youth atv's banned

[mini]

by motoxnutrition on Fri Jan 30, 2009 3:59 pm

I didn't believe this last week when i heard it, but dealers are liquidating their inventory. It's $100K and possible dealer license loss for each event to sell any bike with a sticker that says age 12 or below. Feb 9th is the last day. This applies to quads and dirt bikes and all brands. I'm picking up a new 2008 Can-Am DS-70 for steal this weekend.

Here's a look at what on national Honda letter looked like:

The following is a letter sent to Honda dealers from American Honda's senior vice president, Ray Blank...


Dear Honda Dealer:

On August 14, 2008, Congress enacted the Consumer Product Safety Improvement Act of 2008 (CPSIA or Act). The Act was primarily in reaction to the recent influx of lead-tainted toys that resulted in numerous recalls and significant public outcry for more stringent government standards.

The CPSIA requires manufacturers of “Children’s Products,” defined as those products designed or intended primarily for children 12 years of age or younger, to meet increasingly stringent lead paint and lead content standards and to certify, based on third party testing, that the products meet the Act’s requirements. Products that fail to comply with the prescribed lead limits are considered a “banned hazardous substance” and cannot be sold or offered for sale. Violation of the prescribed limits (initial limits detailed below) can result in severe civil and criminal penalties.

Ban of lead in paint over 600ppm (parts per million)

Honda’s paint contains little or no lead and easily complies with even the most stringent requirement.

Ban of lead in substrate material over 600ppm

[mini]

Honda’s paint contains little or no lead and easily complies with even the most stringent requirement.

Ban of lead in substrate material over 600ppm

Honda is still in process of completing tests on all of the materials used in our small ATV’s and motorcycles; however, some alloy materials commonly used to manufacture motor vehicles may inherently contain levels of lead that are (or ultimately will be) above the current, or future more aggressive, limits set forth in the Act.

Honda and other members of the Motorcycle Industry Council and Specialty Vehicle Institute of America, which face the same issues as Honda, are actively working to exempt the alloy parts for small motorcycles and ATVs from the terms of the Act. The lead embedded in the alloys used in these products is not transferred through typical use of these products. Our shared belief is that Congress never intended the lead content provisions of the Act, which originally were aimed at toys that can be mouthed by children, to be applicable to small ATVs and motorcycles.

Even more concerning is that the Consumer Product Safety Commission (CPSC), the agency charged with enforcing the Act, recently ruled that Congress intended the lead content regulations to be retroactive. This means that, regardless of its date of manufacture or the fact that it complied with all applicable laws and regulations at the date of manufacture, any children’s product manufactured with even a single component part containing lead in excess of the limits will no longer be legal for sale as of February 10, 2009. The economic impact of the CPSC’s ruling will be substantial for both dealers and manufacturers in an already weakened economy.

What all of this means to you is that – without Congressional or CPSC action -- you will not be able to sell new or used TRX 90, CRF 50F, CRF 70F, or CRF 80F models after February 10, 2009, stranding your investment in your new and used inventory. In fact, under the terms of the Act you cannot even display these models on your showroom floor, distribute brochures, or advertise them on your website.

**REVIEW IMMEDIATELY**

As Honda and others continue to work towards a satisfactory resolution to this dilemma, we urge you to support an industry effort by contacting your Congressional delegation and Senators and urging them to ensure that small motorcycles and ATVs are exempted from the lead-content provisions of the Act. Copies of letters already sent by the MIC and SVIA to various members of Congress are attached for your reference.

We ask for your patience and understanding as we work through this unfortunate process together. You may continue to sell these models lawfully and with all existing Honda retail support through February 9th, 2009. We will advise you if the industry is able to obtain an exemption from the lead content regulation. In the interim, we will keep you posted on developments and business actions necessary from February 10th forward to comply with this Act. With best regards, American Honda Motor Co., Inc.

[ww228king]

Where in h**L did this come from.... there is no such ruleing found on the CSPC site... what is the law number? They have to have a 90day time period before they can just make a law active...

