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As most of you will remember, the Consumer Product Safety Commission (CPSC) enacted a law in 2008 called the Consumer Product Safety Improvement Act of 2008 (CPSIA). This act was in response to a number of public cases of tainted products reaching our children from countries like China, resulting in illness and death from children ingesting poisonous materials, mainly lead. This law was applied uniformly to products designed for children under 12 years old, unfortunately snaring youth-model motorcycles and ATVs due to how broadly the law was written. Under the law, all youth products containing lead must have 600 parts per million by weight. The CPSC has applied the law to apply to various components of youth-model motorcycles and ATV’s, including the engine, brakes, suspension and battery. It is hard to imagine a child ingesting any of these parts, but the law was still applied.

Motorcycles shops were forced to pull these products in the wake of this Act and pressure mounted from the industry and advocate groups such as the AMA. In response, the CPSC voted unanimously to stay the enforcement of this law through May 1, 2011. While this caused most shops to put the machines (and parts) back on the floor for sale, this is not the end of the problem for the power sports industry or the sport of Motocross. The sale of these machines and parts is still technically illegal, and the stay of enforcement only applies to fines or penalties imposed by the CPSC. State Attorney Generals still have the power to prosecute violations of the law if they choose.

The CPSC just modified the stay for motorcycles and ATVs and now certification will be required 90 days after CPSC publishes the laboratory accreditation requirements. The commission also voted 4-1 to extend the stay on certification and third party testing subject to lead content limits until February 10, 2011. This decision says products must still meet the 300 ppm lead limit now, but certification and compliance to the law will be required for all bikes and ATVs manufactured after February 10, 2011.

How many shops will survive without being able to sell machines and parts for kids? How many tracks make it? How many kids get hurt because they get stuck on an 85 because you can’t buy a 65 any more? What happens to our sport when you can’t race motocross until age 13 because the promoter could be arrested for allowing a “dangerous” product to be used by a child?

Certain groups have been after power sports enthusiasts for years either because the damage they feel we are doing to the environment or because, in their judgmental eyes, they feel as though kids should not be on motorcycles at all. This law gives them the single most powerful arrow in their quiver to date. We urge every motocross enthusiast, racer and fan to take a few minutes and get involved now to change this law and remove the threat to the sport we all love. Make no mistake, this law makes these machines and parts ILLEGAL and this should be unacceptable to us all as tax paying citizens who ride motorcycles as a way of life. Take a minute and visit the AMA’s site to find multiple ways that you can help: http://www.ama-cycle.org/news/story.asp?id=629&s=banner

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Started by Jay Sherman on Nov. 14, 2008

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