Dear Members:

The CPSC's "Stay of Enforcement" announced yesterday 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 and their dealers.

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 offhighway vehicles, which present no lead-related health risk to children.

We must intensify our legislative efforts to support categorical exemptions provided by legislation introduced by Rep. Denny Rehberg (H.R.1587) and Senator Jon Tester (S.608).

Please visit "Stop the Ban Now " website for the latest CPSIA news, current updates, links to resources and several options for contacting Congress to urge support for these two bills which would exempt the powersports industry from the lead ban. Please pass on this information to your friends, colleagues, employees, customers and interested others. Feel free to use any of these resources.

Help get the word out by using the following link to access web banners to use on your sites (it will go to the main page which includes most recent CPSIA updates and a link to an automatic email and letter generator with specific messages from parents, riders and enthusiasts, parents of racers and dealers). We need everyone to help get this issue resolved.

Take a look at the links at the bottom of this message; Honda, Helmet House and Leo Vince have done a great job getting the word out about the lead ban. Keep up the good work.

Keep updated on efforts to Stop the Ban on Twitter, follow username: paulvitrano.

Best regards,

Tim Buche
President MIC

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