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|04-29-2009, 12:48 PM||#23|
Consumer Product Safety Commission set to vote by Friday to postpone enforcement of lead law provisions for youth-model motorcycles and ATVs
PICKERINGTON, Ohio -- Acting Chairwoman Nancy Nord and Commissioner Thomas Moore, the two members of the Consumer Product Safety Commission (CPSC), are scheduled to vote by Friday, May 1, on whether to delay enforcement of a lead law that currently bans the sale of youth-model motorcycles and ATVs, the American Motorcyclist Association (AMA) reports. Specific details of the ballot have not yet been released.
The two commissioners voted earlier this month to deny a petition to exclude youth-model motorcycles and ATVs from the Consumer Product Safety Improvement Act (CPSIA). However, the commissioners indicated their desire to enact a stay of enforcement that would give the motorcycle industry and Congress time to pass legislation exempting these vehicles from the law as it is currently written.
"The effect of denying the petition is to make Section 101(e) of the CPSIA, which limits the commission's authority to stay enforcement during rulemaking, no longer applicable," said Nord on April 3 in her statement on the request for exclusion from lead content limits of the CPSIA of 2008. "Therefore, during the pendency of a stay of enforcement, 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 CPSIA against those who sell them. I hope that the state attorneys general will follow the lead of the agency on this matter."
On April 17, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011.
Despite Nord's statement, 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.
"Even if the CPSC commissioners do approve a stay, the vote won't solve the bigger problem," said Ed Moreland, AMA vice president for government relations. "Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen. We will continue to work with our partners in the industry and our friends in Congress to make certain that it does."
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.
|05-05-2009, 05:46 PM||#24|
Join Date: Jun 2005
Location: In my own little world.
Experience: 10+ years
2015 Xbox One
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WhooHoo! Some good news finally:
|05-06-2009, 09:44 AM||#25|
From a press release issued by AMA:
PICKERINGTON, Ohio -- The Consumer Product Safety Commission (CPSC) has voted to stay enforcement of a lead law 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.
The AMA Government Relations Department is currently examining the 25-page Stay of Enforcement document and will issue more details shortly. It can be viewed by clicking here.
The law in question is the Consumer Product Safety Improvement Act (CPSIA). Designed to protect children from lead in toys that might easily end up in children's mouths, the language of the legislation has ensnared a number of products that have little exposure risk, including youth-model motorcycles and ATVs.
"While we applaud the CPSC commissioners' vote to stay enforcement of the law, this doesn't solve the real issue, which is the law itself," said Ed Moreland, AMA vice president for government relations. "Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen. Hopefully, this stay will give Congress the time it needs to fix this law, and we will continue to work with both legislators and our partners in the industry to make certain that it does."
Moreland added that nearly 80,000 AMA and ATVA (All-Terrain Vehicle Association) members contacted their lawmakers and the CPSC to let them know how they feel. "I'm convinced this helped shape Chairman Nord's and Commissioner Moore's decision to support a moratorium on enforcing the lead law," he said.
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.
"Motorcyclists and ATV riders need to let the Congress know that we are concerned about the law, and that we want kids' OHVs excluded from the law," said Moreland. "We need to continue to let our decision-makers know how we feel."
Riders should contact their federal lawmakers and ask them to support legislation to exempt youth-sized motorcycles and ATVs from the CPSIA by going to the "Rights" and then "Issues and Legislation" section of the AMA website at AmericanMotorcyclist.com.
Also, 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 Jessica Irving, AMA/ATVA grassroots coordinator, at email@example.com.
The CPSIA took effect in February 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.
|05-28-2009, 01:11 PM||#26|
From a press release issued by AMA
American Motorcyclist Association urges state attorneys general to join the Consumer Product Safety Commission in stay of enforcement of lead law
PICKERINGTON, Ohio -- The American Motorcyclist Association (AMA) is asking supporters of off-highway motorcycle or 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 the AMA website at www.AmericanMotorcyclist.com, 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 that is on the site, just click here: http://capwiz.com/amacycle/issues/al...ertid=13394176.
|08-31-2009, 01:47 AM||#28|
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Join Date: Sep 2008
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WOW whats funny is why could they have not thought ahead and excluded common sense ? rather then whole organizations having to exhaust resources for this new self created threat on bikes by the government just for us all to unite and them do what was obvious from the beginning
Come here you little cake eating sieg heil .
|12-18-2009, 10:24 AM||#29|
December 16, 2009 - 06:49 PM
CPSIA Update: Time to Act?
Hope is on the horizon in the CPSIA saga
By: Jean Turner
The good news is that we finally have congress’ attention. The bad news is that our own attention is dwindling.
