A new federal law enacted in February by the Consumer Products Safety Commission (CPSC) has hit the youth motorcycle and all terrain vehicle market hard: The new law prevents the sale of all products for children ages 12 and under that contains lead over specified limits, included in that ban are some widely popular ATVs and bikes. The youth ATV category is the fastest-growing ATV sales segment.

The new regulations will apply to all current inventories, future production at the commercial level, accessories and replacement and aftermarket parts.

Paul Vitrano, the Motorcycle Industry Council’s general counsel, says he is “not optimistic” the CPSC will grant exclusion for youth model ATVs and dirt bikes from the lead content provisions of the Consumer Product Safety Improvement Act. The ban on most youth ATVs and off-highway motorcycles has caused the powersports industry substantial harm and is a serious concern, Vitrano said at a press conference hosted by Rep. Tom Self of Missouri.

“Now the industry is caught in the middle of a fight between Congress and the CPSC,” Vitrano said. “Congress gave the CPSC the power to grant merited, common-sense exclusions, such as ATVs and off-highway motorcycles, from the lead standards. If CPSC believes its hands are tied because of the way the legislation was written, Congress needs to amend the law.

Two congressmen are looking to do just that. U.S. Sen. Jon Tester (D-Mont.) and U.S. Representative Denny Rehberg (R-Mont.) are each proposing legislation to reverse the law banning youth ATVs and motorcycles that contain more than 600 parts per million of lead, according to the Associated Press.
Tester says his bill will also exempt secondhand sellers, like thrift stores, from the ban on toys and other children’s products.

Officials with the CPSC say the group is reviewing its implementation of last year’s lead ban legislation. Rehberg has sent a letter to the agency, urging them to correct their interpretation of the law.

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