House bill approved to exempt kids' off-highway vehicles from lead law
August 01, 2011
The U.S. House has approved legislation
by a vote of 421-2 to exempt kids' off-highway vehicles (OHVs) from the
lead law that essentially bans the sale of those machines at the end of
the year, the American Motorcyclist Association reports.
Aug. 1, Reps. Mary Bono Mack (R-Calif.) and G.K. Butterfield (D-N.C.)
introduced H.R. 2715 to grant the exemption. The measure earned House
approval later in the day and now goes to the Senate for consideration.
The Senate is considering similar legislation -- S. 1448, the Consumer Product Safety Flexibility Act of 2011.
"This is excellent news for families around the nation who enjoy
responsible motorized recreation," said Rob Dingman, AMA president and
CEO. "Now the challenge will be to get our federal lawmakers to agree
on one version of the bill and to send it to President Obama to be
signed into law.
"It is vital that a lead-law exemption for
OHVs be signed into law not only because it will once again allow
families to enjoy riding together, but also so that children aren't
forced to ride adult-sized machines that they may not be able to
operate safely," Dingman said.
The legislation exempts OHVs
-- including kids' dirtbikes and all-terrain vehicles (ATVs) -- from
the Consumer Product Safety Improvement Act (CPSIA) of 2008.
The CPSIA bans the making, importing, distributing or selling of any
product intended for children 12 and under that contains more than a
specified amount of lead in any accessible part. It also requires all
children's products undergo periodic testing by independent
laboratories approved by the Consumer Product Safety Commission (CPSC),
which is responsible for implementing the law.
The CPSC has
delayed enforcing key portions of the law until after the end of the
year. Unless the CPSIA is changed by then, the sale of child-sized
dirtbikes and ATVs will effectively be banned.
The CPSIA was
designed to ban small toys with high lead content. But because of
broadly written language in the law, it has been interpreted to apply
to all products for kids 12 and under, including dirtbikes, ATVs,
bicycles, clothing and books.
The AMA has been at the
forefront of the fight to exclude child-sized motorcycles and ATVs from
the CPSIA for more than two years. The association has participated in
news events to focus media attention on the issue, lobbied on Capitol
Hill, and organized campaigns to encourage riders and parents to
contact their federal lawmakers and key decision-makers to exempt kids'
OHVs from the CPSIA.
As a result, every single member of
Congress, as well as members of the CPSC, has received powerful
statements from members of the AMA and the All-Terrain Vehicle
Association (ATVA), which is a partner organization of the AMA.
The AMA continues these efforts through its "Kids Just Want to Ride"
campaign. To get involved, and to see more of what the AMA has done for
the past two years in its efforts to exempt kids' OHVs from the CPSIA,
go to http://www.americanmotorcyclist.com/Rights/KeepKidMotorcyclesAndATVsLegal.aspx.