Tuesday, February 3, 2009

Update on CPSC Youth OHV Ban - Two Issues

This “Youth Ban” on OHVs is a complicated issue and actually has (at least) two parts.

The ATV specific provision mandates manufacturing to the ANSI/SVIA standard by 4/13/09. That does not appear to be a concern, since many OHVs already meet that standard.

What does appear to be the issue is the lead content provisions that apply to ALL products primarily intended for youth age 12 or younger. I believe those concerns have been articulated in the MIC’s petition for a stay.

Unfortunately, CPSC's action on Friday to stay enforcement of some provisions of the ban is not nearly as good news as it seemed to some of us.
The CPSC actually provided no relief to the Industry or to families who want to purchase those products.

Effective February 10, powersports companies and dealers will be prohibited from selling products intended primarily for youth age 12 and under with lead content in excess of the limits – period end of subject!. The CPSC action only stays the testing and certification requirements. I don’t think the CPSC intended to target some motorcycle/ATV parts that contain lead in excess of the limits, such as brake levers, engines and suspensions, since they do not present a risk to children in the real world. Lead in these components is necessary, either for safety or in the case of facilitating the machining of tire valves, critical to assuring tire air retention, or for functionality, such as the lead in battery terminals, which is needed to conduct electricity.

Please continue to urge CPSC and Congress to grant pending petitions by MIC, SVIA and member companies or to extend the effective date of the lead content limits.

Motorcycle-USA had a great article on this issue:

CPSC Comment Pagehttp://www.cpsc.gov/cgibin/info.aspx

BRC Rapid Response Center to contact the White House and your Congressional Memberhttp://www.sharetrails.org/rapid_response/

MIC News Release on Issue:http://www.mic.org/news012609.cfm
Honda Letter to Dealers:
NAM Letter

Sample "Cut and Paste" 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 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.


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