Mini Parents Read this it doesnt look to good

[03sp500]

I just received this from Fred Mang from twister valley

Twister Valley Sports Complex

Greetings!


Please read this email that I received from Greg Robinson, the owner of Unadilla MX, and a message from a fellow racer and mini parent, Dean Haskin, concerning the ban of youth motorcycles and atv's.




Email From Greg Robinson


Date: Wed, 11 Feb 2009 17:50:32 -0500


Good Afternoon...forget the good, as our country has descended into lunacy.

I have spent most of the day on two conference calls relative to the subject line above, and I must say I am rather concerned about the fate of our sport and industry. Not to mention our local communities for the further loss of jobs and $$ that our industry brings in each year. It is certainly that dire..believe me.

As of yesterday, all the OEMs had to pull for sale all new youth minicycles and atvs for those under the age of 13...this under order of the CPSC due to lead content of plastics and certain metals. As of yesterday, a dealer or private individual can no longer provide parts or service, to these affected machines, in which there is a possibility that those same parts may contain lead...no oil changes, plastic, levers, engine cases, etc, etc..goggles, helmets, clothing, knee braces..you name it. You may think that is just for new machines, but it is for everything new and used.

The CPSC also ruled that machines under 85cc are considered toxic to the health of young children.

Effective yesterday, Honda has pulled replacement parts from their service system for these machines pending lead certification...this takes 400 days. KTM, Suzuki, Kawasaki, and Yamaha are doing the same thing. If you have a 1,2,3 year old machine, you won't be able to buy most parts for it very soon.

Yamaha is sending out restrictions to its dealers saying that an 85cc bike can only be sold, and should only be operated by someone over the age of 13.

Now to the fun part for us as a race promoter.

Because the manufacturers are now issuing these guidelines, we as promoters cannot allow a youth under the age of 13 to participate for two reasons.
We are allowing someone to participate in a sanctioned activity on a vehicle that has been determined by the manufacturer and the CPSC to be unsafe for that age level.
We are allowing someone to participate in a sanctioned activity on a vehicle that the CPSC has determined is a toxic substance.
If you think I am joking, consider the following
MX Sports is considering removing youth classes from the Loretta Lynn's program, GNCC, and ATV Nationals...we run all three of these series and I can tell you that these classes make up over 1/3 of our entries and more than half of our attendance.
The AMA will be forced to ban youths under 13 from any AMA amateur or pro competition due to legal ramifications. The same will apply to local districts and sanctioning bodies, as insurance will not be available to cover this exposure.
The lifeblood of our sport are these kids..if they cannot participate, they will find something else to do, and we will not get them back. They will not race, watch, or buy products. That means Mom, Dad and older brothers/sisters won't be there either.
Unadilla would most likely not participate in any form of amateur racing..with only half or less of the entries left, it wouldn't be financially possible.
DO I HAVE YOUR ATTENTION YET!

There are two efforts going on right now to get a temporary stay granted by the CPSC for "Off Road Vehicles." The MIC (Motorcycle Industry Council) and Missouri State House Rep Mike Sense(#4 in line in the MO st govt) are both developing grass roots letter campaigns through websites to develop a ground swell of support for this stay. Keep in mind this is only temporary, and unless a Federal injunction or legislation is developed, this isn't going away.

There are several opinions floating around on this subject saying that our thinking is flawed and that only the sale of new units is affected...if that is the case, why are helmet, goggle, sneakers, sunglasses, OEM parts and accessories, and dealer service being pulled for these units???

I will leave you with this..if indeed this is overblown, and we are right that we shouldn't be affected by this, it still doesn't mean that we can't/won't be sued by someone using this logic, and worse yet, convince a jury that the above is true. If it gets that far, you will have spent nearly a million $$ in your own defense, just to prove you were right all along.

IS IT WORTH THAT TO YOU?

I will get you info on the two websites, and I encourage you to beg everyone you know that rides, owns, promotes, or attends an off road sporting event to get everyone they know in the same manner to fill out one of these letters...Every Mom Dad and Kid should individually enter their name. Then they should contact their local representatives too.

Thanks for listening, and please do not think you can't make a difference..contact your local representatives as well..explain the economic impact this will have..educate yourself on this subject as quickly as you can.

Greg Robinson
VP Marketing
Unadillla Motorsports
(c) 315-725-9537
greg@unadillamx.com

Message From Dean Haskin


Allright folks,

Here is another link that will get a letter out directly to the Consumer Products Safety Commission. Follow the instructions on the right hand side bar, and it will walk you right through it. Took me 4 minutes, they have even got a letter already for you to copy and paste if you don't want to right your own.
I have been researching this almost all day. This is the best yet that I have found for us as consumers to let our voice be heard. I called the CPSC myself, and they can't even tell me what parts fail the 600ppm standards.

