Kid ATV and Bikes About to be Banned?

[sr12345]

I came across this story on several sites. Apparently some CPSC lead regulation is going to cause 50cc ATVs to be pulled from the market, until they can get some kind of waiver. Try Googling "youth ATV lead", and you'll find plenty others.

:mad:

http://www.atv.com/news/new-leadcont...atvs-1068.html

http://www.motorcycle-usa.com/5/2382...cle-Sales.aspx

[Lowe & Slow]

Very typical

Yes I agree they should protect our kids from lead poisining with whatever means they have to and should probably ban fishing also because of lead sinkers!!!! this is of course since we as parents have no common sense and with out Gov't intervention have no ability to raise children to adulthood.

Who would be suprised?:eek:

[Dirtofak]

Socialized health care does not allow any dangerous activities. Say goodbye to anything remotely hazardous to your health.

[BEARBOB]

We have gone from where my mon use to throw 8 kids into a car to drive them to the lake to swim, with heaven forbid no seat belts, to what is next, kids having to wear helmets just to play outside.

[Mike Echo]

I doubt

it will seriously affect ATVs. If it had any parts on it kids could eat I wouldn't want it anyway!
But do ya think any kids fishing kit (from a store) will have any sinkers in them anymore??
Mike

[AKDoug]

All 90cc on down ATV's and the kids 120 snowmobiles have been ordered not to be sold after Feb 10. My buddy who owns Alaska Mtn. Magic is pissed because he's sitting on a bunch and has to pay interest on them until they sell....which may be never :mad:

[Mike Echo]

Looks like I was wrong...

How can the CSPS tell us we can only buy 50 & 90 cc bikes for our kids and then outlaw the bikes?
Mike
(getting out the "write a letter" machine)

[brav01]

ATV

The Center for Supplying Preposterious Stupidity can use it's alphabet authority to screw the common people.

BUT, really you guys gotta stop your kids from eating ATVs with fishing weights for desert. LoL !!

It's just another loads of governmental horse muffins.

[sayak]

They don't want anything...

Socialized health care does not allow any dangerous activities. Say goodbye to anything remotely hazardous to your health.

... too happen to future tax payers. They are HOPEing for more CHANGE.

Some of you were not alive in the 60s. You have no idea how hazardous, yet how fun and unrestricted life was back then.

[Mike Echo]

What must be amazing

when (and if) the CSPS folks think about it is that WE SURVIVED!!!!
There is a reason that the "Greatest Generation" was brought up during the depression, and we've been going downhill ever since.
Folks like the CSPS are an indicator of the reason.
Mike

[sr12345]

http://www.cpsc.gov/pr/nord040309exclusions.pdf

U.S. CONSUMER PRODUCT SAFETY COMMISSION
4330 EAST WEST HIGHWAY
BETHESDA, MD 20814
CPSC Hotline: 1-800-638-CPSC (2772) • www.cpsc.gov
STATEMENT OF ACTING CHAIRMAN NANCY NORD
ON THE REQUEST FOR EXCLUSIONS FROM THE LEAD CONTENT LIMITS OF THE CONSUMER
PRODUCT SAFETY IMPROVEMENT ACT OF 2008
April 3, 2009
In considering exclusions, consumer safety must direct the outcome of our deliberations. Therefore, it is
with extreme reluctance that I am voting today to deny the petition, filed by companies and associations
representing the ATV and motorized bike industries, for an exclusion from the lead content limits found in
Section 101 of the Consumer Product Safety Improvements Act (CPSIA). I do this because the clear
language of the law requires this result, not because it advances consumer safety. To the contrary,
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 ATV’s.
For this reason, in my capacity as chairman, I am directing compliance staff to stay enforcement of Section
101 and related provisions of the CPSIA to this category of products for twelve months and hope my
colleague, Commissioner Moore, will join me in making this a unanimous decision by the Commission.
During this time-out, it is my hope that Congress will consider how the law needs to be fine-tuned to address
this serious child safety dilemma. This enforcement hiatus will also give industry the opportunity to examine
what reasonable changes can be made in their products to bring them closer to the requirements Congress set
out in the CPSIA. Staff will meet with industry to do more testing to determine how their products can meet
the 300 ppm threshold Congress set and determine what is possible. I will expect periodic status reports on
progress to this plan.
It is clear that the law does not give the Commission the flexibility to grant an exclusion for petitioners’
products. Congress wrote Section 101(b) in such a way as to leave little discretionary power with the agency
to grant common sense exclusions. This lack of flexibility was brought to the attention of Congressional
staff working on the legislation during the conference process and it was confirmed this is what was
intended. As our career staff has discussed on many occasions and as we now have been formally advised
by staff, we do not have the statutory authority to grant the exclusion requested in this case.
Even though the career staff of the agency has concluded that we cannot grant the exclusion, they have NOT
concluded that petitioners products present a health risk to children because of exposure to lead. To the
contrary, staff states “a bigger safety concern than lead exposure is that the elimination of youth ATV sales
will most likely increase the number of adult ATV’s purchased to be used by younger children; therefore
increasing their risk of injury and death.”
The issues presented to us in the petition are much more complex than just ordering petitioners to “get the
lead out” of their products by a certain date. Petitioners have presented persuasive evidence that lead serves
Page 2
a purpose in the structural integrity of the metals used in the products and that suitable substitutes are not
available. They point out the impracticality of using virgin materials for these products, including issues
dealing with the recycling of metals. They point out that the approach in the CPSIA is contrary to the
approach taken in the rest of the world, e.g. the European Union which has looked at these issues rather
extensively and made allowances. These are all issues that the Commission should have the authority to
consider but under the rigid language of the CPSIA, we cannot.
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. Therefore, during the pendency of a
stay of enforcement, ATV’s and motorized bikes appropriately sized for children twelve 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.
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.

[AKDoug]

Thanks for that link. I am forwarding it to my local A.C. dealer.

[akjw7]

looks like that comission is supposed to have a ballot vote tomorrow on a temporary stay of enforcement action...hopefully they use their heads