"MIC and SVIA thank CPSC Acting Chairman Nancy Nord and Commissioner Thomas Moore for
attempting to get youth model ATVs and motorcycles back on showroom floors, and for
acknowledging that the current ban on youth model ATVs and motorcycles creates a compelling
safety issue because it likely will result in children 12 years of age and younger riding larger and
faster adult-size vehicles, while, as the CPSC's staff scientists acknowledge, the presence of lead
in metal alloys in these youth models does not present a health hazard to children. The
Commission also acknowledges that children riding these vehicles only interact with a limited
number of metal component parts that might contain small amounts of lead, like brake and clutch
levers, throttle controls, and tire valve stems.
However, although the Commissioners' intentions are laudable, it is clear that the stay of
enforcement as drafted is a temporary stop-gap measure with conditions largely unrelated to
safety. It does not and cannot end the ban on these vehicles. Due to the highly restrictive
language of the CPSIA and the fact that the CPSC is not the only agency responsible for enforcing
the law, this stay of enforcement is simply inadequate in legal terms and leaves the industry
vulnerable to lawsuits and actions by federal and state agencies.
For example, because the CPSIA has now branded these products as ‘banned hazardous
substances’ due to their minimal lead content, they cannot be imported into the United States.
U.S. Customs and Border Protection is responsible for enforcing this ban, and CPSC’s stay cannot
and does not bind this separate federal agency to follow it. Nor would the proposed stay prevent
state Attorneys General from taking enforcement action against our member companies.
It is clear that the only way to obtain adequate and permanent relief for riders and the powersports
industry from the CPSIA’s lead content requirements is for Congress to take action. The CPSIA must
be amended to grant an exemption for youth ATVs, motorcycles and other off-highway vehicles, which
present no lead-related health risk to children. The industry supports categorical exemptions provided
by legislation introduced by Rep. Denny Rehberg (H.R.1587) and Senator Jon Tester (S.608).
MIC and SVIA urge Congress to end the ban of youth model ATVs and motorcycles once and for all by
amending the CPSIA.”
The Motorcycle Industry Council is a not-for-profit, national trade association representing
manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories,
and members of allied trades such as publishing companies, advertising agencies, insurance firms and
The MIC is headquartered in Irvine, Calif., with a government relations office adjacent to Washington,
D.C. First called the MIC in 1970, the organization has been in operation since 1914.
Since 1983, the Specialty Vehicle Institute of America® has promoted the safe and responsible use
of All-Terrain Vehicles through rider training programs, public awareness campaigns, and state
legislation. The SVIA also serves as a resource for ATV research, statistics, and vehicle standards. The
SVIA, based in Irvine, Calif., is a not-for-profit trade association sponsored by Arctic Cat, BRP, Honda,
Kawasaki, KTM, KYMCO, Polaris, Suzuki, Tomberlin, Tomoto and Yamaha. For membership
information, call (949) 727-3727. For safety information or to enroll in the ATV RiderCourseSM nearest
you, visit www.atvsafety.org and click on "Online Enrollment" or call (800) 887-2887.
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