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Ok,Ok,everyone calm down and keep a cool head here.What we have to remember here is that the law has to do with the SELLING of vehicles,it has absolutely nothing to do with the RIDING of these vehicles. Lets review:
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
Thank you for taking the time to contact me with your concerns about the implementation of the Consumer Product Safety Improvement Act of 2008. I appreciate hearing from all Pennsylvanians about the issues that matter most to them.
The Consumer Product Safety Improvement Act of 2008 (CPSIA) was signed into law on August 14, 2008. The purpose of the legislation is to provide safeguards to prevent dangerous goods from being manufactured and sold to children through better screening of noncompliant products and more effective product recalls. I supported this legislation because I believe it promotes greater safety in children's products.
Originally the law was set to take affect on February 10, 2009. However, due to ongoing questions about the law's interpretation and implementation, the Consumer Product Safety Commission (CPSC) issued a one year stay of enforcement for certain testing and certification requirements. Under this new timeline, manufacturers and importers of children's products do not need to test or certify the requirements set by the CPSIA until February 10, 2010. Please be advised that retailers are still expected to meet the lead and phthalates standards but will not have to test or certify that each product meets the new standard. This action follows an earlier decision on January 8, where the CPSC announced an exemption for resellers, determining that thrift and consignment stores are not required to test products prior to resale. As always, businesses that resell children's goods are encouraged to exercise judgment in removing noncompliant products and continue to follow all product recall advisements.
I understand that there are concerns within the motorcycle industry about the impact of this legislation on youth models of ATVs. The Consumer Product Safety Commission continues to refine the regulations through an on going rule-making process. I will continue to monitor the rule-making decisions of the Commission and promote quick decision-making so that businesses have an adequate time frame to respond to the new regulations. If you have specific questions about the law, please visit the Consumer Product Safety Commission's website at www.cpsc.gov/cpsia or call (301) 504-7923 to speak with a Commission representative.
Again, thank you for sharing your concerns with me. Please do not hesitate to contact me in the future about this or any other matter of importance to you.
If you have access to the Internet, I encourage you to visit my web site, http://casey.senate.gov. I invite you to use this online office as a comprehensive resource to stay up-to-date on my work in Washington, request assistance from my office or share with me your thoughts on the issues that matter most to you and to Pennsylvania.
Sincerely,
Bob Casey
United States Senator
Notice of Availability of Draft Guidance Regarding Which Children's Products are Subject to the Requirements of CPSIA
My name is Joseph Albrewczynski. I am a seven year old boy that lives in Erie. My favorite thing to do is motocross. My dad has been taking me to the tracks ever since I was four. We have a lot of fun together. My dad told me about the new law that bans the sale of motorcycles for kids to ride. I couldn’t believe that it was true. I asked him what I could do about it and he told me to write a letter to the congress members asking them to change this law. It is called the Consumer Product Safety Improvement Act of 2008. Please look into this. It would really be sad if I could not ride my dirt bike anymore.
Thanks again.
At no point in your response did you address any of the points I addressed in my initial letter.
You did not address off-road vehicles, it's affect on the industry and its affect on my company.
Please go back to my original email and please address the issues I brought forth to you specifically.
Thank you.
David A. Kimmey
====================
Dear Mr. Kimmey:
Thank you for contacting me regarding concerns about the implementation of the Consumer Product Safety Improvement Act (CPSIA).
As a member of the Senate Commerce Committee, the safety of consumer products--especially those intended for infants and young children--is one of my top priorities. Last year, I cosponsored the CPSIA because I believed the public had lost confidence in the Consumer Product Safety Commission’s (CPSC's) ability to protect consumers. The legislation contained a number of provisions intended to restore that confidence, including new safety standards, a substantial increase in funding for the CPSC, and a new CPSC laboratory testing facility.
However, I also understand your concern that the CPSC’s implementation of this law may have unintended consequences that negatively affect small manufacturers, retailers, and consignment shops. The CPSIA was drafted in a manner that provides substantial flexibility for the CPSC to deal with the concerns of small business entities and manufacturers of products that are "inherently safe." On January 16, 2009, the chair of both the Senate Commerce Committee and the House Committee on Energy and Commerce sent a joint letter to CPSC Acting Chair Nancy Nord requesting that she use the existing authority in the CPSIA to issue guidance on: 1) the applicability of testing requirements to children’s books and certain children’s apparel; 2) consignment store resellers of children’s products; 3) component part testing; and 4) testing guidance to small business entities. The letter further calls on Acting Chair Nord to issue guidance on these issues as soon as possible.
