President Barack Obama has signed H.R. 2715, enacting a law that will make it legal to sell youth off-highway vehicles again.

The bill amends the Consumer Product Safety Improvement Act of 2008 which barred the sale of items with lead components, a ban which had unintentionally included off-highway vehicles. The amendment, which was approved by both the House and the Senate on Aug. 1, exempts off-highway vehicles and allows the Consumer Product Safety Commission to grant exemptions to other products on a case-by-case basis.

“Federal legislators deserve a lot of thanks for their tireless efforts, especially U.S. Rep. Denny Rehberg (R-Mont.), U.S. Sen. Amy Klobuchar (D-Minn.) and all the other lawmakers who supported an exemption,” says Rob Dingman, AMA president and chief executive officer. “Hundreds of thousands of parents, kids and motorcycling club members responded to AMA calls for action to contact their elected officials and their efforts, along with all those volunteers who circulated petitions and took other actions, brought this issue to the attention of Congress and turned the tide in our favor.”

The Motorcycle Industry Council, which represents manufacturers and distributors, echoed Dingman’s response.

“For more than two years, the powersports industry and its riders have urged Congress to categorically exclude youth dirtbikes and ATVs from the CPSIA’s lead content provisions,” says Larry Little, chairman of the Motorcycle Industry Council Board of Directors.  “We are gratified that our community’s passion and perseverance have paid off and the ban on youth model OHVs is finally over.”

Related Reading
Lead Ban Exemption for Youth OHV Passes House and Senate
Malcolm Smith to Defy Lead Bike Ban

Continue Reading »

Finally, some legislative news out of Washington that doesn’t involve the phrase “debt ceiling”. The U.S. House and the Senate have passed a bill that would exempt youth off-highway vehicles from the Consumer Product Safety Improvement Act, also known as the “lead ban”.

The House approved the bill, H.R. 2715, which amends the CPSIA to exempt off-highway vehicles and gives the Consumer Product Safety Commission the discretion to allow other exemptions.

The bill, introduced by Reps. Mary Bono Mack (R-Calif.) and G.K. Butterfield (D-N.C.), was approved by a 421-2 vote on Aug. 1, and later that day passed unanimously through the Senate. The bill now awaits the signature of President Barack Obama before it becomes law.

Enacted in 2008, the CPSIA was designed to prohibit the sale of products containing certain levels of substances such as lead. As a result, the CPSIA banned the sale of youth OHVs because of traces of lead. The CPSC, which enforces the CPSIA, put a stay on enforcement of the act when it comes to OHVs, as various groups lobbied for an amendment.

[Source: AMA, MIC]

Continue Reading »

A U.S. House subcommittee has approved draft legislation that could exempt youth motorcycles and ATVs from the Consumer Product Safety Improvement Act.

The Subcommittee on Commerce, Manufacturing and Trade has approved the Enhancing CPSC Authority and Discretion Act (ECADA). The ECADA would provide the Consumer Product Safety Commission with the authority to use discretion in enforcing the lead ban on youth off-highway vehicles.

“While CPSIA has many virtues, there are some unintended consequences of the law as well. Our common sense reforms will help to make a good law even better, saving thousands of American jobs in the process and providing our children with the important protections they need,” says Mary Bono Mack (R-Calif.), subcommittee chair. “This was a careful balancing act, but even the Consumer Product Safety Commission has recognized the problems with CPSIA and requested greater flexibility in implementing the new law.”

The draft legislation would allow the CPSC to grant exceptions to products which require lead or cannot be manufactured without lead, or where the lead components are not likely to be placed in a child’s mouth and ingested. The ECADA also exempts battery terminals from the lead limits.

The ECADA will now move on to the Energy and Commerce Committee.

The Motorcycle Industry Council, which represents the manufacturers and distributors, has stated its support for the ECADA.

“MIC and its members reiterate their strong support for ECADA and urge its quick passage by the Energy and Commerce Committee,” says Paul Vitrano, general counsel for the MIC.

Others, such as Rep. Denny Rehberg (R-Mont.), say the ECADA does not do enough to address the problem. Rehberg restated the need for H.R. 412, the “Kids Just Want to Ride Act”, to be enacted.

“I appreciate the House Subcommittee on Commerce, Manufacturing and Trade’s continued work to undo the consequences of the overreaching regulations created by the Consumer Product Safety Improvement Act. However, this legislation still does not go far enough in exempting youth-sized motorcycles and ATVs,” says Rehberg, who authored H.R. 412.

“H.R. 412, the Kids Just Want to Ride Act, provides the necessary exemption for these vehicles and is the most common-sense approach to this issue,” he continued. “Montanans and folks across the country who enjoy these products are waiting for Congress to show leadership and exempt these products once and for all.”

Related Reading
New Bill to End Lead Law on Youth OHV
Kids Just Want to Ride Act Gaining Momentum