Bills May Beat ATV Lead Ban

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The Motorcycle Industry Council (MIC), along with the Specialty Vehicle Institute of America (SVIA), have announced support for two new bills that would overturn the ban resulting from the Consumer Product Safety Improvement Act (CPSIA) of 2008, aka the Lead Ban, which brought the sales of off-highway motorcycles and ATVs designed for kids 12 and under to an abrupt halt on February 10, 2009.

Although the MIC continues to believe that the Consumer Product Safety Commission (CPSC) has the power under the law and based on the scientific evidence submitted to grant the Industry’s pending exclusion petitions, the CPSC appears poised to deny these petitions. As a result, the MIC has intensified efforts to get Congressional support for a regulatory or legislative ‘fix,’ and is now strongly advocating two new bills that have been introduced, S. 608 and H.R. 1587. 

On March 17, 2009, U.S. Sen. John Tester (D-Mont.) introduced S.608 to amend the Consumer Product Safety Improvement Act of 2008 to exclude secondary sales, repair services and certain vehicles—including youth ATVs and motorcycles—from the ban on lead in children’s products, and for other purposes.

On March 18, 2009, in the U.S. House of Representatives, Mr. Rehberg, Mr. Burgess, Mr. Pomeroy and Mr. Simpson introduced  H.R. 1587 to amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain off-highway vehicles and for other purposes.

The MIC will continue to work with the sponsors to provide necessary relief to the powersports industry.  S. 608, as currently drafted, will stop the ban on vehicles intended for children ages 7-12.   The MIC and SVIA advocate for the exemption of vehicles intended for children ages 6-12 to ensure all current models again will be available, since many have been designed for ages 6 and up. 

“It’s time to start letting kids ride safely again on vehicles designed for their use, and finally put an end to this untimely economic debacle,” says Paul Vitrano, general counsel for the MIC and SVIA. “We’re very pleased to see that congressional action is being taken to end the ban, and we’re working with the bill sponsors to ensure these bills would provide immediate and critical relief to the powersports industry.”

The MIC urges its members, dealers, and enthusiasts to act now and show their support for S. 608 and H.R. 1587 by contacting their Members of Congress and appropriate committee members via