.

The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.

Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our web site.

The Commission trusts that State Attorneys General will respect the Commission’s judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.

Please visit the CPSC web site at www.cpsc.gov/about/cpsia for more information on all of the efforts being made to successfully implement the CPSIA.

To see this release on CPSC’s web site, including links to statements on this vote by Acting Chairman Nancy Nord and Commissioner Thomas H. Moore, please go to:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html

ABOUT CPSC
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters, and household chemicals – contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC’s hotline at (800) 638-2772 or CPSC’s teletypewriter at (800) 638-8270, or visit CPSC’s web site at CPSC.Gov.

HELP STOP FEBRUARY 10TH BAN ON YOUTH OHVS

Our friend Russ Ehnes the national director of the National Off Highway Vehicle Conservation Council (NOHVCC) has asked us to inform all of our networks about the potential economic hazards the CPSIA law, which goes into effect February 10, 2009, could have on our industry and ATV dealers. He says the “action by the CPSC would make it illegal to sell youth model OHVs containing any lead products after February 10th.”

Here is what else Mr. Ehnes had to say regarding the lead in youth OHVs. “Many OHV frames are coated with paint that contains small quantities of lead and items like battery terminals and valve stem cores contain lead. This will have a negative effect on riders ability to buy youth models, and will result in dealers and manufacturers holding inventory that will hurt an already ailing market,” he added. “NOHVCC is a strong advocate of child protection, but the lead contained in youth OHVs poses absolutely no threat to children.”

HELP STOP THE FEBRUARY 10TH BAN ON YOUTH OHVS
BLUERIBBON COALITION ACTION ALERT!
On February 10, 2009, a new law regulating lead content in certain products will go into effect. This could adversely affect companies that manufacture or distribute youth model all-terrain vehicles and off-highway motorcycles and parts and accessories for those vehicles . Dealers that sell and service those products would be impacted as well.

The Specialty Vehicle Institute of America (SVIA) and the Motorcycle Industry Council (MIC) have urgently requested the Consumer Product Safety Commission (CPSC) and federal legislators to take a common sense approach to implementation of the Consumer Product Safety Improvement Act’s lead provisions.

SVIA and MIC have joined several of their member companies in filing petitions with the CPSC for emergency relief from the provisions. They are seeking a temporary final rule to exempt ATV and motorcycle components, parts and accessories in order to avoid major disruptions to enthusiasts, to the member companies’ businesses, and to the companies’ dealer network of thousands of small, independent businesses, which employ tens of thousands of Americans.

BRC is asking all OHV users to contact the Consumer Product Safety Commission and their elected officials today!

Use the following links to send your comments and to contact your Congressional Representatives.
Included below is a sample letter regarding the potential ban of all youth-oriented OHVs, which starts February 10, 2009.

CPSC Comment Page
http://www.cpsc.gov/cgibin/info.aspx

Use the BRC Rapid Response Center to contact Members of Congress and cut, paste and edit the sample letter below.
http://www.sharetrails.org/rapid_response/

Thanks in advance for your support,
Ric Foster
Public Lands Department Manager
BlueRibbon Coalition

PS: BRC needs your support via membership and donations to help us continue our efforts to champion responsible OHV access to public lands. To sign up as a member or to make a donation, CLICKhere-https://www.sharetrails.org/secure/join_or_contribute/?c=1

_______________________________________________________________

Sample Letter:

As a member of the OHV community, I want to voice my strong support for petitions filed recently by the Motorcycle Industry Council and Specialty Vehicle Institute of America to seek emergency relief from provisions, which go into effect on February 10, 2009.

While I do support efforts by the Consumer Product Safety Commission to protect children from lead content in products that truly present a risk to children, I do not believe the Commission intended that metal parts on ATVs and motorcycles be included in that regulation because they do not present a lead risk to children.

As the spring OHV recreation season rapidly approaches, I ask you to support efforts to exclude youth-oriented OHVs – and the businesses that sell and service them – from being unnecessarily impacted by this ban, especially during this economic crisis.

Sincerely,

Your name &
Address