CPSC poised to delay enforcement of law

From the American Motorcyclist Association

PICKERINGTON, OH -- The Consumer Product Safety Commission (CPSC) has voted to deny a petition to exclude youth-model motorcycles and ATVs from a law that bans their sale because of possible lead concerns but has cleared the way for a second vote by month's end to delay enforcement of the law, the American Motorcyclist Association (AMA) reports.

Because both members of the commission have said they favour a stay of enforcement, the move almost certainly will stay the execution of parts of the Consumer Product Safety Improvement Act (CPSIA) within the agency. Last Friday, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011. A planned second vote on that timeframe was expected by the end of April.

In addition, it's not clear whether state attorneys general, who are also charged with enforcing the law, will also stand down.

"Clearly this latest move shows that the CPSC realizes that youth-model motorcycles and ATVs have no business getting caught up in a law aimed at children's toys," said Ed Moreland, the AMA's vice president for government relations. "We're heartened that both commissioners favour a stay of enforcement, and it appears that this could clear the way for dealers to sell youth-model motorcycles and ATVs -- an important consideration for riders and motorsports businesses alike as the riding and racing season ramps up.

"However, this vote doesn't solve the larger, long-term issue, which is whether or not youth-model motorcycles and ATVs will be exempted from the CPSIA," Moreland noted. "We believe they should be excluded, and we will continue to work with our partners in the industry and our friends in Congress to make that happen."