CPSC Issues Enforcement Stay

May 5, 2009

By: Joe Delmont

The Consumer Product Safety Commission (CPSC) said today that its two commissioners had voted last Friday to hold off enforcing the lead content provision of certain components in kids’ ATV, dirtbikes and snowmobiles for two years. The provisions were part of the Consumer Product Safety Improvement Act (CPSIA) passed last year. The ban on machines for youths 12 and younger became effective Feb. 10, 2009.

This means that the CPSC won’t enforce the ban on the sale of these machines and related parts, garments and accessories, although it’s unclear exactly what impact this action might have for powersports dealers who have not been selling the banned machines or for manufacturers that have stopped producing and selling kid’s machines. The ban still could be enforced by state attorney generals and other local officials.

Many dealers are selling kid’s machines that have been modified to meet the standard or that have been reclassified as being designed for kids aged 12 and older.


CPSC set to vote by Friday…

April 29, 2009

Consumer Product Safety Commission set to vote by Friday to postpone enforcement of lead law provisions for youth-model motorcycles and ATVs

From the AMA

PICKERINGTON, Ohio — Acting Chairwoman Nancy Nord and Commissioner Thomas Moore, the two members of the Consumer Product Safety Commission (CPSC), are scheduled to vote by Friday, May 1, on whether to delay enforcement of a lead law that currently bans the sale of youth-model motorcycles and ATVs, the American Motorcyclist Association (AMA) reports. Specific details of the ballot have not yet been released.

The two commissioners voted earlier this month to deny a petition to exclude youth-model motorcycles and ATVs from the Consumer Product Safety Improvement Act (CPSIA). However, the commissioners indicated their desire to enact a stay of enforcement that would give the motorcycle industry and Congress time to pass legislation exempting these vehicles from the law as it is currently written.

“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is to make Section 101(e) of the CPSIA, which limits the commission’s authority to stay enforcement during rulemaking, no longer applicable,” said Nord on April 3 in her statement on the request for exclusion from lead content limits of the CPSIA of 2008. “Therefore, during the pendency of a stay of enforcement, ATVs and motorized bikes appropriately sized for children 12 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.”

On April 17, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011.

Despite Nord’s statement, it is unclear whether state attorneys general will also decline to enforce the CPSIA. The sale of youth-model motorcycles and ATVs is still technically illegal. Even though a stay means that dealers would not be subject to fines or penalties imposed by the CPSC, state attorneys general would still be able to prosecute violators if they chose to do so.

“Even if the CPSC commissioners do approve a stay, the vote won’t solve the bigger problem,” said Ed Moreland, AMA vice president for government relations. “Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen. We will continue to work with our partners in the industry and our friends in Congress to make certain that it does.”

About the American Motorcyclist Association
Since 1924, the AMA has promoted and protected the motorcycling lifestyle. AMA members come from all walks of life and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world’s largest motorcycle organization with nearly 300,000 members, the AMA advocates for motorcyclists’ interests in the halls of local, state and federal government, the committees of international governing organizations and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition events than any other organization in the world. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations. For more information, visit www.AmericanMotorcyclist.com .

CPSC moving toward reprieve…

April 17, 2009

CPSC moving toward temporary reprieve for youth-designed ATVs, motorcycles

From Powersports Business
Friday April 17, 2009

Dealers hoping to once again sell youth-designed ATVs and motorcycles in the crucial spring and summer selling seasons received some positive news today from the Consumer Product Safety Commission (CPSC).

The federal government agency said it intends to take steps to provide a temporary stay for youth ATVs and motorcycles that have been banned as a result of the Consumer Product Safety Improvement Act (CPSIA), moving to get them back on showroom floors.

But how soon dealers will be able to sell children-designed vehicles that do not meet the lead standards of the CPSIA is still a question.

CPSC Chairman Nancy Nord, in concert with CPSC’s other commissioner, is directing the federal agency’s staff to create a vote to allow a stay for such vehicles that were manufactured both before Feb. 10 and up to May 1, 2011. The stay would extend to replacement parts for the vehicles, provided those parts do not have a higher lead content than the originally installed parts.

The vote, which would be taken by the two CPSC commissioners, is expected to occur in the next week.

However, Joe Martyak, acting director of Public Affairs for the CPSC, noted the CPSC chairman’s statement, announced today, immediately sends a message to the federal agency’s staff not to enforce any penalty against selling youth-designed ATVs and motorcycles.

“The provision is still there and if they (dealers) sell one and it’s over the lead law, yes, it’s breaking the law,” he said. “But we’re saying we’re exercising enforcement discretion not to bring a penalty against them.”

However, dealers who sell such vehicles could still face penalties at the state level. Chairman Nord noted in her statement, “I hope that the state attorney’s general will follow our lead in this matter.”

But it’s up to each state attorney’s general office to determine whether they would enforce the law’s penalty or not.

The Motorcycle Industry Council issued a statement saying it was pleased with the temporary reprieve but also noted it’s not the solution the industry was seeking.

“With today’s vote, it is now obvious that the only permanent solution is for Congress to end the ban once and for all by amending the CPSIA so parents once again have access to appropriate-sized youth model ATVs and motorcycles for their children,” said Paul Vitrano, general counsel for the MIC.

Nord has previously stated that she doesn’t believe children-designed ATVs and motorcycles should be permanently exempted from the CPSIA because “the clear language of the law requires this result, not because it advances consumer safety.”

Malcolm Smith on Fox TV

April 8, 2009

Show airs today at 5pm East, 2pm West
April 8, 2009 — Encinitas, CA — Anti-CPSIA (aka the Lead Law ) crusader and motorcycle hero, Malcolm Smith, is taking his cause to the airways as a guest on The Glenn Beck Show, today on the FOX NEWS Network.

Since staging his March 19, 2009 day of protest against the idiotic Consumer Product Safety Improvement Act of 2008, or CPSIA, which restricts Malcolm and thousands of other American motorcycle dealers from selling youth motorcycles and ATVs, Malcolm has been recognized by the popular media as a champion of Freedom, Families, and Small Business.

Set your DVR, tune-in online, and spread the word. Details about the show can be found at http://www.glennbeck.com.

To learn more about Malcolm Smith’s protest www.kidslove2ride.com

Media contact and interviews:
Scott Cox Tel 760-436-9937 Fax 760-753-6906 contact@resmarket.com

Statement from Acting Chairman Nord

April 3, 2009

Please see the website kidslove2ride.com for full details.

Love your Country…

March 31, 2009

Great article over at ESPN.

Love Your Country, Hate Your Government

Protest Video Is Up!

March 26, 2009

Please go to kidslove2ride.com to view the just released Malcolm Smith Protest Video from March 19, 2009.

Special thanks goes out to Todd and his team @ Pipeline Digital Media. A link is available HERE to get the code to the video and put it up on your own websites, blogs, and emails.

Again, thank you for all the kind words and encouragement.

If you see a child eating a motorcycle or ATV, please stop them.

Protest Images Are Up!

March 20, 2009

Go to KidsLove2Ride.com

Thank you again for all your support. This isn’t over – stay tuned!

Malcolm Smith CPSIA Protest was a success!

March 20, 2009

Thank you to all the families, friends, small business and media who came out to support the CPSIA Protest.
We are currently working on a full recap of the event and will have it posted soon at KidsLove2Ride.com

Malcolm Smith Protest – Today

March 19, 2009

The dealership is filling up with media folks and Malcolm’s supporters. So far it’s a fantastic event.

Check out KidsLove2Ride.com for protest photos/stories as they come in. Keep up the comments, they mean alot to Malcolm.