CAN YOU TELL I'M PISSED???????......Heres the link

http://www.motorcycle-usa.com/5/2382/Motorcycle-Article/Lead-Ban-Stops-Youth-ATV-and-Motorcycle-Sales.aspx


Spread The Word


Thank you for your time with this important matter to our sport. There is also a petition that I would like you and everyone in your family to sign. You can find it at the link below.

http://petitionspot.com/petitions/thumpertalk


Sincerely,



Fred Mang
Twister Valley Sports Complex
_________________
Monkey Boy Racing www.MonkeyBoyRacing.com
Torque Racing http://www.torqueracing-atv.com/

2009 Sponsors

TASKZoil Products www.TASKZoil.com
Bob Valenti Automall www.bobvalenti.com

[mxdad423]

Here is the e-mail I got today from Racer Productions, I don't think that anybody knows what's going on, Not saying you aren't right, but tell me this, after reading this e-mail I got today, I called my local Honda dealer and they told me that there are no restrictions on the dirt bikes at all, the only restrictions were put on ATV's and that Honda's restricions are that they can sell no ATV to anybody under the age of 10. I ask him how Honda could do that when the Federal law that I read said bikes and Atv's and the age was 13. He told me they just went through a big training video issued to them from CPSC and that all the MFG's are differant, such as Polaris, he said Polaris suspended all retail on all there machines. I'm confussed, this is all a bunch of BS and I hope that everybody gets on the wagon and gets the petitions signed and letters sent into congress, I know I have already signed several differant petitions and am currently writing a letter to congress, come on when have you ever heard of a child getting sick from an ATV or a bike because of lead poisoning, just another over paid, college educated a**hole setting in an office coming up with BS to ruin more good activities for our children. Anyway come on everybody lets get them letters into congress and get this s**t stopped. Here is the letter I got today..


Kevin Smitley


URGENT: Call to Action from MX Sports


Dear Industry Leaders, Racers, Fans and Enthusiasts,

Yesterday, a law went into effect prohibiting the sale of minicycles to children under the age of 13 as a result of the lead content in the machines (Consumer Product Safety Improvement Act of 2008, Title I, Section 101). This law, which arguably applies to both motorcycles and ATVs, treats any children's product that contains more lead than the limit established by law as a banned hazardous substance.

We have already begun to experience the devastating consequences of this new legislation upon our sport, as OEMs have already pulled these machines from their showroom floors. Youth racing is the foundation of our sport. That is when most of you fell in love with motorcycles in the first place, only to grow up to bring your own kids back to the racetracks. Only now, they can't ride.

On behalf of MX Sports (Loretta Lynn's), Racer Productions (GNCC), and ATVPG (ATV Amateur Nationals), we are extremely concerned with the short- and long-range effects of this new legislation, as the first rounds in all of our various series are less than two weeks away, and all include classes for youth racers under the age of 13. But it's not just our events - WORCS, NMA, Mini Os, SETRA, etc., are all adversely impacted.

It is our opinion that the new law is inapplicable to off-highway motorsports, as neither motorcycles nor ATVs have the potential for ingestion, and lead from motorcycles is not likely to be absorbed into the bloodstream or present a health hazard. Let's face it - when was the last time someone swallowed a motorcycle? Any other interpretation would be silly. Be that as it may, the law will continue to adversely affect our industry unless and until an exemption is granted.

Presently, there is a petition for an immediate temporary exemption pending before the Consumer Product Safety Commission ("CPSC") filed by the Motorcycle Industry Council (MIC) on behalf of the OEMs, distributors, and industry associations. This petition, if granted, would enable our industry to move forward this racing season while the applicability of the law to the off-highway industry is determined.

What can you do?

A form letter for submission to the CPSC in support of the petition for exemption is attached as prepared by the MIC. The letter will also be available this weekend at the Indy tradeshow. Simply print out one copy for each person in your family and submit it ASAP. In the meantime, AMA is preparing a letter for submission by its membership to the CPSC. Be on the lookout for that one as well.

Also, an electronic form letter has been prepared by State Representative Tom Self of Missouri. Please go his website at www.tomself.com. Just fill in your name and address and hit "Submit" to register your support. Please submit this letter on behalf of every member of your family - regardless of age.

What else can you do?

