Civil Disobedience and the CPSC Ban on Youth OHVs

Last week, The General wrote about riders and dealers who are “mad as hell” regarding the CPSC’s current ban on the sale of youth-OHVs. Those angry folks have been “banging trash can lids” loudly so that Congress, the Obama Administration, and the CPSC will hear them from miles away.

Dems and GOPers in Congress are working on H.R. 968 to address the impacts to OHV sales as well as Senator Tester and Representative Rehberg with the introduction of their “dirt bike” bill this week:
http://www.powersportsbusiness.com/output.cfm?ID=2075923

Senator Tester’s Website on Dirt Bike Bill
http://tester.senate.gov/Newsroom/pr_031609_dirt-bike.cfm


One of those folks who have been banging the drums at 104 dBA is off-road hero, Malcolm Smith. Malcolm is planning a protest on Thursday March 19 at his Riverside dealership.

Malcolm’s Event
http://kidslove2ride.com/

USA Today Article on Malcolm's Event

http://www.usatoday.com/news/nation/2009-03-18-motorcycle-kids_N.htm

Malcolm is actually taking his protest to a higher level by planning to sell the currently banned OHVs to various racing legends and other celebrities. This is an act of civil disobedience and it has a long history in America’s political process.

Being a veteran of the private property wars, the timber wars, the roadless wars, the Klamath water war, and the OHV commission war that defunded trail monies to the FS and BLM for almost 8 years, The General’s view is that the decision to engage in civil disobedience is an extremely personal choice.

That decision can make them a target for overzealous federal agencies who may decide to target them to make an “example” out of them. In addition, the court system is not geared to protect conservative values or issues and a family can face fiscal hardships fighting the federal government.

The General (or anybody for that matter) cannot tell somebody like Malcolm or other dealerships when it is an appropriate time to employ civil disobedience to address ill-conceived government regulations that will put you out of business.

Factors such as the status of pending congressional actions to fix the problem, support from local elected officials for the event, being drowned out by other more pressing media issues, agency relief, or pending court action must be considered.

In the final analysis, it remains a deeply personal decision that must be respected.

Man-Up CPSC

The General has been following this issue since January 26 and has been asking the troops to send letters, make phone calls, and visit the local office of your Member of Congress.

Some people say that “one person cannot make a difference.” I disagree with that statement since I have seen “one person” make a huge difference to effect positive change. However, you can be assured that when hundreds of thousands of businessmen, riders, motocross moms, and proud dads cry foul and make their voices heard in DC (and in the media) that entrenched bureaucrats do listen and can be encouraged to make a better decision or to rethink a current stance.

Up until just a few days ago, it was The General’s impression that the CPSC was going
to stiff-arm the OHV community and make us wait for the 2-3 year rulemaking process
to finish before issuing a variance for youth OHVs. However, based on the quotes below from a recent news article, the CPSC now appears willing to find a solution in a “few weeks” rather than in months or years.

Below are quotes from a CPSC spokesperson in a Feb. 22 news article:
http://www.fwdailynews.com/index.php?option=com_content&view=article&id=1596:-New-federal-lead-law-puts-the-brakes-on-kids%E2%80%99-powersports&catid=174:features&Itemid=151

…“We are in receipt of the (powersports) petition, but we are not able to grant an exemption at this time because of the way the CSPC operates,” Hayes-Pleasant said. “We are working on it, though, and plan to provide some guidance in the very near future. We do realize that (children) are not directly mouthing these parts (on youth powersports vehicles). The last thing we want to do is take ATVs away from young riders.”

The “guidance” will take a few weeks, “not months,” Hayes-Pleasant said. However, she could not say whether that guidance will come in time for the national Motocross competitions next month. In the meantime the CSPC is advising powersports suppliers and sellers to move and store the affected equipment in an area away from children, but not to get rid of it before the commission comes up with the new guidance…

My final thought for today is that a common thread is running through feedback from the CPSC -- they appear to blame Congress for writing a bad law. While there may be some merit to that concept, the CPSC should “man up” and confess THEY did a darn poor job in issuing the appropriate interim exemptions while the rulemaking process is underway so the powersports industry and OHV recreationists are not hurt or put out of business. If the CPSC really wants to

do the right thing, they won't wait for a few weeks --they will grant a stay on Monday Feb. 23.

KEEP SENDING LETTERS AND MAKE THOSE VISITS TO YOUR MEMBER OF CONGRESS – This is no time to let up!!!

Grassroots Push Back Against CPSC OHV Ban Continues to Grow

The nationwide grassroots effort appears to be growing as more
riders, shop owners, and parents (i.e. voters) are sending letters
to the CPSC and Congress demanding action to reverse what is
a functional ban on youth OHVs for use by children under the age
of 12.

I have not seen such pushback from the public on any issue since
the Clinton/Gore Roadless Plan in the late 1990s.

Continue the pressure – keep sending letters and schedule a meeting with your own Member of Congress. Take a local OHV dealer with you and ask your representative for help.

Below is a news article today from WND with quotes or info
from BRC and ARRA.
http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=89516

Here is an article from PA – CPSC hurts business (and kids)
http://www.standard-journal.com/articles/2009/02/21/news/doc499fa03f83d99854121444.txt

Feb. 19 BRC Letter to CPSC

http://www.sharetrails.org/uploads/BRC_Letter_to_CPSC_02.19.09_FINAL.pdf

Motorcycle-USA Video Interview with MIC on Lead Issue

http://www.motorcycle-usa.com:80/669/2590/Motorcycle-Article/Lead-Ban-Video-Explanation.aspx

Keep up the good work!

