Stop the Ban on Youth Bikes and ATVs

When the Consumer Product Safety Improvement Act’s (CPSIA) new lead standard took effect in February 2009, all youth models of ATVs and dirt bikes designed and intended primarily for children 6 to 12 years of age became classified as banned hazardous substances because some components in these ATVs and dirt bikes – such as valve stems on tires, aluminum in brake components, and terminals on batteries – contain small quantities of lead, either for safety or functionality. This lead poses no risk for kids.

In January 2009, the ATV and dirt bike industries filed a petition with the Consumer Product Safety Commission (CPSC) requesting that their products be excluded from these new lead content provisions, hoping that common sense would prevail in cases like theirs, where scientific evidence shows there will be no increase in a child’s blood lead level from exposure to their products.

CPSC rejected the ATV and dirt bike industries’ petition because they believed the CPSIA requires the rejection of a petition if a child could absorb “any” lead, even if there is no health risk to the child.

In March 2009, some members of Congress introduced bills to alleviate this problem, though action has not been taken yet.

In the U.S. Senate, Sen. Jon Tester, D-Mont., introduced S. 608, which would amend the CPSIA to exclude secondary sales, repair services and certain vehicles, including youth ATVs and dirt bikes, from the ban on lead in children's products.

In the U.S. House of Representatives, Reps. Denny Rehberg, R-Mont., Michael Burgess, R-Texas, Earl Pomeroy, D-N.D., and Mike Simpson, R-Idaho, introduced H.R. 1587 to amend the lead prohibition provisions of the CPSIA to provide an exemption for certain off-highway vehicles, along with other purposes.

In May 2009, in an effort to bring relief to the ATV and dirt bike industries, CPSC issued a stay of enforcement for the new lead standard that was specific to these industries. However, no stay will provide the ATV and dirt bike industry complete relief because – absent an exclusion or additional flexibility – CPSC does not have the power to change the lead content requirements or their applicability to our products.

On January 15, 2010, CPSC submitted a report to Congress recommending that Congress should give them more flexibility to grant exclusions from the lead standard. Furthermore, all five CPSC Commissioners specifically mention ATVs and dirt bikes when they asked for further flexibility because they recognize the dangers to riders caused by the current ban on youth ATVs and dirt bikes.

CPSC has sent the right message to Congress to help stop the ban. It is clear that the only way for our industry to obtain permanent and complete relief is through Congressional action.

Now it’s up to you to finish the job by contacting your members of Congress and the appropriate committee members via www.StopTheBanNow.com.

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