Latest on the CPSIA

There have been a few interesting posts and developments. Firstly, there's a great video of the Malcolm Smith protest on YouTube here.

Secondly, Cobra Motorcycles have been featured on Dealernews explaining why and how they are still selling bikes. It's an interesting approach, and one OSET are looking at closely to see if we can follow suit. We've met Sean at Cobra and he's a nice fella and clearly quite active on this issue. Hats off to Cobra for finding a way to keep doing business. The interview with Sean is here.

There have been a couple of reform bills introduced. The one by Senator Tester (S608) has a couple of major flaws. Firstly, it would only exempt products for kids from 7-12 (bye bye PW50s) and also does not exempt any used products (no retroactivity ammendment). A far better bill for the motorcycle industry is HR1587, which is unconditional. In fact, the bill is for the motorcycle and ATV industries only, so many other industries disputing and protesting the law would not be spared by it. However... it's the bill we want passed! Messages of support can go to the author of the bill, U.S. Rep. Denny Rehberg of Montana, and is co-sponsored by Rep. Michael Burgess of Texas, Rep. Michael Simpson of Idaho, and Rep. Earl Pomeroy of North Dakota. More information can be found here.

Finally, please send us you pictures with kids & bikes, holding protest placards to ian@osetbikes.com. There is an open hearing/protest in Washington on April 1st, and we want a slideshow of as many kids as possible holding up their protest signs!

Rick Woldenbergs blog talks about the rally/protest/hearings here, and specifically about the lack of Democrats willing or even interested in enacting/supporting change. This has been a HUGE and ongoing dissapointment to me.

Malcolm Protest Update.

The protest at Malcolm Smith Motorsports did not result in anyone being slapped with lawsuits or being carted off in cuffs, thank goodness. As far as I can make out, there has been no public comment by the CPSC. I'm sure Malcolm's intention was cojole the industry into standing up together in protest by continuing to sell machines, but so far, that hasn't happened.

More information on the protest can be found on Malcolm's 'Kids Love 2 Ride' site. Well done to Malcolm, to Troy Lee, to Jeremy McGrath and the many others who went along to support the protest. Audio interviews by the great Larry Huffman are here.

Malcolm Smith Leads the Rebellion

Motorcycle legend and head of Malcolm Smith Motorsports has stepped forward to challenge the CPSIA law by offering kids mini bikes and ATVs for sale this Thursday (1 day only). This is an incredibly ballsy move, and will be a strong indicator of the Government and the CPSC's reaction. If there is no legal action against Malcolm's store, does this open the door for the rest of us? Is this the tipping point? Is this the point at which we all stand up and protest this law by continuing sales? If we are confident the law will be fixed in the future, why can't we sell product now?

This story was broken by Dealernews here, and followed up on CPSIA-central here.

For those of you into details, video has been posted of round table hearings between the CPSC and both the motorcycle/ATV industries, and the bicycle industry. These meetings focus on legalities rather than safety... ie, 'can valve stems be made of titanium instead of brass?'.... there are a few moments where the industries question why they have to even address these issues when they're not actually related to safety. Why should we use more expensive, inferior materials when there are no safety consequences to the way we've all been doing it!

There's another call to action, this time from the AMA's Rob Digman here.

It's hotting up a little. We're waiting for more from Senator Dingell, who should have had his response from the CPSC by now. We have not yet seen the responses. We are now awaiting Thursday's sales event at Malcolm Smith's to guage reaction. Malcolm's legend, for me, has grown even more.

Ian.

Light at the end of the tunnel!

Below is from Cycle News:

By: Jean Turner

Photography By: Clay Long

Children rally for Washington's support on the issue of the youth OHV ban under the current CPSIA.

Motorcycle representatives were allowed to plead their case yesterday in a meeting before the CPSC in Washington D.C. prior to the Commission making its final rulings on the “Procedures and Requirements for a Commission Determination or Exclusion” under the CPSIA. In other words, motorcyclists were allowed one last chance to appeal to the CPSC on behalf of our industry.

Representatives from Honda, Kawasaki and Suzuki were present, among others, such as Paul Vitrano of the MIC and SVIA, who have been at the forefront of this issue since August 2008.

In the meeting, the CPSC reached its final rule on “Procedures and Requirements for a Commission Determination or Exclusion” (basically, they finalized the criteria for defining an exclusion under the CPSIA, which we’re hoping youth OHVs will fall under).