I share the concerns of the committee leadership, and will continue to work with the CPSC to ensure that they implement the CPSIA according to congressional intent, and in a manner that does not unduly penalize small business entities. Should you have further concerns, please do not hesitate to contact me in the future.
March 8, 2009
Mr. David Kimmey
125 E Merritt Island Causeway #209-401
Merritt Island, FL 32952
Dear Mr. Kimmey,
Thank you for contacting me to express your concerns about the Consumer Product Safety Improvement Act. I appreciate hearing your thoughts on this important issue.
As you may know, in 2007, in response to several high-profile toy recalls due to high lead content, Congress passed the Consumer Protection Safety Implementation Act (CPSIA). On February 10, 2009, several key provisions pertaining to certification of the materials used in products sold to children aged 12 years or younger, and in some instances children aged 3 years or younger, went into effect and businesses will need to comply with these new standards. In order to help with the transition, the US Consumer Product Safety Commission has set up a website (http://www.cpsc.gov/about/cpsia/cpsia.html) to provide businesses with information on these new safety provisions.
While sellers of used children’s products (such as thrift stores) are exempt from the certification process, manufacturers, and merchants that make new toys are required to have their goods independently certified that their products meet the new safety standards, a process that many small businesses simply cannot afford. While I believe that implementation of CPSIA provisions is important to protecting the American people from potentially dangerous products and materials, the regulations in their current form could unintentionally devastate small businesses that want to comply with the law, but don’t have the means or capability to do so.
Please rest assured that I will continue to work with other Members of Congress to clarify and revise CPSIA provisions so that they have as minimal impact on small businesses as possible.
Additionally, I introduced legislation (H.R. 1027) to delay for two years the mandate on thrift stores with respect to second hand shoes, books, and clothes. Congress is often in too much of a rush and does not take the time to fully listen to and understand the impacts of legislation that they consider. I will continue to work to bring some common sense to Washington.
Thank you again, David, for contacting me. I appreciate having the benefit of your views. It is an honor to serve you in the Congress. For more information on my work in Congress or to sign up to receive my E-newsletter, please visit my website, http://www.posey.house.gov/. If I may be of service to you in the future, please do not hesitate to contact me.
Sincerely,
Bill Posey
Member of Congress
Confirmation# 1625660
DISCLAIMER
If this e-mail was not sent to you directly from my Congressional E-mail Account, I cannot guarantee the integrity of the text of this letter. If you have any questions about the validity of this message, please call my office: Representative Bill Posey, Washington, DC, 202-225-3671.
Pit Row
An Update From MIC On The CPSC's Ban On Youth Powersports Vehicles Mar 09, 2009,
©Copyright 2009, Roadracing World Publishing, Inc.
From a press release issued by MIC:
IRVINE, Calif. – At a press conference hosted by Rep. Tom Self of Missouri on March 4, Paul Vitrano, General Counsel, Motorcycle Industry Council (MIC) and Specialty Vehicle Institute of America (SVIA) stated that the powersports industry is being severely harmed by the ban on most youth all-terrain vehicles and off-highway motorcycles. The ban is a result, unintended or otherwise, from the CPSIA legislation and is a very serious concern because of the consequences.
Serious because:
With these ATVs unavailable to families, we may see more kids on adult ATVs. We know this leads to crashes. The CPSC, the ATV industry, consumer groups, safety advocates and parents all agree: It’s critical to keep riders under the age of 16 off of large ATVs designed for adults. The CPSC, consumer advocates and industry have worked for years to get kids onto youth model ATVs, many of which are now not available because of the unintended consequences of this legislation.
In addition, families with smaller dirt bike enthusiasts may be tempted to put young riders on motorcycles that are too large for them. This also raises the risk of injury.
It’s serious because:
The potential losses for the industry are massive – up to $1 billion in retail economic value annually. This at a time when our industry, along with thousands of big and small businesses, are struggling because of the economic downturn. Tens of thousands of small businesses across America have been severely hurt because these vehicles are sitting in warehouses and not on showroom floors. Meanwhile, the sales of goods like protective gear, accessories, and parts and services, are virtually non-existent.