Contact your congressmen and senators; let them know that this legislation will have the unintended consequences of crippling an entire industry. Surely, it could not have been the spirit or intent of the new law to apply to motorcycles or bicycles (which apparently have lead in the brake cables).

Time is of the essence. The very future of our sport and of our industry depends on this. We must support the pending petition before the commencement of the national racing season.

Please give this matter your immediate attention, and forward this letter to EVERY PERSON available ASAP.

Thank you,

c.

Carrie Coombs Russell

[ww228king]

Here is a letter that i got from my congress on this matter and it sounds different..... He even voted on this to pass.... i can even forward you the email with his contact info, to ask more questions... read it real good


Dear Mr. King:



Thank you for contacting me with your concerns regarding the Consumer Product Safety Improvement Act (CPSIA). It was good to hear from you, and I appreciate your taking the time to get in touch with me.



The Consumer Product Safety Improvement Act was passed with the specific intent of requiring that the manufacturers of children's products test and certify that their products meet all applicable federal product safety rules, including the lead limits, this certification requirement will go into affect on February 10, 2009. The intent of the CPSIA was to ensure the safety of our nation's children, not to burden the small businesses of the second district with new regulations. Although we do not see eye-to-eye I voted for this legislation based on this balance, and to keep children safe from dangerous products.



The CPSIA will not require the testing of materials manufactured before this date, so toy stores, small businesses, and consignment shops will not be impacted by the law for their current inventory. The current law requires only that the manufacturer certify compliance based on a "reasonable testing program."



I am working with my colleagues in Congress and the Administration to respond to the challenges that face our nation. Together, we will build a stronger economy, find common sense solutions to our energy needs, make sure every child gets a quality education, and expand access to health care. It is an honor to represent you in Congress, and I welcome your continued input.


Sincerely,

Bob Etheridge
Member of Congress

[Nichols Atvs]

Well after my son and i talked about this He said . Dad dont you think that there are more bicycles out the from china then atvs how come they can still sell them . I said you know what you pose a great point . What is this country coming to .MY G#%!!!

[ww228king]

what about the pencils in schools? Bob did say that you can still sell the new and used units that were made before that date....

[Nichols Atvs]

Dont bother to take your kids to the dr for Xrays id be afraid they might get lead posining from a ripped lead shirt . Yes iv just takin all the pencils away from the boys and as of tonight we will not be using the water from the pipes i used lead solder . and the chimney has a lead seal at the top im shuting off the heat ( you know this should save me a lot of money in heating oil to and just looking at the silver wear that must have lead in that ill just throw that out and the plates they have a metal line around that ill throw those out Oh my g%^. the TV and computer thats gota ___________--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[mxdad423]

Originally posted by ww228king
Here is a letter that i got from my congress on this matter and it sounds different..... He even voted on this to pass.... i can even forward you the email with his contact info, to ask more questions... read it real good


Dear Mr. King:



Thank you for contacting me with your concerns regarding the Consumer Product Safety Improvement Act (CPSIA). It was good to hear from you, and I appreciate your taking the time to get in touch with me.



The Consumer Product Safety Improvement Act was passed with the specific intent of requiring that the manufacturers of children's products test and certify that their products meet all applicable federal product safety rules, including the lead limits, this certification requirement will go into affect on February 10, 2009. The intent of the CPSIA was to ensure the safety of our nation's children, not to burden the small businesses of the second district with new regulations. Although we do not see eye-to-eye I voted for this legislation based on this balance, and to keep children safe from dangerous products.



The CPSIA will not require the testing of materials manufactured before this date, so toy stores, small businesses, and consignment shops will not be impacted by the law for their current inventory. The current law requires only that the manufacturer certify compliance based on a "reasonable testing program."



I am working with my colleagues in Congress and the Administration to respond to the challenges that face our nation. Together, we will build a stronger economy, find common sense solutions to our energy needs, make sure every child gets a quality education, and expand access to health care. It is an honor to represent you in Congress, and I welcome your continued input.


Sincerely,

Bob Etheridge
Member of Congress

Ok, so does this meen that it won't effect the racing for our kids? This stuff confusses me.

Kevin Smitley

[90cc DAD]

I have a Question??
We all pay AMA or ATVA to race/
So where are they?? Don't we pay our dues so they can
voice our opinions?? Don't we pay a membership every
year so they will protect our sport? Doesn't there website
say we are stronger in numbers and the more members
we have the louder the voice?
I just don't understand how something like this is happening
and not one time have I heard anyone mention our AMA and ATVA!
This makes me wander what they do with all our membership
dollars besides insurance and food for there meetings??
Why don't we all send letters to the AMA and ATVA and let
them fight for our rights?? That is what we are paying them for!!