The final ruling was published in the Federal Register, and the list of exclusions included many of the aspects affecting youth OHVs including: “Lead used as an alloying element in steel; Lead used in the manufacture of aluminum; Lead used in copper-based alloys.”

An exclusion was also made for battery packs and light bulbs that are “inaccessible when the product is assembled in functional form.”

While this may all look sunny for the youth OHV industry, there’s a third exclusion that is proving to be problematic...

"The Commission may exclude if... lead in such product or material will not result in the absorption of any lead into the body..."

What’s the problem there? Well, the law says “any” and not “harmless trace elements.” The report put together by the MIC and SVIA which originally sought the exclusion, showed that a child touching parts of a dirt bike and then licking his finger would result in a trace amount of lead being absorbed into the body – we’re talking less than drinking a glass of water. Still, the CPSC is interpreting “any” to mean “none whatsoever.”

Believe it or not, that single word is the hurdle standing in our way.

---

In a conversation with Scott Wolfson, Deputy Director of Public Affairs for the CPSC earlier this morning, he explained to us what went on in yesterday’s meeting, where the CPSC stands on the issue and what will happen next.

CN: Tell us about yesterday’s meeting in Washington, D.C.
SW: There was a public meeting yesterday with the Motorcycle Industry Council and the SVIA – the video of which should be available tomorrow morning on [the CPSC] website. They presented their case to us. They put it in writing before, but they came before us to talk about an independent contractor that they hired to do an analysis of dirt bikes and ATVs, shared their thoughts on the issue, and of course, explained to us the consequences of what's going on all across the country.

CN: Does the CPSC know how heavily this is impacting our industry?
SW: Yes. We feel for the dealers. We know what they're going through. They have made the right decision to pull the youth models off of showroom floors and put them in storage for the time being. CPSC has never told them to throw them away. We want them to hold them and wait until we make a final decision. But at the same time we want everyone who has interest in this activity to understand, this is a very challenging issue for us. It is not cut and dry and I don't say that in the context of CPSC thinking that kids are chewing on their dirt bike. That is not the perspective we have. The issue we have to look at is the issue of hand-to-mouth contact. It's what this law calls for. We're asking questions and we're trying to glean information about exactly where the lead is in a dirt bike, [if it’s] accessible to the touch of a child, and one of the key questions that came up: Are there any design changes that can be made to remove lead from the process of manufacturing?

CN: I see here in the Federal Register that lead used as an alloy was listed under the exemptions. Wasn't that a key part of the original argument?
SW: Yes. When you see the video, you'll see that different representatives of some of the major companies – Honda was there, Kawasaki was there, Suzuki – they each had representatives speaking about the use of those metal alloys. Why do they need it, why is it in there, and that's now part of that analysis.

CN: What came out of yesterday’s meeting?
SW: No decisions were made yesterday. We are now processing the information that we received from them yesterday.

CN: Is resolving this a high priority for the CPSC?
SW: I would describe it as a fast-track issue for the CPSC right now. We’re taking weeks – not months. But I don't say that in the context of just ATVs and dirt bikes alone. I'm talking about the need for CPSC to finalize exemptions for any of the products that have requested an exemption under this law. As you probably well know, we've had news stories about books in libraries. We've had stories about children's clothing in thrift stores [being affected by the CPSIA].
There is a wide array of products and materials that have had requests for exemptions. We have already done an interim exemption for electronics in children’s products that are deeply embedded and non-accessible to the child. The reason for that is because in order to make electrical circuits, you need to use solder and there's lead in solder. So the exemption is only for those where the electronics are just deeply encased.
Another set of exemptions that we were allowed to do is for materials that are inherently lead-free, or have lead levels far below what the law calls for. So we're talking about wool and cotton and untreated wood, untreated leather, precious gems and steel. Well, the youth ATVs and youth dirt bikes don't fall under that category because there's already been admittance of lead in the product.
That brings us to the third exemption that congress is allowing us to do. That is for a case where it can be shown that there is not any - emphasize the word any - absorption... the law has the word "any," our staff here translated that word to mean "none". So no absorption of lead into the body. That's a challenging hurdle to cross over in an exemption. That's why we were asking the questions that we did yesterday and that's why the industry provided the information the way they did to us about where is the lead, how much is in it and what are the children touching as they get onto their dirt bike.

