Posts
25496
Joined
4/1/2008
Location
Daytona Beach, FL, USA
Edited Date/Time
1/27/2012 2:42pm
I suggest you do the same
I also called the office, and the guy (assistant) honestly seemed surprised and unaware of the situation, so by his request I both faxed and emailed the Senator's office
Please feel free to edit my fax/email below to your needs or feelings and contact your Senators directly
http://www.senate.gov/...ion/senators_cfm.cfm
February 12, 2009
Senator Bill Nelson
US Senate
Washington, DC
RE: Consumer Product Safety Improvement Act
Dear Senator Nelson,
My name is David A. Kimmey and I own a small business in the motorcycle industry that is based in Merritt Island, Florida. Our product is a nationwide and international product called, Engine Ice.
On August 14th, 2008, then President George W. Bush signed into law the “Consumer Product Safety Improvement Act.” This law, while well intended, has created a great deal of economic stress to my industry. This law has prohibited the sale of any small motorcycles or All-Terrain Vehicles intended for youth enthusiasts age 12 and under. This prohibition of sale has caused thousands of motorcycle dealerships, small businesses, to be saddled with thousands of dollars in inventory that now sits in limbo, unable to sell and unable to return. The Original Equipment Manufacturers (OEM) has offered only to these dealerships the blanket statement of “Do not sell,” with no offer to allow returns on these machines.
In this economy, it is unreasonable to expect the local motorcycle dealership, which are small businesses, to essentially toss thousands of dollars of inventory into the trash bin. In this economy it is also unreasonable to expect the financially struggling OEM to allow the return of these machines and then toss millions of dollars in inventory into their trash bin.
The motorcycle industry, just like the auto industry, is in the midst of a massive slowdown in sales and to just expect the industry to place large amounts of inventory into limbo, unable to sell and unable to return, is creating additional hardship.
Two other issues in regards to this law and its application in this instance, 1) Children do not chew on motorcycles as they are not toys and 2) Date of manufacture.
1)Motorcycles are not chewed on by children and therefore do not pose a harm as intended by this law.
2)At the time in which this law was written and passed, the OEM had already completed production on their 2009 models and in most cases already introduced and/or delivered to local dealerships Nationwide.
It is my opinion that the proper actions necessary at this time is one or both of the following;
1) The motorcycle/powersports industry should receive an exemption to this new law in order to allow local motorcycle dealerships Nationwide the opportunity to deplete their on hand 2009 model year inventories(and/or beyond), reducing an unwarranted financial burden that is seriously harming an already troubled industry.
2) Seek a stay of enforcement for the entire Consumer Product Safety Improvement Act in order to investigate other industries wrongly affected such as the publishing (books) industry, bicycle industry and even the antique industry.
Sir, while I understand the intent of this law, now is not the time to be placing large financial burdens on entire industries and small businesses.
I respectfully request that you personally look into this issue and take it directly to the CPSC and your colleagues in Congress for either repeal, a stay of enforcement or exemptions to industries that will be harmfully affected.
Sincerely,
David A. Kimmey
President
CycleLogic Products, Inc
Engine Ice Hi-Performance Coolant
125 E. Merritt Island Causeway, Suite 209-401
Merritt Island, Florida 32952
I also called the office, and the guy (assistant) honestly seemed surprised and unaware of the situation, so by his request I both faxed and emailed the Senator's office
Please feel free to edit my fax/email below to your needs or feelings and contact your Senators directly
http://www.senate.gov/...ion/senators_cfm.cfm
February 12, 2009
Senator Bill Nelson
US Senate
Washington, DC
RE: Consumer Product Safety Improvement Act
Dear Senator Nelson,
My name is David A. Kimmey and I own a small business in the motorcycle industry that is based in Merritt Island, Florida. Our product is a nationwide and international product called, Engine Ice.
On August 14th, 2008, then President George W. Bush signed into law the “Consumer Product Safety Improvement Act.” This law, while well intended, has created a great deal of economic stress to my industry. This law has prohibited the sale of any small motorcycles or All-Terrain Vehicles intended for youth enthusiasts age 12 and under. This prohibition of sale has caused thousands of motorcycle dealerships, small businesses, to be saddled with thousands of dollars in inventory that now sits in limbo, unable to sell and unable to return. The Original Equipment Manufacturers (OEM) has offered only to these dealerships the blanket statement of “Do not sell,” with no offer to allow returns on these machines.
In this economy, it is unreasonable to expect the local motorcycle dealership, which are small businesses, to essentially toss thousands of dollars of inventory into the trash bin. In this economy it is also unreasonable to expect the financially struggling OEM to allow the return of these machines and then toss millions of dollars in inventory into their trash bin.
The motorcycle industry, just like the auto industry, is in the midst of a massive slowdown in sales and to just expect the industry to place large amounts of inventory into limbo, unable to sell and unable to return, is creating additional hardship.
Two other issues in regards to this law and its application in this instance, 1) Children do not chew on motorcycles as they are not toys and 2) Date of manufacture.
1)Motorcycles are not chewed on by children and therefore do not pose a harm as intended by this law.
2)At the time in which this law was written and passed, the OEM had already completed production on their 2009 models and in most cases already introduced and/or delivered to local dealerships Nationwide.
