Will You Be Wanting to Buy a Children's Size ATV or Dirt Bike?

[MountainDon]

Most folks are not aware of this I'm sure. Maybe if you are an ATV enthusiast you do.

The Consumer Product Safety Commission (CPSC) made a ruling a short time ago that makes it illegal to sell ATV's and Dirt bike that are child sized. On February 10, 2009, a new law regulating lead content in certain products went into effect. This is adversely affecting companies that manufacture, distribute or sell youth model all-terrain vehicles and off-highway motorcycles.

Despite calls for Congressional hearings (http://www.sharetrails.org/alerts/?alert=951) the Consumer Product Safety Commission (CPSC) is refusing to lift the ban on children's off highway vehicles.

CPSC Commissioners voted late last week on procedures for determining exclusions. Based on that vote, BRC is not optimistic that the exclusion for youth model ATVs and dirt bikes will be granted anytime soon. Indeed, the bureaucrats at the CPSC have emphasized that their ban includes children's snowmobiles!

Info here...  http://www.mic.org/stoptheban.cfm

Wow! Yet another thing to write about to your Reps and Senators.
http://countryplans.com/smf/index.php?topic=6556.msg85386#msg85386

[StinkerBell]

A couple things here that people do not consider. We have an ATV, and decided that we will probably never buy a youth one for our youngest son. They are dangerous (I am speaking of the ATV's...not to sure about the mini bikes). A lot of people do not know this, so let me be the first. If you do not have medical insurance on your ATV for your child (child's name does need to be listed) and your child is injured on the ATV, your medical insurance has the right not to pay any medical claims. I do not mean to derail this, but I do believe it ties in. We do not want the government regulating us to death, but at the same time we need to be responsible for our choices. Yes, normally medical insurance will pay a broken arms and such, but I have seen more and more insurance companies refusing payment. Just like they reserve the right not to pay a medical claim based on a motor vehicle accident.

[peternap]

The FDC ruled that eggs couldn't be soft boiled. The FCC requires a license for GMRS Radios. No one pays any attention to tose either. The only thing the fool ruling does is stop domestic manufacturers from competing. Grey market Chinese machines are available and will continue to be.

[Windpower]

Is this the same rule thaat will make second hand stores vitually obsolete because they will have to test kid's products for lead

[MountainDon]

To Stink; I agree on the issue of children and ATV's. It's too easy to get on one and take off right away and get hurt. Dirt bikes do require more skill. I think they are safer because of that.

Also it's a funny thing, but when I look at the people I know who have ATV's and those who have dirt bikes, the bikers always seem to be more responsible. They are the ones who always have helmets on. A great number of them also wear protective gear. Aome of the ATVers ride wearing flip flops.



To Peter: This carries down to the dealer level. The guy who owns our best Honda, Yamaha and Polaris  dealerships is a big land use rights advocate here in NM. He has a back room with child sized ATV's and dirt bikes he can not legally sell.


To windpower. I don't know if it's the same rule. Might very well be.

[MountainDon]

The GMRS radio license rule fails because you do not need to produce the license for a purchase.

[Windpower]

just checked

it looks like it is the same stupid rule

this will really get the economy going

[MountainDon]

It looks like the CPSC will not act on repealing this.... From my NOHVCC newsletter.
(NOHVCC = National Off Highway Vehicle Conservation Council.)


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.

Congress and the CPSC need to end this ban – NOW.

[diyfrank]

I stopped in a local bike shop a few month back. They weren't selling ANY dirt bike or ATVs.  They were all ribboned off.   I just about forgot about it until reading this. Unreal 

[StinkerBell]

I see another flaw in this. Those smaller ATV's also service LP's. LP's who enjoy ATV riding will be complaining.

[MountainDon]

LP?
Little People?
Leprechaun's?

[StinkerBell]

Little People.

[MountainDon]

UPDATE. Writing Congress can achieve results.

From the BRC...

Dear BRC Action Alert Subscriber,

Last week we told you about the bill that was introduced in the Senate to stop the Consumer Product Safety Commission's (CPSC) ban on the sale of youth-sized ATVs, dirt bikes and snowmobiles. This week our friends at Americans for Responsible Recreational Access (ARRA) are reporting the House has followed suit.

Representatives Rehberg (R-MT), Burgess (R-TX), Pomeroy (D-ND) and Simpson (R-ID) have introduced legislation that will stop the ban.  H.R. 1587: To amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain off-highway vehicles, and for other purposes, was introduced in the House on March 18, 2009.