CN: That word "any" is the problematic thing in the law that CPSC is saying we need to appeal to Congress to change?
SW: Not for attribution to me, but yes, you're correct. That should be attributed to anyone on the outside who's characterizing the word "any" in a certain way. I can only present it as to what the law exactly says.

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For more information or to view a video of the March 11^th public meeting, visit www.cpsc.gov
(A link at the top inside of a green bar says: "Information on the CPSIA.” Look for the video to be posted inside the "What's New" section as early as March 13^th.)

MIC NOT Optimistic

We here at OSET wrote to the MIC and the AMA weeks ago, expressing our concerns with the Motorcycle Industry's response to the CPSIA issue. We politely suggested that it was time to ramp it up, that the MIC and AMA should be employing 'public relations' people and press officers to hammer on the door of every media outlet in the Country. We suggested that leaving the CPSC and Congress to bicker amongst themselves will not yield a solution. The only quick solution is for the Court of Public Opinion to vote that the law is insanely stupid... for awareness to rise up until Congress reaches breaking point. Politicians are like sheep. Once they realize they may end up looking out of touch and uninformed they'll all be calling for CPSIA reform. The reaction to our suggestion was non-existent in the case of the AMA (surprise surprise), while the MIC responded quickly with a phone call from the MIC President. The MIC represent their members (Honda etc) and are working for them. Fair enough. We were told to carry on raising awareness on a grass roots level.

The Motorcycle Industry has been vocal, but fractured. There appears to be no co-ordinated response. Why is this not on TV? It's a good story! The latest press release from the MIC illustrates my point:

Paul Vitrano, the Motorcycle Industry Council’s general counsel, says he is “not optimistic” exclusion for youth model ATVs and dirt bikes from the lead content provisions of the Consumer Product Safety Improvement Act will be granted by the Consumer Product Safety Commission (CPSC).

Vitrano said in a press release that CPSC commissioners voted on procedures for determining exclusions.

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 to restore common sense and make exclusions available for youth ATVs and dirt bikes.”

Yes, frustrating indeed. I will be writing to the MIC again later. My next suggestion is as follows:

If other industries are completely ignoring the CPSIA (bicycle industry etc), why can't we? Let's band together and tell Congress that we're all going to start selling again. They'll have to send us all to jail. I am Sparticus!

Ian.

What's really dangerous???

An interesting report points out the main causes of trips to the emergency room for kids age 5 and under. Oddly enough, lead in toys did not even make it on to the charts. The main culprit... shopping carts! The report below is from investigativemommyblogger.com.

Small children were rushed to emergency rooms an estimated 23,628 times because of shopping cart injuries in the U.S. in 2007 alone. Since so many plummet head-first to the floor, sidewalk or parking lot, two-thirds of those children had head injuries.

Shopping carts sent more children age 5 and under to the hospital than cribs, high chairs, walkers /jumpers, baby gates and changing tables combined, according to the CPSC’s NEISS Clearinghouse Database that tracks hospital visits according to product type.

Despite the major attention and public alarm over lead paint in toys that resulted in the enactment of the Consumer Product Safety Improvement Act, there were not even enough hospital visits due to all types of toy-related poisoning in 2007 to estimate a number in the NEISS database. The visits were so low that for all toys combined, the results are “NA.” An examination of several high-profile CPSC recalls of toys for risk of lead poisoning showed no injuries or incidents were reported in those cases.

Yet a major law was passed to tighten regulations on makers of children’s products, a law that has been heavily criticized as potentially putting small independent toy makers out of business.

Meanwhile, about 65 small children in the U.S. alone were rushed to emergency rooms daily because of shopping cart-related injuries.

Continue reading the Shopping Cart Dangers report…

Tell your Representatives the CPSIA will KILL children!

I'm not trying to be overly dramatic, but the CPSIA law banning kids dirt bikes and ATV's will result in serious injury and death to children if it is not fixed.

As just one example - if kids race MX bikes with blown out rear shocks that can not be replaced (because the dealerships are not selling parts), then pogo and face-plant from a great height, the potential for injury is great. If the same kids & dads can not go to their local shop and buy helmets, neck braces, boots, chest protectors etc (because the testing requirements under the law for the manufacturers are so costly), then the crashes could have dire consequences. The other option families have once the old kids bike is beyond 'bodged' repairs is to put their kids on bigger bikes that are still perfectly legal under the law (those bikes sold primarily for adults). Now we're back to the days when kids roll over full size ATV's and get crushed. Putting 10 or 11 year olds on fire breathing 250F's doesn't sound too clever, but it will happen if they can't ride their 85's. This law will KILL children!