[90cc DAD]

Here is a link to the AMA/ATVA right here on AtvRiders.com
And it states that you should join for just this reason.
But I see nothing by the ATVA being done!!
There site will not even work now!!

Click here--> http://www.atvriders.com/atvnews/ama-atva-2009-atv-club-sanction-events.html


Here is what I read!!.....

"To give your club more clout...
Our sport is challenged by anti-ATV forces who call for land closures, bans on children riding ATVs, and discriminatory regulations. Our Government Relations Department educates and empowers clubs, helping them become involved in political, legislative and regulatory arenas on all levels. ATVing can flourish only with the full participation of our members in the political process, and we're here to help you."

So where is our HELP??

[Logan #34's Dad]

I getting ready to make a big purchase for Logan's future in atv racing. Should I hold off?
Lou from DRR sent a post stating that they are in compliance and are able to continue selling products. Sounds like, if the manufacturers were not on the ball when this got started they will have to wait to have their products tested (400 days as posted here) once tested and then found to be under the recommended lead level they can start selling again. So, if I'm right then all those manufacturers should have been taking this legislation more seriously and acted on it sooner like DRR must have.

[ww228king]

Email your congress.... they gave me my answer and on the email he has his signature.... so i am going with who helped made the law.... and he states that the new and used units that were made before 2/10/2009 were good to go and only the only the ones after that date were just subject to testing, not illegal.....

QUOTE: The CPSIA will not require the testing of materials manufactured before this date, so toy stores, small businesses, and consignment shops will not be impacted by the law for their current inventory. The current law requires only that the manufacturer certify compliance based on a "reasonable testing program."

[tireman43]

Originally posted by Logan #34's Dad
I getting ready to make a big purchase for Logan's future in atv racing. Should I hold off?
Lou from DRR sent a post stating that they are in compliance and are able to continue selling products. Sounds like, if the manufacturers were not on the ball when this got started they will have to wait to have their products tested (400 days as posted here) once tested and then found to be under the recommended lead level they can start selling again. So, if I'm right then all those manufacturers should have been taking this legislation more seriously and acted on it sooner like DRR must have.

If I'm reading through ALL of these posts right. It won't matter if DRR is in compliance if the promoters aren't going to be allowed to have them race.

I think with everything going on in our great Country right now, this should be on the bottom of a very long list. It just shows that those people we put into office always have their own agendas no matter what they tell us to get elected. ITS ALL A BUNCH OF B.S!!!!!!!!!

Kevin

[mxdad423]

Kevin you hit the nail on the head, I thought the same thing. You got people loosing their jobs on a daily basis, familys loosing their homes, soliders dying for no reason and our congress is worried about something stupid like this.

Kevin Smitley

[ww228king]

I would like to see the death toll on the kids who have died or even got sick from lead exposure on thier ATVs or dirtbikes.....


This must be a part of that CHANGE that I heard about a few months ago....:mad:

[ww228king]

I don't know why the racing events would stop.... only the newer models are subject to testing. No sales have stopped. I think someone was mislead and made a mountain out of an ant hill. They need to contact the congress and get the words straight from the horses mouth. I think a few dealers have blowed this out of porpotion to make some quick sales before the date of 2/10/2009. I am serious people... contact your congress and get the law right. Gary is being honest and telling you that they are good and not stopping DRR sales. I think that some dealers have blowed this thing up and have sold out of thier current ATV stock and the new stock needs to be tested or the manufacture need to certify that they will test.

[tireman43]

Originally posted by ww228king
I don't know why the racing events would stop.... only the newer models are subject to testing. No sales have stopped. I think someone was mislead and made a mountain out of an ant hill. They need to contact the congress and get the words straight from the horses mouth.

I think that is also part of the problem though. No one is getting the same answers, which is making things more confusing. Not only that many people upgrade their machines over time, like yourself, and will likely be subject to this. I know for a fact that 90% of the machines we raced with last season fall into this.

I have a question to anyone that is more up on this than myself. What about all of us who PC our kids ATV's? How would they fit into this?

Kevin

[ww228king]

I added more to my post above...

[03sp500]

I hope everyone is correct about this. I just posted what was sent to me. I personally dont know what to think. I spoke to the head of our series and he said dont worry youth and kid classes are racing.

