WTF!!! New law on kids ATV's

[offroadace]

I'm in.

[Autophysn]

Ok, now it is obvious that this was not sent to me directly, although throwing my name in there was a really cool touch. Either way, it still seems as if they are not going to budge. Please keep this active in your thoughts and sign what ever petition you can to help move things along. You may not have children now, maybe you will, or maybe you won't, but most of us had the opportunity to ride as kids, and there is no reason why in a free country, we should not be able to buy our kids the newest, safest vehicle out there. Enjoy.......





Dear Mr. Castillo:



Thank you very much for your letter expressing concern about the implementation of the Consumer Product Safety Improvement Act of 2008 (Public Law 110-314). I understand the challenges facing off-highway vehicle (OHV) manufacturers that must comply with the law's requirements and welcome the opportunity to respond to your concerns.



As you know, legislation enacted last year included requirements intended to limit the exposure of children to lead and phthalates in children's products. Specifically, children's products containing more than 600 parts per million of lead were banned from production and sale. An unexpected consequence of this legislation is that youth motorcycles and OHV's are affected by these limits due to the high lead content of some metal components.



I understand your concern that there is little potential for harm to children due to lead exposure in these vehicles. However, the CPSC currently believes that it does not have the legal authority to provide an exemption to the law at this time. That said, the Senate Committee on Commerce, Science and Transportation argues that the CPSC may provide a stay of enforcement in this situation and is hopeful that such action may be taken under new leadership at the Commission. Additionally, Senator Jon Tester (D-MT) has introduced legislation known as the "Common Sense in Consumer Product Safety Act" (S. 608), which would exempt vehicles intended for children between the ages of 7 and 12 from the law's lead limits.


In the meantime, the CPSC will continue to review this issue and provide appropriate guidance to manufacturers and retailers. Please know that I will keep your thoughts in mind should the Senate take further action regarding this matter. You may wish to visit the CPSC website at Information on the Consumer Product Safety Improvement Act (CPSIA) for more information.



Again, thank you for writing. If you have any further questions or comments, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841. Best regards.




Sincerely yours,

Dianne Feinstein
United States Senator

[Autophysn]

some more info on the topic



One of two federal commissioners votes to grant a 1-year stay in enforcing ban on sale of youth-size ATVs | Inland News | PE.com | Southern California News | News for Inland Southern California

[Sheebeme]

ATV/MOTORCYCLE INDUSTRY RESPONSE TO CPSC REJECTION OF LEAD
STANDARD EXCLUSION PETITION AND PROPOSED STAY OF ENFORCEMENT

The Motorcycle Industry Council, Inc, the Specialty Vehicle Institute of America and the Coalition for Safe and Responsible ATV Use are disappointed that the Consumer Product Safety Commission (CPSC) voted today to reject the petition that our industry submitted for an exclusion for all-terrain vehicles (ATVs) and motorcycles from the lead content limits found in the Consumer Product Safety Improvement Act (CPSIA).

Both Commissioners have proposed a stay of enforcement, acknowledging that the current ban on youth model ATVs and motorcycles means larger and faster adult-size vehicles become likely alternatives for children 12 years of age and younger that as Acting Chairman Nord stated, “increas[e] their risk of injury or death.� Commissioner Moore stated, "There are compelling safety arguments that justify a stay of enforcement."

While we are pleased that both Commissioners recognize the importance of ending the ban on youth model vehicles, we need to review the actual text of the proposed stay. It is also important to note that, even if a stay of enforcement can be implemented by the CPSC, this is not a solution and would only be a temporary reprieve as to the agency's enforcement of the ban. It would not apply to state Attorney Generals or address other unintended consequences of the lead ban.

With today's vote, it is now obvious that the only permanent solution is for Congress to end the ban once and for all by amending the Consumer Product Safety Improvement Act (CPSIA) so parents once again have access to appropriate-sized youth model ATVs and motorcycles for their children.

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 RiderCourse nearest you, visit ATV Safety Institute and click on "Online Enrollment" or call (800) 887-2887.

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.

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 Motors Corp., U.S.A., Polaris Industries, Inc. and Yamaha Motor Corporation.