The bill introduced in March by U.S. Sen. Jon Tester, D-Montana, challenges the application of new lead level limits included under CPSIA. Enforcement of these new limits prompted a recent ban on the sale or resale of mini bikes and ATVs designed for ages 12 and under.
Toy Scare of 2007 and CPSIA
CPSIA originally was aimed at contaminated children's toys and clothing after several companies were forced to recall millions of children's products in 2007, often due to lead contamination in paint and parts. From tiny toy cars to metal zippers, the items in many cases were manufactured in China. Children placing such items in their mouths risked lead poisoning.
CPSIA won near unanimous bi-partisan support in the House and Senate, passing 424-1 and 89-3, respectively, last summer. It was signed into law by President George W. Bush on Aug. 14, 2008.
Enforcement of the law, which resulted in the minibike and ATV ban, didn't begin until Feb. 10 this year. The Consumer Product Safety Administration enforcing the law said tough new standards prohibiting trace amounts of lead and phthalate applied to all children's products, including minibikes and ATVs. Trace levels in paint and some parts of the machines exceed the new limit of 660 parts per million.
Motorsport Community Reacts
Companies like Honda told dealers earlier this year to stop selling the small vehicles and providing parts and service for them. Dealers, facing a $100,000 fine for each violation of the new law, have protested the economic harm the ban is visiting upon the industry. Parents and young riders fear the law will effectively end youth motorsports in the U.S.
Motorcycle and ATV organizations have responded to the ban with petition drives and public awareness campaigns. The Motorcycle Industry Council and American Motorcyclist Association are lobbying Congress for an exemption.
The Motorcycle Industry Council estimates the ban, if it stands, will cause a $1 billion loss in business this year during an existing national recession. There also is concern thousands of young riders, particularly those already involved in the sport, will turn to riding larger adult-size vehicles.
Motorcycle Hall of Fame member Malcolm Smith on March 17 held a "protest sale" at his dealership in Riverside, Calif. Under the new law Smith, a racing legend, could face a $300,000 fine and jail time for selling two mini bikes and a youth ATV that day.
Smith in a YouTube video said the federal ban is "hurting the motorcycle industry and the businesses and the families that want to buy bikes and go riding." He called it "ridiculous" to suggest young riders will put motorcycle or ATV parts in their mouths and risk lead poisoning.
The Dirt Bike Bill
Sen. Jon Tester, D-Montana, on March 16 announced legislation to exempt mini bikes and ATVs from this new federal law. Similar legislation has been introduced in the House.
Formally called the Common Sense in Consumer Safety Act, but dubbed the "Dirt Bike Bill," Tester's legislation would change the new product safety law to allow two exemptions: Manufacturers and retailers can build and sell vehicles for children age 7 to 12 without new lead limits applying; and second-hand sellers aren't liable for selling products containing lead.
Tester, in a press statement issued by his office on March 16 and entitled "Tester Introduces Dirt Bike Bill," stated that his bill "will protect small businesses and allow families better, safer access to the outdoors.”
Christopher Miller - Chris is a veteran newspaper reporter in Northwestern Ohio who has been awarded for his feature stories and breaking news reports. He has ...