Below is a reminder from Rick Woldenburg on how to contact your representatives. Even if you've called or written before... do it again!! Some numbers, of committee members, are on the right side of this page.

From Rick: You can find your Congressman and Senator using the TIA's advocacy webpage, see http://capwiz.com/toyassociation/dbq/officials/?zbrandid=4083%26zidType=CH%26zid=598563%26zsubscriberId=1001152853. On this site, just enter your zip code and you will see links for your Congressman and Senators. Once you enter your zip code, you will see a variety of options, including "Write your own message to Federal elected officials". By clicking through on the option of your choice, you will be able to write your members of Congress about the CPSIA and related topics.

Ian.

Chicago Motorcycle News Blog - Good Stuff

I've just discovered the blog of a fellow trials rider that I've crossed paths with in a few press rooms at World Championship events. Craig Gernhardt has clearly been following both the CPSIA fiasco and other important issues to motorcyclists for some considerable time. He researches and writes with a real journalistic flair, and is very information rich. Well worth a read. Craig is a great supporter of the Smage brothers... National Trials Champion Patrick, and multi talented Mini Moto Champion Phil, both of whom have also become politically active to resolve these devastating laws.
Craigs blog is linked on the right side of this page, or here.

Congressman Dingell see's reason??

Rob Wilson of CPSIA-Central has a copy of a letter from Senator John Dingell to CPSC Chairwoman Nancy Nord and CPSC Commissioner Thomas Moore here.

Senator Dingell appears to have a good understanding of the law, and is asking questions that could lead to the ammendments and exemptions our industry needs.

One question asks:

"Although some youth all-terrain vehicles (ATV's) and youth motorcycles are intended for use by children under 12 years of age, does CPSC beleive it is necessary that these products be tested for lead and phthalate content? Similarly, does CPSC believe that these products present a risk to children for the absorbtion of phthalates or lead?"

The letter addresses many of the issues faced by American businesses. This could be a very good sign. The letter concludes:

"Please provide your responses to my office by no later than the close of business on Friday, March 13, 2009. I intend to work with my colleagues in the House and Senate to resolve these issues, as well as call on Chairman Waxman and Chairman Rush to hold hearings on problems arising from the Act's implementation. Your responses to these questions will be invaluable in preparing Members of Congress for a frank discussion about several of the Act's apparent shortcomings".

Let's keep our fingers crossed that this is the beginning of the end!

A special email has been set up for comments to Senator Dingall. Express your support of changes to:

commentsfordingell@cox.net.

The responses will be gathered and delivered to the CPSC and to Rep. Dingell's office.

Ian.

Congressman Mike Simpson (OH) Requests Hearings

From www.motorcycle.com

Idaho Congressman Mike Simpson has requested hearings on the ban of children’s off-highway vehicles including motorcycles, ATVs and snowmobiles.

Congressman Simpson sent a letter to House Energy and Commerce Committee Chairman Henry Waxman to request an oversight hearing to explore the affects of certain mandates of the Consumer Product Safety Improvement Act (CPSIA) of 2008.

“Unfortunately, retailers are currently unable to sell children’s OHVs and have removed hundreds of thousands of dollars worth of merchandise from their showroom floors to comply with the new lead standards. They are not being reimbursed for this loss,” Congressman Simpson wrote in his letter. “I supported the CPSIA when it passed in the House of Representatives, but this law has begun to overreach its stated intent and focus, which was to prevent children from ingesting lead contained in toys, jewelry and similar harmful items. In this light, an exemption for children’s OHVs would be prudent.”

Congressman Simpson went on to say that to outlaw the sale of children’s OHVs in the current economic climate is irresponsible. Additionally, the Idaho Congressman says that banning these vehicles could cause other safety issues.

“Children may be forced to use adult machines,” Congressman Simpson writes. “Old machines needing repair will not be upgraded with new parts, because retailers cannot sell or install parts that contain lead.”

As expected, OHV groups are pleased with Congressman Simpson’s actions.

“This is welcome news, and we sincerely hope Chairman Waxman will grant Congressman Simpson’s request," says Don Amador, the BlueRibbon Coalition’s western representative.

To see a copy of Congressman Simpson’s letter, click here.