[Nichols Atvs]

Has any one called the CPSIA and see what they say on this. We all seem to be getting alot of different answers .as to whats beging sold, (ages being changed ,whats that got to do with lead) Someone is not giving correct answers because the big four say the have to stop selling and have ww228king congressman saying they can sell then whats the problem the units pre fe 10 should be fine to sell and any thing after that date need a certifacation well DRR has it . and we are able to sell parts thenwe have no problems geting parts.unless back orders stat happening.

[tireman43]

Heres a link to check out. I'm not sure if it was posted anywhere else. It has the info on the stay until 2010, but I don't know legal talk so I'm not sure how it works. It also has contact info. Thought I'd pass it along. It was found while searching the Apex site to see what they had to say. They claim that their products are still able to be sold as well.

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html

Kevin

[Sparky D]

Went to my local honda dealership for a part and a new helmet for my son. All of the YOUTH helmets had been pulled off the floor and he told me they could not sell any parts for ANY youth bikes at this time.

Not good

[ww228king]

[QUOTE]Originally posted by Sparky D
Went to my local honda dealership for a part and a new helmet for my son. All of the YOUTH helmets had been pulled off the floor and he told me they could not sell any parts for ANY youth bikes at this time.

Not good [/QUOTE
see.... some dealers are mislead or the congress don't even know what the hell they vote on to pass.... kinda show incompetitence somewhere.....

[Ryko racing]

This is complete lunacy on our governments behalf.

I have spoken to Cobra and they assured me that they are legal and i have heard that drr also is legal. (i hear KYMCO is too)

It is a shame that once again the big manufacturers seem to have not responded last year when they found out about this.
It does not surprise me as they really pay no attention to the youth market( just look at what they offer our kids to ride) but now that they the fine print came out their dealers will suffer.
Sometimes i wonder if they thought this would get rid of the competition

LETS ALL GET TOGETHER AND SEND EMAIL AFTER EMAIL UNTIL WE GET THIS RESOLVED.

REMEBER WE SUPPOSEDLY VOTED IN OUR PUBLIC SERVANTS SO NOW LETS FORCE THEM TO EARN THEIR PAY.

[90cc DAD]

Let me ask again.... Where is the AMA or ATVA??
What are they doing??

[ww228king]

I have been doing some checking on some websites and it looks like all of the big 4 and some of the others have pulled the youth machines off the sites....WHY? and WHY are the dealerships pulling the helmets and clothing, what sence does that make.... sounds like there is more to this than what the dealers are telling us.... I mean the people who have set these laws are saying sell and the people who sell these things are saying no.... what is going on? Are the manufactures pissed about this and trying to hurt the economy more or will it cost too much to make the youth machines lead free....

[Hanksdad]

What would happen if everyone just ordered their machines from canada, mexico or the UK. Parts will always be available because everyone else(other countries) will still have the right to ride these machines just not the U.S. I'm ready to take our country back. We as parents are responsible for our children. It's people who will sue over anything that make these issues. Some parent let their child suck on a lead china toy and now we have this mess. I will ride and my boy will too regardless. Arrest me if you want.

[90cc DAD]

Ok... I see nobody can answer my question.
Just try to go on the ATVA web site!!
Or try to go on the AMA web site and see what they are saying?

Let me know how you make out??:confused:

[wolfpack91]

CPSC Indefinitely Delays Determination on Petitions

Feb 13 2009 1:58PM
Comment ShareThis Email Print
The CPSC just posted their "response" to a number of industry petitions filed well before February 10, 2009 seeking exemptions or exclusions from the lead limits for various reasons. It seems the BPSA was in good company as the Motorcycle Industry Council was also petitioning.

The letters in response to the petitions were all about the same. Bottom line: not good news but not bad...just more waiting until the CPSC can figure out what to do. In CPSC speak the letter said in conclusion: "Because the Commission lacks the authority to grant the "temporary final rule" you seek, we are not docketing your request as a petition. Your request will be considered as part of the ongoing rulemakings for exclusions or exceptions from the section 101 lead limits. The staff will assess your request accordingly..." Of course no date was given when they will make a decision. Sound Familiar? In the meantime though all of you in the supply chain are still subject to the lead limits (testing or not) and if and until Congress acts the Sword of Damocles will remain over your heads.

