Posts
28
Joined
4/1/2008
Location
USA
Edited Date/Time
1/18/2012 8:16pm
http://www.cpsc.gov/library/foia/foia09/brief/leadexclusion.pdf
Take a look starting at page 7. I’m no lawyer but the way I read it is they are not going to give an exemption to the youth Motorcycles or ATV’s. They say “any absorption of lead, no matter how insignificant, would be deemed unacceptable”.
What really throws me is if you continue reading page 10 and below they look to have a different view for The Association of Importers of Textiles and Apparel.
My view is that the CPSC does not want kid’s 12 or younger on motorcycles or ATV’s. It has nothing to do with the possibility of lead exposure. That is just the way they are banning them.
Take a look starting at page 7. I’m no lawyer but the way I read it is they are not going to give an exemption to the youth Motorcycles or ATV’s. They say “any absorption of lead, no matter how insignificant, would be deemed unacceptable”.
What really throws me is if you continue reading page 10 and below they look to have a different view for The Association of Importers of Textiles and Apparel.
My view is that the CPSC does not want kid’s 12 or younger on motorcycles or ATV’s. It has nothing to do with the possibility of lead exposure. That is just the way they are banning them.
You'll note that over and over they state that they could have applied reasonable judgment about materials, but the law includes the word "any" lead absorption, which means none is allowed.
They are, essentially, saying that the law is bad and badly written, and so everyone is screwed.
They are also saying they are going to follow the letter of the law.
It is, however, a bit specious of them to say that the law will have no effect on small business.
The Shop
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$189.95 - $239.95
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just because the oem's are not complaint today with lead rules don't mean they won't be selling or making youth machines complaint and raceable soon.
no where is anyone Not racing youth because of this law. and if they do I would think there are other problems not just this one.
41 pages of more bullshit government wonders why people think they suck....
what a shitty deal
I agree that they are repeatedly throwing the blame at Congress. But reading this http://www.cpsc.gov/...ef/leadexclusion.pdf how are they giving bicycles and other products an exemption and not the motorcycle industry? They say Congress did not give them the ability to make an exemption but they do on many other products.
typical.
AMA District 3
http://cnymra.cnymra.com/
02/15/09
Youth Racing
Filed under: General
Posted by: Webmaster @ 1:30 pm
A note from Mike Dougherty
——————————-
As of right now, I will not do any cards for riders under 13. Im hoping that the overwelming response that washington must be getting on this matter will cause the CSPC to grant the wavier that is needed for us to keep our youth riders on the track. let them know that they will still have to get there apps: in to hold there numbers for the season but i will not cash any checks til the issue at hand is resolved.
In the latest document it clearly outline how a OEM can apply for an exclusion and that is what I am sure they will do. It does not sound like they were specific enough in their first attempt at an exclusion.
www.amadistrict17.com
we are going to have races and run races as normal. we have been emailing, calling, sending letters but from what I am seeing cspc has a problem, and congress like so many other times take a good idea and screw it up by trying to protect everyone.
furthermore. I run races and a riding park, if for a second that I felt my biggest exsposure was from a lawsuit that a kid got lead posioning by riding his machine, well I am in the wrong business.
And districts, tracks, and others that make that assumption well add gas to the fire in my opinion.
But I have riding for what 35 years, guess i must be mis-informed by all the lead consumption???
1.The only vehicles actually mentioned in the act are atvs for kids 12 and under. FACT!
2.The only actual ban is on three wheeled atvs being imported into the US. FACT!
3.All other atvs intended for use by children 12 and under must have proper labeling and the dealer must provide training(action plan)about safety not lead.FACT!
3.The big manufacturers (Honda,Yamaha,etc) replied to the CPSC last year informing them with a report from a large laboratory in Michigan that atvs and ohms(off highway motorcycles)should not be included because there was no evidence that children 6-12 were mouthing any parts of these vehicles thereby ingesting any lead.FACT!
4.Because of the use of microscopic traces of lead in the manufacture of just about any metal, the big 4 (Honda,etc)decided to VOLUNTARILY inform their dealers not to sell their 6-12 age products. The CPSC did not tell them to do this. FACT!
5.Not anywhere in the act, either the first version(63 pages) or the amended version (112 pages) could I find any statement similar to the statement by Greg Robinson,owner of Unadilla,that the CPSC has ruled that machines under 85cc are toxic to children.FACT!
6.The CPSC does not have the authority to grant a "stay" or exemption without going thru congress because this act was put into law by congress.FACT!
7.We as private citizens can still ride them or sell them to each other because the law pertains to retailers.FACT!
8.The track owners and operators should not keep you from operating them because there is nothing in the act that pertains to them violating the law if they are not selling the bikes. If their insurance company says no it is because they are misinformed. (my opinion)
10.In my opinion a simple solution to selling parts for these bikes would be to label the boxes "Not for use by children 12 and under" much the same way the auto industry labels high performance parts "For offroad use only" yet everyone puts them on their street cars. This relieves the retailer from responsibility.(my opinion)
11.In either versions of the act there is no provisions to allow any law enforcement to come around and confiscate vehicles from private owners or ticket anyone for owning or operating any of these vehicles. FACT!
So, the way I see it the AMA can't ban them in racing or any other racin entity for that matter, nobody can stop us from using them. So screw the feds lets keep riding and let the lawyers and manufactures figure this out and I bet in a couple of months we will see the return of new bikes and parts to the dealers. But by all means keep bugging the crap out of your congressmen and senators because they're the ones that put us in this situation. Maybe tell them watch out, their kids golf clubs,horse riding equipment,baseball bats,hockey skates,etc.,could fall under this act because they're made of METAL!!!
Ken Stockton, Father of District 7 and MAMA racer
it's the knee jerk bullshit that hurts our sport almost as much as the CSPC. Not to mention some of this crap out here only gives them more ammunition to use at later date.
they have been flooded with letters, calls, e mails. OEM's have to watch out since they become a "target". I am sure there are a bunch of scrambling going on by all involved to "fix" this. the market for these machines hopefully is big enough for the OEM's to value it enough to fix the problems. if not. it won't be pretty.
stopping racing, or not selling a membership card over this issue? what a ridiculous assumption.
Pit Row
Nice to see
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