It is my opinion that the proper actions necessary at this time is one or both of the following;
1) The motorcycle/powersports industry should receive an exemption to this new law in order to allow local motorcycle dealerships Nationwide the opportunity to deplete their on hand 2009 model year inventories(and/or beyond), reducing an unwarranted financial burden that is seriously harming an already troubled industry.
2) Seek a stay of enforcement for the entire Consumer Product Safety Improvement Act in order to investigate other industries wrongly affected such as the publishing (books) industry, bicycle industry and even the antique industry.
Sir, while I understand the intent of this law, now is not the time to be placing large financial burdens on entire industries and small businesses.
I respectfully request that you personally look into this issue and take it directly to the CPSC and your colleagues in Congress for either repeal, a stay of enforcement or exemptions to industries that will be harmfully affected.
Sincerely,
David A. Kimmey
President
CycleLogic Products, Inc
Engine Ice Hi-Performance Coolant
125 E. Merritt Island Causeway, Suite 209-401
Merritt Island, Florida 32952
Everyone needs to do this, damnit!!!
The Shop
DeCal Works Huge Plastic Inventory of UFO and Polisport kits.
Luxon 4-Post Bar Mounts
$189.95 - $239.95
Reason is, anyone can sign a petition, especially an online one, but it's the lazy way.
Someone who takes the time to write, print and fax/mail a letter along with an address and signature is more likely to get attention because it's "real" and it's on paper.
SO DON'T BE LAZY
Make a letter from mine above if you want, print it, sign it and include your address....that makes you a real person to them
It was intentioned for new toys, but so many things got caught up in it
Seriously, can a sporting goods store sell fishing gear that would forseeably be used by kids?
Not a criticism of your letter, Dave, but my cynicism leads me to think that our elected representatives would tend to unmoved by kids not being allowed to ride dirt bikes if the representative isn't already sympathetic to our sport.
I recently met with a number of small business owners and entrepreneurs in my district, who fear they will be forced out of business if the law is not amended. On January 16, 2009, Reps. Henry Waxman (Chair, Committee on Energy and Commerce) and Bobby Rush (Chair, Subcommittee on Trade and Commerce) sent a letter to Consumer Product Safety Commissioner Nancy Nord directing the Commission to "act expeditiously" to resolve the "confusion and misinformation" surrounding the Act and requested that the Commission address four major concerns:
1)Applicability of testing and certification requirements to certain children's books and certain children's apparel,
2)Guidance to resellers of children's products such as thrift and consignment stores,
3)Component part testing, and
4)Guidance to small businesses generally.
My staff has been in communication with the Consumer Products Safety Commission (CPSC), which has indicated that it is prepared to exempt certain items from the CPSIA, including books printed on paper pages, organic (non-dyed) fabrics and unfinished wood. As far as used items, the CPSC, in a press release issued January 8, 2009, cautioned, "The new safety law does not require resellers to test children's products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children's products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties." Unfortunately, most newly made children's products, including clothing, bibs, hand-made toys, stuffed animals, will still be subject to the Act's lead testing and labeling provisions. Furthermore, the CPSIA is retroactive, meaning sellers cannot move existing inventory without first testing their products.
My concern is that by utilizing its resources to enforce the Act with respect to products made from materials which are not inherently dangerous and manufactured wholly within the United States, Canada or Europe - all of which have stringent safety standards - the efforts of the Commission to stop the importation of dangerous toys and other products intended for use by young children will be diluted. In my view, it would be preferable at this time to focus enforcement efforts on the types of products which have been shown to be deleterious to children's health, including certain imports from China and other nations with less than adequate consumer safety records.
Please be assured that I will closely monitor the developments of the Commission as the CPSIA implementation deadline nears, keeping your concerns in mind.
Again, thank you for taking the time to share your views with me.
Just wanted to share the Reps. response.
With my small business being in the motorcycle industry, I felt it made sense that it be my primary concern to address
Seems government oficials still has forgotten who they represent no matter what party is in the majority.
Go after China; not Japan, Austria and any other countries of compliance.
http://www.vitalmx.com/...out-the-CPSIA,375833
"They have jurisdiction over the CPSC"
I'm curious if the CPSC Stay was a violation of the Brown Act in the sense that the commissioner and an acting chair have been reported to make that final decision.
Any info on this?
I'm doing local interviews from industry folks and parents on this issue. cj
Pit Row
Under section 101(b)(2), the new lead limits do not apply to component parts that are not accessible to a child through normal and reasonably foreseeable use and abuse of a children’s product. A component part is deemed not accessible if it is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product; however, paint and other similar coatings or electroplating may not be considered to be a barrier that makes underlying components inaccessible.
what part on a minibike is accessible to a child?
The law doesn't cover minibikes, and it sure as HELL doesn't cover replacement parts sold to adults that are not products that are intended for children in the first place.
Now, THAT's worth worrying about.
I think they are a little gun-shy after the 3-wheeler experience, plus I think their culture causes them to interpret things like this a little differently than we would, I think.
In addition to writing your congresspeople., toss a letter to the CLOs of the big 4 in there, too.
we all deserve this actually, if we would buy american products a lot of this would have never happened but no...everybody wants cheap ass stuff, even shit they give to their kids. can't hardly bitch about any of the shit happening in America these days...we fucking voted for it with our pens and with our paychecks...FUCK IT. LET'S LIE IN OUR BEDS NOW....WE MADE IT.
That will permanently kill minibikes and youth racing before this does
They're gun shy after the ATC wars
Post a reply to: Called my Senator