Here are the petitions and the respective letter responses (by the way the letters from the CPSC are all dated February 9, 2009 but this information was not posted by CPSC until late on February 12, 2009):

Bicycle Product Suppliers Association (BPSA) (January 28, 2009) and Response from CPSC General Counsel (February 9, 2009)

Jim Boltz Cycle Barn Motorsports Group (January 30, 2009) and Response from CPSC General Counsel (February 9, 2009)

Motorcycle Industry Council (MIC) (January 28, 2009) and Response from CPSC General Counsel (February 9, 2009)

Specialty Vehicle Institute of America (SVIA) (January 28, 2009) and Response from CPSC General Counsel (February 9, 2009)

Polaris Industries, American Suzuki Motor Corporation, Arctic Cat Inc., Kawasaki Motors Corp., U.S.A., American Honda Motor Co., Inc., and Yamaha Motor Corporation (January 27, 2009) and Response from CPSC General Counsel (February 9, 2009)

Also on Feb 12, 2009 the CPSC issued a Notice of Availability of Draft Guidance Regarding Which Children's Products are Subject to the Requirements of CPSIA Section 108 (Regarding Phthalates); Request for Comments and Information The CPSC is seeking comments on whether the Commission should follow the exclusions listed in ASTM F963 for meeting the new Phthalates requirements (along with a host of other issues). The CPSC staff looked to the definition of “toy” in the ASTM F963-07 toy safety standard for guidance. (The CPSIA makes ASTM F963 a mandatory CPSC standard on February 10, 2009) ASTM F963 excludes certain types of articles (such as Bicycles, Tricycles etc; see above pdf for a list) from the definition of toy.

Clearly we want bicycles any other "non toys" to remain free of the new Phthalates requirements as they currently are.

Please read the above PDF and file comments with the CPSC by e-mail to: section108definitions@cpsc.gov. Comments are due by March 12, 2009. Comments also may be filed by fax to (301)504-0127. Comments should be captioned “Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the Requirements of CPSIA Section 108; Request for Comments and Information.”

Last but not least, we have not heard anything further on Senate bill S. 374 except for the request of Senator DEMINT to add the names of the Senator from Kansas (Mr. BROWNBACK), the Senator from Oklahoma (Mr. COBURN), the Senator from Idaho (Mr. CRAPO) and the Senator from Oklahoma (Mr. INHOFE) as cosponsors of S . 374, a bill to amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses. As there is now a groundswell of support against the "unintended consequences" of the lead ban we may see a faster move by Congress than the CPSC (provided Congress can resolve the Stimulus Bill soon as that is using up all available resources in Congress now.)

[ww228king]

Here is my thought after chatting back and forth on this matter with the law makers. Some of the manufactures are pulling the plug on the youth market to make us (the consumer) raise hell with the government. The reason is... the lead tesing will have a fee and the fines are high if cought untested or illegal selling of an untested unit. They want us to make a stink about it until the government drops it. The government will charge extra tax for youth units and also charge a fee to the manufacture for testing. Some manufactures are willing ti stay and just pay the testing fees and extra taxes to keep the youth powersports here. I jsut noticed that KTM is still in the good also. So yes the government is being a freaking pain in the you know what to make the manufactures jump through these hoops, but some manufactures are just saying the hell with it, and wants us to fight it for them.

[mxdad423]

Originally posted by 90cc DAD
Ok... I see nobody can answer my question.
Just try to go on the ATVA web site!!
Or try to go on the AMA web site and see what they are saying?

Let me know how you make out??:confused:


Here is one letter I found written from the AMA / ATVA to the CPSC. I'm sure there are more, The AMA / ATVA normally does a good job fighting for our rights and I wouldn't be affraid to say they have all of their attorneys working over time on this one. Lets hope anyway.

Kevin Smitley


AMA letter to CPSC regarding OHV lead content
Posted February 4, 2009 Email Print



On Feb. 10, 2009, a new law regulating lead content in certain products, the Consumer Product Safety Improvement Act, is scheduled to go into effect. The unreasonable timeline for implementation would severly impact the sale of youth-model off-highway vehicles, harming independently owned dealers and negatively affect youth motorcycle and ATV safety.

On Feb. 2, the AMA Government Relations Department wrote the following letter to the Consumer Product Safety Commission regarding this issue.



February 2, 2009

Acting Chairman Nancy Nord
Commissioner Thomas Moore
U.S. Consumer Product Safety Commission
4330 East-West Highway
Bethesda, MD 20814

RE: Consumer Product Safety Improvement Act

Dear Chairman Nord and Commissioner Moore:

The American Motorcyclist Association (AMA) is a not-for-profit organization, founded in 1924 and incorporated in Ohio. In partnership with our sister organization, the All-Terrain Vehicle Association (ATVA), we represent more than 300,000 motorcyclists and all-terrain vehicle (ATV) riders nationwide. Our members are interested in any action that may affect their enjoyment of motorcycle or ATV recreation. In this regard, we write to express our concern with the implementation of the Consumer Product Safety Improvement Act (CPSIA).

