House and Senate Pass Legislation to "Fix" Lead Ban Issue Regarding Youth OHVs

The Recreation HQ wants to congratulate all the groups including the AMA and MIC who worked hard on legislative efforts over the last two years to get the now infamous “lead ban on youth OHV” corrected.


Article about House and Senate Approved Lead Ban Fix (quotes from AMA and MIC)
http://www.examiner.com/motorcycles-in-national/lead-law-repeal-moves-quickly-to-the-president

Even HQ weighed in from time to time with “lead alerts” to help support ongoing grassroots efforts so kids could ride youth-size OHV again.

April 5, 2011 HQ Lead Alert
http://thegeneralsrecreationden.blogspot.com/2011/04/hq-action-alert-call-senate-to-stop-ban.html

HQ wants to thank all you riders who took time to fill out petitions and make phone calls. Your efforts did make a difference!

HQ ACTION ALERT - Call Senate to Stop the Ban on Youth Sized OHVs

HELP STOP THE BAN ON YOUTH SIZED OHVS

HQ wants to issue an action alert regarding the lead ban issue for youth sized OHVs. Many of you got alerts from AMA and others last week about Senate Amendment 264 to Senate Bill S. 493.

April 1 Article on SA 264 and Lead Ban Issue Update
http://www.motorcyclistonline.com/newsandupdates/motorcycle_news/122_1104_new_senate_amendment_to_end_ban_on_youth_recreational_vehicles/index.html

March 28 MIC News Release
http://www.mic.org/news032811.cfm

Within that article is an AMA alert where they direct you (and make it easy) to call the office of your U.S. Senator.  The MIC News Release has action links as well.

AMA Alert Link (with talking points and phone numbers)
http://www.capwiz.com/amacycle/callalert/index.tt?alertid=39140501&type=CO

HQ believes it is critically important to make those two phone calls. HQ already made its calls to Senators Boxer and Feinstein. Depending on how busy the office is you may get a staffer or the answering machine.

Some of you may think it may be a waste of time. WRONG! In CA, both senators have worked with the OHV community on a number of land-use bills and we encourage you to call regardless of what state you live in or what party your senator belongs to - please make those calls today. Also, forward to your email network. Let’s get the kids riding again

HQ ACTION ALERT - Send Letter to Congress Urging Them to Lift the Ban on Youth OHVs

STOP What You Are Doing and SEND Letter NOW

Since early in 2009, the Recreation HQ has posted a number of blogs regarding the functional ban by government agencies on the sale of youth sized OHVs. Fortunately, the Motorcycle Industry Council has been at the forefront of an effective national campaign to have Congress resolve this issue.

Currently, there is a bill in Congress - H.R. 412 - that offers a legislative fix to this mess. This ban has not only hurt families who like to ride together but it has been a contributing factor to many dealerships going out-of-business.

Please take a few minutes to watch the video and then click on the email link to send a letter to Congress urging them to solve this issue.

I sent my letter in this morning just before posting this blog. HQ urges you to send a letter as well and forward this alert to your entire email network.

MIC Action Alert with Video and Letter Link Urging Congress to Lift the Ban on Youth Sized OHVs
http://online2.mic.org/mic/

BRC Action Alert on National Effort to Lift the Ban on Youth Sized OHVs
http://www.sharetrails.org/alerts/?alert=1301

News Article about Lifting the Ban
http://motorsportsnewswire.wordpress.com/2011/02/14/the-final-push-to-stop-the-ban-on-youth-motorcycles-and-atvs-begins-this-week-0214111/

Thanks for taking time to help urge Congress to lift the ban on small OHVs.

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

# # #

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

###

Ask Congress to Support H.R. 968 to Address CPSC Ban of Youth OHVs

The General has a favorite saying regarding federal regulations pertaining to OHV recreation and that motto is: “All land-use [including CPSC’s ban] decisions are political decisions.”

Unfortunately, the CPSC’s reluctance to use common sense and issue a stay on its ban on youth-OHVs has proved that theory. Since it is now a political issue, users must turn to Congress for help with a political solution.

The good news is that many of you have written, or made personal visits, to your Member of Congress asking for help.

Because of your letters and phone calls, Congressman John Shadegg has sponsored H.R 968 to address CPSC’s refusal to grant a stay.

The General is asking all of his troops nationwide to contact their Member of Congress and ask them to support Congressman Shadegg (see text of email below) and join with Congressman Herger and other representatives and co-sponsor H.R. 968

Go to Cong. Shadegg's Website and click on the "Sponsored legislation" link

http://johnshadegg.house.gov/Legislation/

H.R.968 Title: To amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses. Sponsor: Rep Shadegg, John B. [AZ-3] (introduced 2/10/2009) Cosponsors (19) Related Bills: S.374 Latest Major Action: 2/10/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.
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Text of Legislation
CRS Summary
Major Congressional Actions All Congressional Actions All Congressional Actions with Amendments With links to Congressional Record pages, votes,reports
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Committees
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THOMAS Home Contact Accessibility Legal FirstGov

Letter to Don Amador from Congressman Herger:

March 10, 2009



Dear Don,

Thank you for contacting me to express your concerns regarding the Consumer Product Safety Improvement Act (CPSIA) and its inadvertent ban on the sale of youth model off-highway vehicles (OHVs). I appreciate hearing from you and while the safety of consumer products - especially those intended for children - is of the utmost priority, please know that I share your concerns on this issue.

