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April 23, 2009
Youth ATV Ban Update
Filed Under (Blog Posts) by John Davis

From an MRF Press Release:

The Motorcycle Riders Foundation (MRF) has learned that the Consumer
Product Safety Commission (CPSC) voted last Friday, April 17, 2009, on the
issue of banning sales of youth ATVs and motorcycles because of lead
levels.  The CPSC voted to keep the ban in place; however, they did issue
a two-year stay of enforcement of the ban.  This stay of enforcement will
allow manufacturers and retailers of youth ATVs and motorcycles to
continue building and selling these items.  It also gives the industry two
years to comply with the new law and if, for some reason, it is
technologically infeasible to manufacture a certain part with less lead
than allowed by law, the industry will have a chance to make an argument
to the CSPC.

The two-member CPSC board decided unanimously.  Both the acting
Chairperson Nancy Nord and Commissioner Thomas Moore voted to deny the
petition from industry to completely overturn the ban; however, both cited
safety as the reason for their votes to issue the two-year stay.  Nord and
Moore both claim, "A bigger safety concern than lead exposure is that the
elimination of youth ATV sales will likely increase the number of adult
ATVs purchased to be used by younger children, therefore increasing risk
of injury and death."  Industry has 45 days to apply for the stay.

You can read the decision letter of the CPSC here:
http://www.cpsc.gov/library/foia/ballot/ballot09/atvexclusion.pdf

Legislation does currently exist that would force the CPSC to exempt all
youth ATVs and motorcycles.  Denny Rehberg (R-MT) has introduced HR 1587,
and the bill has 35 co-sponsors to date. The MRF encourages you to ask
your Member of the US House to co-sponsor this important legislation.

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