Thanks to the efforts of Tom Self and the thousands of dealers in the industry, the media is starting to report on the obvious, that kids won’t eat or lick their ATVs and motorcycles.
While that is true, it is also important to note that the industry has submitted scientific evidence using the analytical method required by the legislation. This evidence proves that the lead-containing components, parts and accessories of these vehicles – essential for safety or functionality issues – pose no risk of causing measurable increase in blood lead levels in children aged 12 and younger.
Unfortunately the signals from CPSC are not good. CPSC Commissioners voted just last night on procedures for determining exclusions. Based on both Commissioners' interpretations of the law, we are not optimistic that the exclusion for youth model ATVs and dirt bikes will be granted.
Now the industry is caught in the middle of a fight between Congress and the CPSC. Congress gave the CPSC the power to grant merited, common-sense exclusions, such as ATVs and off-highway motorcycles, from the lead standards. We urge the CPSC to grant our requests for exclusions.
If CPSC believes its hands are tied because of the way the legislation was written, Congress needs to amend the law to restore common sense and make exclusions available for youth ATVs and dirt bikes.
These products present no health risk to children. There is no practical reason for our industry to be harmed by an unintended effect of this law. Each day this ban continues compounds the severe hardship on businesses and families, and works against the ATV safety efforts of CPSC, industry and consumer advocates. And it could well contribute to more crashes among young dirt bike riders.
We need Congress and the CPSC to end this ban – NOW.
Go to the MIC web site at http://mic.org/letters.cfm . You will find an email generator and customizable letters specifically written for dealers, rider/enthusiasts, riding families and parents, parents of racers and other powersports industry members. The e-mail generator will send a message to your Congressional representatives and members of the Senate Commerce, Science and Transportation Committee and House Energy and Commerce Committee via the ARRA web site.
The letters are addressed to the Senate Commerce, Science and Transportation Committee, the House Energy and Commerce Committee and to each CPSIA Conference Manager from the Senate and House. Help get the word out, send letters to your representatives and tell them how you feel about this issue.
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Dear Mr. Albrewczynski:
Thank you for contacting my office regarding the Consumer Product Safety Improvement Act (CPSIA) of 2008. I appreciate hearing from you on this issue.
In response to the recall of millions of Chinese-made toys made with hazardous levels of lead paint in 2007, Congress began consideration of a measure to improve safety standards for children's toys. On March 6, 2008, the Senate passed the CPSIA by a vote of 79-13. On August 1, 2008, the Senate approved the conference report to accompany H.R.4040 by a vote of 89-3. I supported both measures. Consumer safety is vital at all levels, and this legislation can do a great deal to improve enforcement. It is important that the Commission is strengthened with an increased budget at a time when there has been a serious problem with unsafe foreign imports.
The CPSIA authorizes increased funding for the Consumer Product Safety Commission (CPSC) so that the CPSC can effectively enforce our safety standards. It also limits the use of phthalates, which are plastic softeners used in toys and are believed to cause harm to reproductive development. Additional requirements include mandatory premarket testing for lead and other hazards by certified laboratories, the mandating of current voluntary standards for toy manufacturing, and a prohibition on the exporting or distribution of products that have been designated as imminent hazards to public health or safety.
In response to complaints from thrift stores and sellers of handmade toys that these new restrictions, to be enforceable on February 10, 2009, are unworkable and would drive them out of business, on January 8 the CPSC issued a press release stating that the new law does not require resellers to test children's products in inventory for compliance. However, the CPSC goes on to say that resellers cannot sell children's products that exceed the lead limit of 660 ppm and advises resellers to avoid products that are likely to have that lead content.
Moreover, the CPSC has given preliminary approval to changes in the new lead-testing rules. Tentative exemptions have been granted for items with lead parts children cannot access, clothing toys, and other goods made of natural materials such as cotton and wood, and electronics that are impossible to make without lead.
I will continue to monitor your concerns with the implementation of this Act, and should this matter come before the Senate I will keep your thoughts in mind.
Again, thank you for taking the time to bring your views on this issue to my attention. The concerns of my constituents are of great importance to me. Should you have any further questions or concerns, please do not hesitate to contact my office or visit my website at http://specter.senate.gov.
Sincerely,
Arlen Specter
http://www.cpsc.gov/.../faq/sec101FAQs2.pdf
This is a big issue and I am glad there are alot of people doing thier part in this. Thanks!
Post a reply to: Called my Senator