Lead ban legislation introduced

From the American Motorcyclist Association

PICKERINGTON, OH -- With the deadline fast approaching that would effectively ban the sale of kids' dirtbikes and all-terrain vehicles (ATVs), U.S. Rep. Denny Rehberg (R-Mont.) has introduced legislation to end the ban, the American Motorcyclist Association (AMA) reports.

On Tuesday, Rehberg introduced H.R. 412, the Kids Just Want to Ride Act, which would exempt kids' off-highway vehicles (OHVs) from the Consumer Product Safety Improvement Act (CPSIA) of 2008 that effectively bans their sale beginning May 1.

"Here again, a law meant to improve children's safety is actually being enforced in a way that puts kids in more danger than ever, while destroying jobs to boot," Rehberg said. "It's critical that we put to rest any confusion once and for all so kids can just get outside and ride. There's no excuse for continued bungling that only stops kids from using the very youth-sized off-road vehicles that are intended to keep them safe."

Ed Moreland, AMA senior vice president for government relations, thanked Rehberg on behalf of the AMA and the All-Terrain Vehicle Association (ATVA), which is the AMA's sister organization.

"This is the most promising and viable legislative remedy available to permanently exclude kid-sized motorcycles and ATVs from the deleterious and unintended consequences of the CPSIA," Moreland said. "We also want to thank the many thousands of AMA and ATVA members who have answered the call from the beginning to urge their lawmakers to exempt kids' OHVs from the lead law. Now, we need a renewed push because time is running out."

The CPSIA bans the making, importing, distributing or selling of any product intended for children 12 and under that contains more than a specified amount of lead in any accessible part. Aimed at children's toys, the law also ensnared kids' dirtbikes and ATVs because trace levels of lead can be found in parts such as batteries and brake calipers.

The law also requires all children's products to undergo periodic testing by independent laboratories approved by the Consumer Product Safety Commission (CPSC), which is responsible for implementing out the CPSIA.

On May 1, 2009, the CPSC delayed enforcement of the lead-limit portion of the law until May 1, 2011 to, among other things, give vehicle makers time to figure out ways to ensure their products comply with the law.

Even though the lead-limit portion of the law isn't being enforced, many dealers are no longer selling kid-sized OHVs and half of the major ATV manufacturers are no longer selling machines for kids because of uncertainty surrounding the CPSIA.