There hasn’t been much talk in the industry lately about the CPSIA (Consumer Product Safety Improvement Act) that had us all up in arms earlier this year. The dreaded “Lead Law” effectively banned the sale of youth OHVs in the spring of 2009 until the CPSC (Consumer Product Safety Commission) granted us relief in the form of a stay of enforcement. Of course, this was a good thing, but ever since the two-year stay was announced, it seems that the issue dropped off the top of our list of concerns. But this law is still in place and still needs to be changed. The irony of it all is that while we’re losing interest, we finally seem to have the attention of congress. The cry from the OHV industry has been heard in Washington, and if we keep the noise level high, there’s a good chance we can resolve this problem very soon.
Much like how the proverbial Christmas story goes, three signs have come together on the “Lead Law” front, pointing to the past, present and future of the CPSIA. But unlike the ominous nightmares of Ebenezer Scrooge, you’ll be glad to know that these three signs all shed a very positive light on our current situation, and reveal that an imminent resolution may be on the horizon.
We all owe a big thanks to Montana’s Congressman, Denny Rehberg, who squeezed in a very helpful amendment for us this summer. His amendment to the House Financial Services Appropriations Bill – which passed in July 2009 – prevented the CPSC from using its new budget to enforce the Lead Law.
“It’s clear the Consumer Product Safety Commission overstepped the intent of the law,” stated Rehberg, who is also a member of the House Appropriations Committee. “If the Commission is confused about Congressional intent, this legislative directive will clarify the situation for them once and for all.”
In case we lost you there, think of it this way: we’ve smeared plenty of J-B Weld on the allegorical leak. It’s not a permanent solution, but it’s enough to give us some temporary security against the possibility of the stay of enforcement being arbitrarily lifted.
For more information on Rehberg’s amendment, click here.
Last week the final appropriations bill was approved by the Senate and the Conference Report concerning the CPSC contained some encouraging words. It turns out our friends on Capitol Hill have been listening because they made some specific statements about the OHV industry. Namely, they recognize the damaging effects the Lead Law has had on our industry and they go on to encourage the CPSC to work with us.
The text of the CPSC Conference Report reads, “The conferees believe there may be parts of some products subject to the strict lead ban under section 101(a) of the CPSIA that likely were not intended to be included. This includes parts of youth motorized off-road vehicles...
“The conferees urge the CPSC to continue considering exemptions under section 101(b) of the CPSIA for parts of products that, based on the CPSC's determination, present no real risk of lead exposure to children.
“The conferees further encourage the CPSC to continue to work with the off-road vehicle and other industries to reduce lead content in accessible components of all children's products to the greatest extent possible, where complete compliance is deemed not necessary or not feasible by the CPSC.”
Like the aforementioned amendment, it’s not a permanent solution – more of a mere recommendation by Congress to the CPSC to work with our industry in any way possible. There still remains the problem of the frustrating “reverse power struggle” in which the CPSC claims its hands are tied as long as the language of the law remains in tact. But the Senate’s mere mention of our issue is a huge step in the right direction.
“This is the first time I’ve heard anything from congress that said, ‘Yeah, we got a problem here,’” Sean Hilbert of Cobra Motorcycles said today. Hilbert has been on the case from day one, and reported that there hasn’t been much talk on “the Hill” about the Youth Bike Ban... until recently. We finally have the spotlight so it’s time to act.
For more information on the CPSC Conference Report, click here.
The Conference Report set a deadline of January 15, 2010 for the CPSC to send “recommendations for improvement” of the CPSIA to the congress committees involved. This is a potential open door for us to push for an exemption for youth OHVs from the lead restrictions, which brings us to the third hopeful omen on the CPSIA front.
Yesterday the Wall Street Journal reported that Rep. Henry Waxman is working on such a recommendation in the form of an amendment to the House 2010 defense appropriations bill.
If that name rings a bell, it’s because Waxman is one of two California politicians who wrote the original CPSIA (the other is Senator Barbara Boxer). Waxman has previously maintained that the CPSC should resolve the problems left in the wake of the CPSIA on its own – without congressional involvement. But the yesterday’s report indicates that Waxman “apparently has had a change of heart and is now working on a fix for the consumer-product safety law.”
The report goes on to say that “the youth-model all-terrain vehicle industries have been particularly vocal,” and that Waxman’s alleged proposal would “allow the CPSC to exempt a specific product if the agency determines that lead is required for 'functional purpose',” and as long as the product bears a warning label.
The editorial is not based on information directly from Waxman’s office, but cites “several people familiar with his plans.”
To see the full Wall Street Journal story, click here.
The fight is not over yet, so let’s not let this issue slip past our short attention spans. There is hope on the horizon and if we remain vocal about the issue, it’s entirely possible that we can be rid of this damaging “Lead Law” for good. Stay tuned to CycleNews.com for continued updates.
For more information on the fight against the youth bike ban also visit www.MIC.org, www.AmericanMotorcyclist.com, www.SVIA.org and www.CPSC.gov/CPSIA.