I don't know about the lead issue, but the mini atv thing has been know to stop for a while now.... this is the law document... still have not found asny documents on the lead roomer...
http://edocket.access.gpo.gov/2008/E8-26974.htm

[airmobile101]

New Law Could Prohibit Youth Cycle, ATV Sales After Feb. 10
Publish date: Jan 26, 2009

The sale of youth motorcycles or ATVs may become illegal Feb. 10 unless the government grants the powersports industry an exemption from the Consumer Product Safety Improvement Act's prohibition on lead in products destined to be used by children.

The Specialty Vehicle Institute of America (SVIA) and the Motorcycle Industry Council (MIC) today filed petitions with the Consumer Product Safety Commission (CPSC) for emergency relief from the provision, which takes effect Feb.10. The organizations are seeking a temporary final rule to exempt ATV and motorcycle parts, to avoid major disruptions to enthusiasts, the member companies' businesses, and to the thousands of retailers who sell the products.

“Some ATV and motorcycle parts unavoidably contain small quantities of lead,” says Paul Vitrano, EVP and general counsel, SVIA. “Lead in these components is necessary, either for safety, as in the case of facilitating the machining of tire valves critical to assuring tire air retention, or for functionality, such as the lead in battery terminals.”

Vitrano, who also serves as general counsel of the MIC, says the new law provides for exclusions for inaccessible components and authorizes CPSC to grant petitions for exclusions under certain conditions, but CPSC has not yet granted any for ATVs and motorcycles.

The CPSC recently released several proposals to address exclusions it might adopt, but the public comment period for these proposals is scheduled to end Feb. 17 — a week after the Feb. 10 effective date for the new lead provisions.

“By delaying release of these proposals, CPSC will provide no meaningful guidance to product manufacturers and distributors eager to comply with the law prior to the Feb. 10 deadline,” Vitrano says.

Without the exemption, huge inventories of products that present no health risk to children could be rendered retroactively illegal, and future products prohibited from sale.

[ww228king]

Here is teh low down dirty on the lead... straight from the government site.... they have been aware of the lead issue since last year and have gave time to correct it .... they will test again soon and if the maufacture fails then they are illegal.... this is what i gather...
http://www.cpsc.gov/ABOUT/Cpsia/atvcert.pdf

[mini racer #39]

Want answers!!! Call Doug Morris at the ATVA...Phone: (866) ATVA-JOIN (288-2564)
8:30 a.m. – 5 p.m. Eastern time, Monday through Friday........If you have never spoken to Doug he is a great guy and full of answers.

Bobbie

[QuadJunkies]

The Consumer Product Safety Commission today granted a one-year stay of testing and certification requirements for certain products to be regulated under the Consumer Product Safety Improvement Act. According to the agency, the stay provides "some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA." Not included under the stay are, among other things, the ban on lead in paint and other surface coatings, the standards for full-size and non full-size cribs and pacifiers and the limits on lead content of metal components of children’s jewelry.

In a statement, Consumers Union said: "We would have preferred the CPSC to use its authority under the law to grant specific exemptions for products that pose little or no health risk. This stay of enforcement for one year goes beyond what would have been necessary if the CPSC had addressed the concerns in a timely manner. Nevertheless, it does preserve the most critical intent of the law -- to protect children from dangerous products -- while leaving time to sort out implementation issues."

[avia]

so does the one year grace period mean replacement parts will be availible at least for the upcoming season

[Ryko racing]

Wow, the next thing they will want is to ban hunting and fishing too.

[wayne0169]

new mexico is trying to make it illegal for anyone under 16 to ride on blm land.

[bulldogfallon]

The lead issue is a only small part of what is happening to the mini industry....

The government lumped the "youth atvs" in with toys, so the lead content became an issue.

Parts are not considered toys so they would still be available.

The government is also aware that some will bring parts in and assemble here...that will be caught and the fines will be HUGE!!


There is another safety initiative that may also stop the manufacturers from selling mini quads.


The process to remain approvable for sale started over a year ago and many of the mini manufacturers didn't pay enough attention.


You will see other brands suffer due to other design and safety issues in the near future.

The lead part was just a small bump in the road for now...

the next obstacle will surely hurt some of the race only brands.

[Ryko racing]

What about mini motorcycles, are they included too ?