CPSC Keep Ban But Issue 2-Year Stay of Enforcement

WASHINGTON, DC (April 23,2009) --- 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.

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.