Because some youth-model off-highway motorcycles and ATVs are intended primarily for use by children ages 12 and younger, these vehicles are subject to the lead content limits specified in the CPSIA. According to motorcycle and ATV industry sources, most motorcycle and ATV components are compliant with the CPSIA’s lead limits, but some components unavoidably contain small quantities of lead in excess of the CPSIA’s limits. The nature and location of these components (i.e., battery terminals – which are usually behind a secure panel) suggests a very minimal exposure risk. Nevertheless, the AMA supports the efforts of the joint CPSC and the industry to minimize the exposure risk posed to youthful operators of these vehicles.

Of greater concern to our members is that, although the CPSC has published proposed procedures for seeking exclusion from the lead limits, there is no practical way for manufacturers and distributors of ATVs and off-highway motorcycles to seek and obtain exclusions prior to the February 10 effective date for the new requirements. Unless the CPSC acts immediately to grant the manufacturers and distributers of motorcycles and ATVs emergency relief and a temporary exclusion from the lead limits for certain applications, a severe and unwarranted disruption in the supply of youth-model vehicles will occur.

Inaction on this issue will do irreparable harm to segments of the powersports industry that are already struggling with an unfavorable economy. The most vulnerable are the small dealers and suppliers -- the “mom and pop” shops in thousands of communities across America.

Even more alarming than the potential damage to business and industry are the potential, unintended safety consequences for motorcycle and ATV youth riders. As you know from our extensive work with the CPSC on youth ATV safety, our members are very concerned about the safety of young ATV and off-highway motorcycle riders. It is of upmost importance that young riders only ride appropriately sized machines. We’ve joined with the CPSC, the industry and other user groups to promote this important message. To suddenly eliminate the availability of all ATVs and motorcycles designed for riders ages 12 and under is counterproductive to all of the work that we have done together to promote youth rider safety. If emergency relief is not granted immediately, some consumers will very likely purchase vehicles that are physically too large for young riders, exposing them to unnecessary risk.

In summary, an unreasonable and rushed implementation of the CPSIA is unwarranted and unnecessarily harmful to the motorcycle and ATV riding communities, and may negatively affect youth motorcycle and ATV safety.

We respectfully request that you grant the manufacturers’ and distributers’ petitions for emergency relief and temporary exclusion from the lead limits of the CPSIA.

Sincerely,
Edward Moreland
Vice President, Government Relations

[90cc DAD]

Thanks... It is nice to know they are trying.
I was beginning to wander!!
I feel much better now!!

I was hopeing the AMA/ATVA would do something!!

[mxdad423]

Your welcome, it took me a little while to find it but I figured they was on it. Like I said, I will always give credit where credit is due, and out of every club I have ever belonged to over my 32 year life the AMA /ATVA always seems to be there when they need to be. So lets just hope they can get this resolved so our kids that love this sport so much can get back on the track and do what they love to do.

Kevin Smitley

[mxdad423]

I set at my computer until 2am last night typing letters to congress, I sent over 10 letters to 10 differant congressmen, representitives, and yes even our new President Obama. I think this is what we all need to do to help our own cause. Never know your letter may be the one to make the differance. JMO.

Kevin Smitley

[Ryko racing]

I HAVE BEEN TOLD THAT CPSC CANNOT ADDRESS OUR ISSUES AS THEY ONLY ENFORCE THE LAWS. WE MUST CONTACT OUR ELECTED LAWMAKERS WITH OUR PETITIONS AND LETTERS.

ALSO THERE ARE A FEW COMPANIES THAT ARE EXEMPT DUE TO A COMPETTITON VEHICLE ONLY STATUS.

COBRA IS LEGAL DUE TO ITS SMALL SALES VOLUME AND COMPETITON ONLY STATUS. ( THAT IS FROM COBRA)

LETS KEEP SENDING THE LETTERS AND EMAILS TO EVERYONE THAT SUPPOSEDLY WORKS FOR US.

[mxdad423]

Ok guys this should answer some questions, this is a response I got today from Senator Bob Casey. They put the one year stay through as you will read. Also I spoke to a couple of people that spoke to Doug Morris and Doug said that it would not have any affect on the racing, there was NOT going to be any youth classes removed, so I think the worries are over for now. I hope anyway.

Kevin Smitley






Dear Mr. Smitley:


Thank you for taking the time to contact me with your concerns about the implementation of the Consumer Product Safety Improvement Act of 2008. I appreciate hearing from all Pennsylvanians about the issues that matter most to them.

