Lead Ban

By Robert Partain
Staff Writer for All About Bikes

The uproar over the recently enacted legislation to ban youth motorcycles and all terrain vehicles because of their lead content has gone unheeded, it seems. During the Dealer Expo 2009 event in Indianapolis, members of the Motorcycle Industry Council and the Specialty Vehicle Institute of America conducted a massive letter-writing campaign to protest the ban. The protest focused on asking for certain exclusions from the CPSIA (Consumer Product Safety Improvement Act). To date, nothing has changed. For biking enthusiasts the act will ban the sale of youth-sized bikes and ATVs for children under the age of 12.

Paul Vitrano, general counsel for the SVIA and MIC, recently stated: "This was just part of an all-out effort to exclude ATVs and motorcycles from this overly broad regulation. For weeks, we've been urging the CPSC to grant our petitions and for members of Congress to support our requests. We've worked on a lot of media coverage and we'll be delivering a lot of mail, from constituents nationwide, about this legislation being bad for both families and business as it pertains to the powersports industry."

Well over 4000 letters and emails have been sent, protesting the ban. Letters were sent to both the Council and to legislative representatives.

Vitrano went on to say: "This situation is serious and we are very concerned about an unintended consequence of the Consumer Product Safety Improvement Act.  With right-size models being unavailable to families, we may see more kids out on adult ATVs and we know that this leads to crashes. The CPSC, the ATV industry, consumer groups, safety advocates and parents all agree that it's critical to keep riders under the age of 16 off of large ATVs designed for adults."

In addition to adding to the dangers of crashes from riding over-sized bikes and ATVs, the ban would also impose economic hardship on those dealers who sell ATVs and youth-sized bikes. While the ban is considered an "unintended" result of the law, it will, nonetheless, have significant impact on many riders and dealers.

The act was intended to prevent lead ingestion by small children who put toys in their mouths. Most agree that the act was not intended to apply to youth-sized motorcycles or ATVs. On February 10, the lead-content provisions of the CPSIA went into effect. Because of this act, companies are now prohibited from selling products that are intended primarily for youngsters, aged 12 and under, which have a lead content that exceeds the limits identified within the act.

The vast majority of parts found in youth bikes and ATVs are within compliance to the act. There are, however, some parts that exceed the limit. These parts include tire valve stems, some of the brake components, and terminals on batteries.

All About Bikes will continue to monitor and report on this very important legislation.