Stay on Offense Regarding CPSC Ban of Youth OHVs

The General asks you to keep the pressure up on the CPSC
to grant the petitions of the Motorcycle Industry Council
And Specialty Vehicle Institute of America for emergency
relief. Family OHV recreation, dealers, and youth OHV events are
being negatively impacted.

Even though the official public comment period has ended for
the CPSC’s Rulemaking process that will consider permanent
exclusions for youth OHVs, riders and dealers must keep the pressure on the CPSC to grant the MIC’s request for temporary exclusions.

Also, you must continue to make appointments and/or personal
phone calls to your Member of Congress regardless of party affiliation.
I salute those who made those visits such as Pacific Motorsports – a Honda
and Yamaha dealer – in Eureka, California. They visited the local office of
Congressman Mike Thompson (D-Napa) and requested his assistance.

Such efforts resulted in a February 6, 2009 letter from 6 Members of
the Western Caucus to the CPSC asking them to grant the Industry’s petition
for emergency relief.

This is truly one time when YOU are making a difference. Stay on
offense.

See several news links below – your collective voice is being heard.
Also, you can send a letter via a number of ongoing efforts.

BRC Feb. 19 Alert (also see Feb. 19 BRC letter and Western Caucus letter)
http://www.sharetrails.org/

Senator Tom Self’s Website
http://www.tomself.com/
*Send this guy a big thank you!

ARRA Letter

http://www.arra-access.com/arra/home.html

AMA Letter and Alert
http://www.amadirectlink.com/news/story.asp?id=629

Editorial by John Stewart - 4x4 Wire

http://www.4x4wire.com:80/index.php?option=com_content&view=article&id=483:get-the-lead-out&catid=56:4x4-access-view&Itemid=86

Feb 18 News Article with Video on this issue
http://www.newschannel10.com/Global/story.asp?S=9868087

MSNBC Story
http://www.msnbc.msn.com/id/29236051/

FOX News
http://www.foxnews.com/wires/2009Feb15/0,4670,MotorcyclesLeadBan,00.html

Other groups and websites have ongoing email and/or letter
writing efforts as well.

Thanks for your service!

The General

So Long Dirt-Bike Kids - Not If We Can Help It!!!

*Photo is of a "Dirt-Bike Kid" who came over to

an OHV sound check station to get tested... cool thing was he did this on his own.

An article “So Long, Dirt-Bike Kids” was published recently http://wheels.blogs.nytimes.com/2009/02/05/dirt-bikes/

I believe it shows the bias of the so-called “mainstream” media to
target activities that it/they deem unworthy. When I was young,
I was one of those dirt-bike kids. Also, so were my two sons.

My nieces and nephews were dirt-bike kids. My wife’s cousin has

dirt-bike and ATV kids. My nephew’s two sons are dirt-bike kids

too. A lot of this nation’s youth are dirt-bike kids.

I draw your attention to a Wall Street Journal editorial that notes how

dirt-bikes were “highlighted” by the NYT while it failed to mention

how the lead ban impacts everything from ball-point pens to comic books.

WSJ Article
http://overlawyered.com/2009/02/cpsia-chronicles-february-6/comment-page-1/

Also, ck out article on impacts to dealers

http://www.wctv.tv/news/headlines/39229887.html

DR Mag on the Issue

http://blogs.dirtrider.com/6424265/editorial/dirt-bikes-for-kids-soon-to-be-illegal/index.html

The General continues to ask the troops to keep sending letters in, make phone calls, and
never give up! Too much is at stake. (see blogs below for sample letter, etc.)

Congress is Hearing Your Voice on Youth OHV Ban

Congress is hearing your collective voice regarding the Feb. 10 nationwide ban of youth OHVs. Senator Jim DeMint has introduced legislation S374 to address the issue
http://demint.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=47f5e571-e91a-1938-714d-890052de9195&Month=2&Year=2009

NAM placed an ad on THE HILL that talks about the many businesses that will be impacted by CPSC’s ban. See article:
http://www.earthtimes.org/articles/show/business-community-urgently-calls-on,704940.shtml

Here is the ad.
http://www.bracewellgiuliani.info/nam/

AMA has written a letter:
http://www.amadirectlink.com/news/story.asp?id=595


This crisis for the OHV community is not over!!! Please continue to make personal visits to your Member of Congress and thanks to all of you who have made those visits or written a letter.

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:http://www.cyclenews.com/ShowStory.asp?HeadlineID=13413

NAM Letter
http://www.sharetrails.org/files/CPSC-NAM-Request-for-Emergency-Stay.pdf

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.

Sincerely,

Motorcycle Shop Owners Worried About Lead Ban

It appears that more users and shop owners are becoming aware of the Feb. 10 BAN on youth

OHVs. The General continues to urge riders and dealers to visit the office of their Member of Congress - TODAY. I think a lot of folks are slowly coming to the realization of just how great an impact this BAN will have on business owners and family OHVers.

Here is a news article on this issue:

http://www.stjoenews.net/news/2009/feb/04/some-frustrated-lead-mandates/?print

For info on how to send letters... see info below in yesterday's blog.

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:
http://www.motorcycle-usa.com/5/2382/Motorcycle-Article/Lead-Ban-Stops-Youth-ATV-and-Motorcycle-Sales.aspx

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:
http://www.cyclenews.com/ShowStory.asp?HeadlineID=13413

NAM Letter

http://www.sharetrails.org/files/CPSC-NAM-Request-for-Emergency-Stay.pdf

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.


Sincerely,