Update on Youth OHV Lead Issue

Hey guys… good to be back. One of the questions that I fielded during my leave was for an update on the OHV lead issue. As most of you know, there are two remedies underway.

One – The second CPSC commissioner cast his vote on April 17 in favor of a stay of enforcement of the ban. The General agrees with MIC Counsel

MIC News Release
http://www.mic.org/news041709.cfm

that at best this would be only an interim solution which still may not “fix” the problem. There is a school of thought in the OHV community that a stay of enforcement would not prevent a lawsuit brought by an overzealous anti-OHV group, a state attorney general, or some other interest that has a political agenda guised as concern for public health.

I believe just such an example exists at Clear Creek where you have an agency that initially stated to OHV groups that the reason they were closing Clear Creek was because they “had been threatened” with a “health-related” lawsuit. Since there is not one documented case of mesothelioma from naturally occurring asbestos (the kind that is at Clear Creek) one might draw the conclusion that because there are cases of lead poisoning (i.e. eating old lead paint chips, etc -- and not from eating dirt bike parts!) that we could see a flood of public-interest lawsuits filed if the “Youth OHV” tenets of CPSIA are not enforced.

Two – For some time, The General has been asking his troops to support a legislative fix to this crisis. In the Senate there is S. 608 and in the House of Representatives there is H.R. 1587. Continue to ask your Member of Congress to support those efforts to find a permanent fix to this grossly unfortunate situation.

The saga continues…

Send Letters Supporting S. 608 to Fix CPSC Lead Ban

As the General told you last Wed. (March 18), there are both
Democrats and Republicans working on a congressional fix
to the CPSC ban on the sale of youth OHVs and related parts.

Over the last few weeks, there has been a number of House
and Senate bills (HR 968, etc.) offered to help fix the problem.
Some of you have asked why we need “another bill/fix?”

That is a good question. In the legislative process it is not uncommon
for a bill to be introduced and then blended into a similar bill or legislative
process. That is what is happening here.

Senator Jon Tester (D-MT) has introduced S. 608 and now we are asking you
to use MIC/ARRA’s website/letter generator to contact the Senate Commerce
Science and Transportation Committee and ask them to support S. 608.

MIC/ARRA letter generator
http://www.mic.org/letters.cfm

To read about Sen. Tester’s “Dirt-Bike Bill” go to:
http://tester.senate.gov/Newsroom/pr_031609_dirt-bike.cfm

Sending in letters today and getting your friends to do the same is the most important
thing you can do this week!!! The General has already sent his letters in.

Stay tuned for a similar effort soon on H.R. 1587.

Thanks for your service.

The General

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Congressional Fix is Only Solution to CPSC Ban of OHVs

The General agrees with the National Association of Manufacturers and their March 24 letter which describes the fiscal impacts of the CPSC ban on OHVs sales, and other products. They too call for a Congressional fix.

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Click on Dear Colleague Letter to the right to

expand it.

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NAM March 24 Letter
http://www.reliableplant.com/article.aspx?articleid=16672&pagetitle=NAM+calls+for+action+to+fix+new+product+safety+law

Currently various bills (H.R. 968, etc.) designed to fix the problem are making their way through Congress. However, it appears that a rather new bill H.R. 1587 (the Dirt-Bike Bill) may be our best chance to get a resolution to the OHV crisis. I continue to believe it was Congress that gave us a well-intended law that was filled with ambiguity which ultimately lead to unintended consequences such as the banning many legitimate “non-toy” products. (see Dear Colleague letter posted with blog)

Stay tuned as you may be asked to contact your local Member of Congress and ask them to co-sponsor H.R. 1587.

Thanks for staying engaged!!!

The General

CPSC Cat Fight - Dueling Commissioners

As a former Chairman of the Off-Highway Motor Vehicle Recreation Commission at California State Parks (circa 1994-2000), I have been a witness to a ‘dueling commission.” In that case, it was often pro-access commissioners trying to defeat anti-OHV commissioners’ efforts to defund Forest Service and BLM trail projects between the years of 2000-2008.

In the case of the CPSC, it appears the 2 current members of the commission (they are waiting for a 3 member) are engaged in some sort of cat fight. In a March 20 letter to Congressman John Dingell, Commissioner Nancy Nord sends a 24 page document that offers suggestions upon which Congress could take immediate action;

Commissioner Nancy Nord’s 24 Page Letter
http://www.cpsc.gov/about/cpsia/dingell032009.pdf

In an apparent response to the Nord letter, Commissioner Thomas Moore sends a 2 page letter that basically states the Commission (once a 3rd member is added) is best suited
to address the flaws and/or find solutions.

Commissioner Moore’s 2 Page Letter
http://www.cpsc.gov/about/cpsia/dingell032009a.pdf

Having read both letters, The General asks the question…”Is the OHV community and American public best served by supporting the ongoing efforts by Congress to address the functional ban of youth-OHVs or are we better waiting for an un-elected government body to decide our future?"

If you use the 2000-2008 OHMVR Commission as an example… the answer would be a clear NO!!!

However, given how slowly Congress acts on some issues… our children would be old and gray before the youth-OHV ban was overturned.

At this point, I am leaning towards giving the pro-access DEMS and GOPers in Congress the chance to address the unintended consequences of their 2008 legislation.

In the meantime, be sure and check the MIC website for daily updates on what you can do to help overturn the ban.

MIC OHV Ban Website
http://www.mic.org/

Also, speaking of the CA OHV Commission - ck out their letter to the CPSC on the issue - Thanks

OHV Commission!!!

http://www.sharetrails.org/uploads/CPSC_Letter_03.18.09_Lead.pdf

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ON ANY THURSDAY - Malcolm Smith's Protest

Those of us in the off-road world already know Malcolm as the racing and film legend that he is. We all remember watching him ride in “On Any Sunday.” For many off-roaders that movie was the driving force for them to get into motorcycle riding or competitive racing.

On March 19, 2009 Malcolm Smith became the star of another achievement. By holding a rally and defying the CPSC ban on the sale of youth OHVs he will be also known as the driving force of…”On Any Thursday.”

Dirt Rider Mag Article on Event
http://blogs.dirtrider.com/6491556/editorial/malcolm-smith-s-cpsia-federal-offense/index.html

Great Photos from Carlos Aguirre (Thanks Carlos!!!) of Malcolm Event

http://motography.smugmug.com/gallery/7665496_8cVgT#494851525_DvDyJ

AMA Article on Malcolm Event

http://www.amadirectlink.com/news/story.asp?id=747

Overlawyered Article on Event
http://overlawyered.com/2009/03/cpsia-a-season-of-activism/

Cool Video of Josh Cerne (a young racer) Asking Folks to Save the Sport
http://www.youtube.com/watch?v=8ISeSAyFMj8

As you know, the decision to engage in civil disobedience is a decision that only can be
made by the person who is defying the law. It is a deeply personal decision that must be respected.

As Congress works on legislative fixes to the current ban and to honor Malcolm’s decision, The General is asking riders to continue to pressure your elected officials to help bring a quick end to what has become a national disgrace.

Continue to monitor and use the MIC’s “Stop the Ban” Website
http://www.mic.org/stoptheban.cfm

Also, watch for alerts from other groups such as AMA and BRC.

Thanks for your service!

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