The Consumer Product Safety Improvement Act of 2008 (CPSIA) was signed into law on August 14, 2008. The purpose of the legislation is to provide safeguards to prevent dangerous goods from being manufactured and sold to children through better screening of noncompliant products and more effective product recalls. I supported this legislation because I believe it promotes greater safety in children's products.

Originally the law was set to take affect on February 10, 2009. However, due to ongoing questions about the law's interpretation and implementation, the Consumer Product Safety Commission (CPSC) issued a one year stay of enforcement for certain testing and certification requirements. Under this new timeline, manufacturers and importers of children's products do not need to test or certify the requirements set by the CPSIA until February 10, 2010. Please be advised that retailers are still expected to meet the lead and phthalates standards but will not have to test or certify that each product meets the new standard. This action follows an earlier decision on January 8, where the CPSC announced an exemption for resellers, determining that thrift and consignment stores are not required to test products prior to resale. As always, businesses that resell children's goods are encouraged to exercise judgment in removing noncompliant products and continue to follow all product recall advisements.

I understand that there are concerns within the motorcycle industry about the impact of this legislation on youth models of ATVs. The Consumer Product Safety Commission continues to refine the regulations through an on going rule-making process. I will continue to monitor the rule-making decisions of the Commission and promote quick decision-making so that businesses have an adequate time frame to respond to the new regulations. If you have specific questions about the law, please visit the Consumer Product Safety Commission's website at www.cpsc.gov/cpsia or call (301) 504-7923 to speak with a Commission representative.

Again, thank you for sharing your concerns with me. Please do not hesitate to contact me in the future about this or any other matter of importance to you.

If you have access to the Internet, I encourage you to visit my web site, http://casey.senate.gov. I invite you to use this online office as a comprehensive resource to stay up-to-date on my work in Washington, request assistance from my office or share with me your thoughts on the issues that matter most to you and to Pennsylvania.



Sincerely,
Bob Casey
United States Senator

[quadrider79]

Originally posted by mxdad423
Ok guys this should answer some questions, this is a response I got today from Senator Bob Casey. They put the one year stay through as you will read. Also I spoke to a couple of people that spoke to Doug Morris and Doug said that it would not have any affect on the racing, there was NOT going to be any youth classes removed, so I think the worries are over for now. I hope anyway.

Kevin Smitley






Dear Mr. Smitley:


Thank you for taking the time to contact me with your concerns about the implementation of the Consumer Product Safety Improvement Act of 2008. I appreciate hearing from all Pennsylvanians about the issues that matter most to them.

The Consumer Product Safety Improvement Act of 2008 (CPSIA) was signed into law on August 14, 2008. The purpose of the legislation is to provide safeguards to prevent dangerous goods from being manufactured and sold to children through better screening of noncompliant products and more effective product recalls. I supported this legislation because I believe it promotes greater safety in children's products.

Originally the law was set to take affect on February 10, 2009. However, due to ongoing questions about the law's interpretation and implementation, the Consumer Product Safety Commission (CPSC) issued a one year stay of enforcement for certain testing and certification requirements. Under this new timeline, manufacturers and importers of children's products do not need to test or certify the requirements set by the CPSIA until February 10, 2010. Please be advised that retailers are still expected to meet the lead and phthalates standards but will not have to test or certify that each product meets the new standard. This action follows an earlier decision on January 8, where the CPSC announced an exemption for resellers, determining that thrift and consignment stores are not required to test products prior to resale. As always, businesses that resell children's goods are encouraged to exercise judgment in removing noncompliant products and continue to follow all product recall advisements.

I understand that there are concerns within the motorcycle industry about the impact of this legislation on youth models of ATVs. The Consumer Product Safety Commission continues to refine the regulations through an on going rule-making process. I will continue to monitor the rule-making decisions of the Commission and promote quick decision-making so that businesses have an adequate time frame to respond to the new regulations. If you have specific questions about the law, please visit the Consumer Product Safety Commission's website at www.cpsc.gov/cpsia or call (301) 504-7923 to speak with a Commission representative.

Again, thank you for sharing your concerns with me. Please do not hesitate to contact me in the future about this or any other matter of importance to you.

If you have access to the Internet, I encourage you to visit my web site, http://casey.senate.gov. I invite you to use this online office as a comprehensive resource to stay up-to-date on my work in Washington, request assistance from my office or share with me your thoughts on the issues that matter most to you and to Pennsylvania.



Sincerely,
Bob Casey
United States Senator

I received the exact same email 2 days ago.