Off-highway vehicle use is a popular and important recreational activity enjoyed by all ages, particularly in our Northern California area. For this reason, I joined several of my Western colleagues in Congress in sending a letter to the Consumer Product Safety Commission (CPSC) to express our support for the petition filed by the powersports industry requesting temporary exclusions under this regulation. I have attached a copy of that letter for your review. Unfortunately, the CPSC did not grant this stay by the February 10th effective date.

However, I will continue to closely monitor this issue and will keep your views in my mind as I do so. I also intend to cosponsor H.R. 968, a bill introduced by Rep. Shadegg to amend the CPSIA in order to address these and other unintended consequences of the law.

Again, thank you for taking the time to share your thoughts with me. Please don't hesitate to do so in the future regarding this or any other federal issue important to you. In addition, I would like to invite you to visit my website at www.house.gov/herger where you can find additional information on my position on a variety of issues and sign up for occasional email updates on various federal issues.


Sincerely, WALLY HERGER

Member of Congress


The General asks you to do this today!!!

To find your representative use BRC's Rapid Response Center

and type in Zip Code

http://www.sharetrails.org/rapid_response/

Thanks for your service.

# # #

People Banging Trash Can Lids to Protest CPSC Ban on Youth OHVs

I read in the VOICES Section of the March 11, 2009 issue of CycleNews
where SF Bay Area OHV advocate, Dave Duffin, said he was ready to
start banging an old metal trash-can lid so Congress will hear our voices on
the absurd and hurtful CPSC ban on youth OHVs (and snowmobiles).

Good news for Mr. Duffin, a loud national outcry IS arising from the grassroots and they are mad as hell and are not going to take it any longer. The General visited a local KTM dealer
last week and he said that it is hurting his business and making his customers
mad.

Based on numerous recent letters from Congress to the CPSC and requests
for hearings on this issue, I would say that Congress and the media are hearing
from thousands of motocross/trail moms, angry dads, distraught OHV dealers,
and discouraged young riders.


Our friends at the MIC have a very cool Website and letter program set up. It has
specific letters tailored for the various stakeholders including riders, dealers, and families to send in. Go there TODAY and send new letters to Congressional Committees and the CPSC.

The General has already sent email letters and also printed off hard copies and placed them in the mail today.

BRC’s March 9 “Lead Alert”
http://www.sharetrails.org/alerts/?alert=959

MIC's "Stop the Ban" Letter Generator and Info Site:

http://www.mic.org/stoptheban.cfm

Congressman John Dingell’s Letter to CPSC
http://www.house.gov/apps/list/press/mi15_dingell/090305CPSC.shtml

BRC's News Release with Link to Congressman Simpson's Letter to Chairman Waxmanhttp://www.sharetrails.org/releases/media/?story=636

Congressman Duncan Hunter's Letter to CPSChttp://www.sharetrails.org/uploads/CPSC_Cong_Hunter_March_2_Letter.pdf

Western Caucus Letter

http://www.sharetrails.org/uploads/CPSC_Western_Caucus_Letter_Feb_6_20090001.pdf

State Representative Tom Self's Website

http://www.tomself.com/

Go forth and write! That’s an Order

-- The General

Congressman Mike Simpson Joins CPSC Fight

Idaho Congressman Mike Simpson recently joined the growing
national movement against the CPSC’s current ban on youth
OHVs. His interest in this issue and request for a hearing adds
considerable weight to the ongoing efforts by Congress, OHV dealers,

grassroots, national OHV organizations, Western Caucus, MIC, and State Senator Tom Self to have the CPSC resolve this crisis PDQ.

BRC News Alert on Cong. Simpson
http://www.sharetrails.org/alerts/?alert=951

Simpson’s March 4 Letter to Chairman Waxman Asking for a Hearing
http://www.sharetrails.org/uploads/Letter_to_Chairman_Waxman_re_CPSIA.pdf

Western Caucus Letter to CPSC
http://www.sharetrails.org/uploads/CPSC_Western_Caucus_Letter_Feb_6_20090001.pdf

The General thanks his readers for their continued efforts on this issue.

# # #

Continue Fight Against CPSC Ban on Youth OHVs

OHV families and dealers got hit hard on Feb. 10 with a "ban" on the sale of youth OHVs. Many riders and shop owners could not believe that their government would want to put them out of business.

However, don't think your letters and visits to congressional district offices did not matter - they did. A number of congressional members issued strong letters of opposition to the CPSC or introduced legislation such as Sen. Jim DeMint's S.374. Be assured the national OHV groups have this high on their radar screen and will continue efforts as well. They continue to need the grassroots support and effort.

We may have lost round one with the Feb. 10 ban, but we have several more rounds to go. Please continue to make those personal visits to congressional district offices. Also SEND letters to Congress using the BlueRibbon Coalition's

BRC Rapid Response Center (just type in ZIP code and cut and paste letter)

http://www.sharetrails.org/rapid_response/

Send letters to the CPSC

http://www.cpsc.gov/cgibin/info.aspx

SAMPLE LETTER BELOW:

As a member of the OHV community, I want to voice my continued support for petitions filed by the Motorcycle Industry Council and Specialty Vehicle Institute of America to seek emergency relief from provisions that went 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,

You can also go to Missouri State Representative Tom Self's website and send a letter as well.

http://www.tomself.com/

The General sent letters today using both services and he asks you to do the same. Also, fwd to other OHV users and dealers.

The General Thanks You for for Your Service!!!