So let's join with our friends at ARRA and send a letter to your Representative and Members of the House Energy and Commerce Committee urging them to support and cosponsor H.R. 1587.

I have pasted a copy of ARRA's alert below. Please read it over, take action and pass it along.
It's extremely important that you continue to fight this ban and have your voice heard.

So NOW would be the time to write a letter/email to your congress person and tell them you back this bill, HR1587. Sample letter below...

Subject: Please Cosponsor H.R. 1587

Dear ,

I'm writing today as a citizen who enjoys riding ATVs / dirt bikes. I urge you to co-sponsor and support H.R. 1587 which will exempt youth model all-terrain vehicles and off-highway motorcycles from the lead content provisions of the Consumer Product Safety Improvement Act (CPSIA).

Although the powersports industry has demonstrated that the lead content in the metal parts of ATVs and dirt bikes pose no risk to children's health, the Consumer Product Safety Commission's (CPSC) recent approval of a final rule imposing strict standards for excluding products from the new lead content limits makes clear that CPSC will not provide relief for youth model ATVs or dirt bikes. Congress needs to step in and make immediate amendments to the CPSIA to ensure that reasonable exclusions can be made for these products, which are piling up in stores and dealerships across the country, needlessly resulting in millions of dollars in lost sales and costs at a time when our economy and these small businesses can least afford it.

But the unintended consequences of this ban go way beyond the business and financial ramifications - it affects me personally, and it affects family and friends who ride with their children, because it destroys the chance for families to enjoy these outdoor recreational activities together. AND it poses a potentially huge safety risk if, as an alternative to having the kid-sized vehicles available, parents opt to put their kids on larger, adult-sized vehicles. PLUS, there is mass confusion. Should kids who race in off-road competitions even go to events? Will parents be able to buy critical replacement parts for their kids' ATVs or dirt bikes, like brake pieces or valve stems? Everyone suffers: dealers, manufacturers, aftermarket, motocross event operators, and especially families with children who are being denied their right to ride. And ride safely.

When the new lead standard took effect on February 10, 2009, youth models of ATVs and dirt bikes designed and intended primarily for children 6 to 12 years of age became classified as banned hazardous substances and dealerships in our area were forced to remove these perfectly good products from showrooms. Components in youth model ATVs and dirt bikes that contain small quantities of lead such as valve stems on tires, aluminum in some brake components, and terminals on batteries, do so to address safety (such as machining the deep grooves on tire valves to assure tire air retention) or for functionality (such as the lead in battery terminals, needed to conduct electricity).

The sad irony is that these youth models were created with the support of the CPSC and consumer advocates to give children a safer alternative to larger, faster adult size models. These long-term efforts to promote child safety are now seriously jeopardized. In addition, youth rider training to encourage the safe and responsible use of ATVs and dirt bikes is jeopardized because new youth models and parts and accessories for them are no longer available. As an ATV / dirt bike rider, and one who has respected the law and encouraged responsible riding, I find this to be unacceptable. The lead in those vehicles does not pose a risk to children 's health. Congress needs to stop this ban - NOW.

I respectfully ask that you co-sponsor and support H.R. 1587 so youth ATVs and dirt bikes again will be available for sale and safe and responsible use.

Sincerely,

[Pox Eclipse]

I say let them sell them.  The brain defect that allows a six-year-old to drive an ATV will be removed from the gene pool by this self-limiting solution.

[MountainDon]

Hard to tell from that news report, but the problem usually stems from idiot parents allowing the youngsters free access to unsupervised use of machines. Personally. I actually don't care a lot for many adults and the manner they use their ATV's. To my eye it seems there are more fools riding ATV's irresponsibly than there are fools riding dirt bikes. Maybe it's just the sheer numbers of ATV's.   

However, I feel responsible parents are being penalized by not being able to purchase child sized machines. It's dangerous to ride a machine that is not properly sized for the rider, and that is what would happen if there were no child sized ATV's or dirt bikes.

[peternap]

Hard to tell from that news report, but the problem usually stems from idiot parents allowing the youngsters free access to unsupervised use of machines. Personally. I actually don't care a lot for many adults and the manner they use their ATV's. To my eye it seems there are more fools riding ATV's irresponsibly than there are fools riding dirt bikes. Maybe it's just the sheer numbers of ATV's.   

However, I feel responsible parents are being penalized by not being able to purchase child sized machines. It's dangerous to ride a machine that is not properly sized for the rider, and that is what would happen if there were no child sized ATV's or dirt bikes.

++++1