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View Full Version : Quick update on the lead ban, MSR stands up for us



derekhonda
03-20-2009, 08:34 AM
http://usatoday.com/news/nation/2009-03-18-motorcycle-kids_N.htm

LOS ANGELES — Angry with a nationwide ban on sales of youth motorcycles and ATVs over lead concerns, one of the biggest dealers in Southern California plans to sell the child-size vehicles today despite potential criminal penalties.
Malcolm Smith, a Riverside, Calif., dealer and major figure in off-road motorcycling for four decades, is challenging federal officials to come and get him.

Smith, 68, says he plans to sell several of the youth-targeted vehicles to people who are already prepared to pay for them. He says he has told the Consumer Product Safety Commission (CPSC), the federal agency charged with enforcing the ban passed by Congress last year.

"I've been paying attention to all the rules and regulations, giving them some time to do something about it," Smith says. "They have no idea what this is doing to small businesses."

Since taking effect Feb. 10, the law passed has made it illegal to sell off-road vehicles and accessories — including used vehicles and replacement parts — aimed at children 12 and younger because of small amounts of lead in alloys used in parts of the vehicles. Smith says he is prohibited even from selling helmets and other safety gear aimed at youth.

Motorcycle industry leaders say the Consumer Product Safety Improvement Act of 2008 is costing $1 billion in retail sales and related economic impact. Like many other powersports dealers, Smith says, he is stuck with 45 to 50 youth vehicles that he cannot sell under the new law.

Paul Vitrano, general counsel for the Motorcycle Industry Council, the trade association of manufacturers, says his group last week presented evidence last week to the commission supporting an exclusion for off-road vehicles. He says toxicology evidence "demonstrates the lead in metal parts on vehicles present no risk to kids' safety because they do not result in measurable increases in blood lead levels."

Even so, he says, the commission had embraced "a very narrow and strict" interpretation of the new law, suggesting the mere presence of lead in parts was a violation of the standard for children.

"CPSC appears unwilling to grant us relief," Vitrano says.

Joseph Martyak, chief of staff to the acting chairman of the commission, says that the commission expects to make a ruling on whether to grant an exclusion "in the next week or two."

He says the panel has been inundated with letters, calls and e-mails protesting the ban — as many as 5,000 in one day.

Off-roading enthusiasts including Smith have ridiculed the ban, saying it defies logic because no rider or child is going to ingest motorcycle parts whether they contain lead or not.

"I've never yet seen one child chewing on a motorcycle," he says.

Smith says his buyers will be several prominent motorcycle industry figures, including a well-known helmet designer and a fellow racer who with Smith won the Baja 1000 off-road championship four times. Smith is a champion racer who starred with Steve McQueen in the 1970s documentary On Any Sunday, which glamorized the sport.

Although not endorsing the action, Vitrano says the manufacturers group is aware of Smith's plans.

"He, like many of us in the industry, is frustrated and concerned about the situation," Vitrano says.

250r rider 88
03-20-2009, 10:38 AM
Malcolm Smith is a hero and an icon to this sport, another reason I'll be wearing MSR this year and many years after

younggun95
03-20-2009, 11:01 AM
I agree, and Im glad Im an MSR sponsored rider.
Did anyone go look at Quad's article about it? They went and took pictures of the sale.

I love one of the kids shirts that says" I promise not to eat it, I just want to ride it"

feuerstack411
03-20-2009, 01:17 PM
Since taking effect Feb. 10, the law passed has made it illegal to sell off-road vehicles and accessories — including used vehicles and replacement parts — aimed at children 12 and younger because of small amounts of lead in alloys used in parts of the vehicles.Smith says he is prohibited even from selling helmets and other safety gear aimed at youth.

WTF??:huh

This ban = fail

stoopidbot
03-20-2009, 04:22 PM
For him to sell the machines, IF HE GETS CAUGHT, the first time is a $1,800 fine and everyone after that is 1.8 million.

Good luck with that.

Speedy 400ex
03-20-2009, 07:41 PM
Originally posted by stoopidbot
For him to sell the machines, IF HE GETS CAUGHT, the first time is a $1,800 fine and everyone after that is 1.8 million.

Good luck with that.

1.8 mill :eek2: :eek2:. This is so retarted at least hes trying. I want to go get some MSR gear now.

stoopidbot
03-20-2009, 08:27 PM
Originally posted by Speedy 400ex
1.8 mill :eek2: :eek2:. This is so retarted at least hes trying. I want to go get some MSR gear now. I love MSR stuff. The local A Cat dealer is still selling 50cc quads as the owner told them to continue. My buddy is the manage, and he told me they got the notice from some office saying that is what the fine were. The owner said **** it, let them catch me. i was there and he sold 3 at 300 bucks a piece. Cheap chinese models but hey.

SRH
03-20-2009, 08:36 PM
i dont get it, lead paint use to be all thru houses..... it didnt kill off the human race, im sure i was around lead paint...**** when we were kids we didnt know we played in a bag of asbestos.... way better than sand.....the only way i could see them getting caught is a undercover buy or if they had some knowledge of the inventory and then went after the smaller dealers it would never happen theyd have to subpoena the manufactuers for a record of the inventory etc shipped to each dealer and then see what the dealer had left

stoopidbot
03-20-2009, 09:19 PM
It wouldn't be hard at all. On Feb 10th all dealers turned in an inventory list of what they had. They were to be either turned in for testing and then if they past the test, which they wouldn't, they were good to sell. Or they were to be "taken care of".

So no it wouldn't be hard to get caught.

yam450_53
03-21-2009, 06:52 AM
This right here makes me want to buy MSR gear. It's good to see people like this support us and our sport from this RIDICULOUS ban. I just feel like going up to the person in charge and give him a good pimp slap, WAKE UP MORON!!!!!

edit: found an article about it on transworld

http://motocross.transworld.net/2009/03/19/malcom-smith-cpsc-lead-ban-protest/?show=gallery&nggpage=2&pid=49203

stoopidbot
03-21-2009, 07:05 AM
Originally posted by yam450_53
This right here makes me want to buy MSR gear. It's good to see people like this support us and our sport from this RIDICULOUS ban. I just feel like going up to the person in charge and give him a good pimp slap, WAKE UP MORON!!!!! Agreed, I think were are to the point were the legislatures that made this act no they were wrong but they don't want to feel/look like complete *******s and admit they were wrong.

reptikes
03-21-2009, 09:07 AM
Originally posted by 250r rider 88
Malcolm Smith is a hero and an icon to this sport, another reason I'll be wearing MSR this year and many years after

Couldn't agree more. I don't currently own or wear MSR. But you better believe when i can afford it i will have a whole line of MSR wear!!!!

JR3
03-21-2009, 11:18 AM
yea check out www.tomself.com

seems like a good state representative got the picture off of there


http://www.tomself.com/images/press_conference/2.jpg