Archive for February 4th, 2009

MIC/SVIA Lead Fight Against CPSIA Lead Rule

February 4, 2009

Join Other Manufacturers In Seeking Deadline Change

The MIC is moving aggressively to convince the safety police in Washington that manufacturers and retailers need some real breathing room regarding the high visibility “lead content” rule as it applies to products made for kids.

We’re talking here about the implementation of the Consumer Product Safety Improvement Act (CPSIA) that became law last August. The law prohibits, for sale to children, products that contain excessive amounts of lead after Feb. 10, 2009.

There are two provisions in the law, one covering lead paint and the second covering lead content in the total product. The content provision is especially difficult because it applies to items such as steel frames, valve stems, batteries and cables, etc.

Last week, the MIC and its sister organization, the Specialty Vehicle Institute of America (SVIA), wrote to the CPSC explaining that the agency should exempt certain materials from the law. “Because small amounts of lead are unavoidable,” wrote Paul Vitrano, executive vice president and general counsel of the SVIA, “the (member) companies will need relief from the CPSIA requirements in order to continue to sell these products on and after Feb. 10, 2009.” CPSIA refers to the law itself, the Consumer Product Safety Improvement Act.


Crimebusters! Florida Dealer YouTubes to Catch Cretins

February 4, 2009

Isn’t the Internet a wonderful thing?

The owners of Pompano Pat’s Motorcycles in Daytona Beach are hoping that a surveillance video they posted on YouTube will help catch the two cretins who broke into the dealership and stole two scooters and two dirtbikes.

And when I write that they broke in, I actually meant that they BACKED A TRUCK THROUGH TWO GLASS DOORS. Not exactly your classic smash-and-grab.

Take a look here:

And here is surveillance footage of the two thieves casing the joint earlier in the day:

AMA Weighs in on Lead Content Rules

February 4, 2009

While we generally try to keep things lighter here on the DealernewsBlog, with the newsier stuff going to, the current debacle over CPSC’s new lead content rules is getting pretty heavy. On Monday, the AMA sent a letter to the agency asking for aama1 temporary stay on enforcing the rules, saying that pushing forward with the new lead law “will do irreparable harm to segments of the powersports industry.”

The following is the full text of the letter:

February 2, 2009

Acting Chairman Nancy Nord
Commissioner Thomas Moore
U.S. Consumer Product Safety Commission
4330 East-West Highway
Bethesda, MD 20814

RE: Consumer Product Safety Improvement Act

Dear Chairman Nord and Commissioner Moore:

The American Motorcyclist Association (AMA) is a not-for-profit organization, founded in 1924 and incorporated in Ohio. In partnership with our sister organization, the All-Terrain Vehicle Association (ATVA), we represent more than 300,000 motorcyclists and all-terrain vehicle (ATV) riders nationwide. Our members are interested in any action that may affect their enjoyment of motorcycle or ATV recreation. In this regard, we (more…)

Rhino Suits Beg the Question: Is Product or Driver to Blame?

February 4, 2009

The father of Michael Lane McCloud, passenger on a Yamaha Rhino that flipped over, landed on top of and killed the young man in August of 2008, filed suit in Dallas County on Monday.

Michael McCloud alleges that Yamaha Motor Corporation, U.S.A.,yamaharhino Yamaha Motor Manufacturing Corporation of America, and Yamaha Motor Co., Ltd., are negligent for failing to exercise reasonable care for the safety of plaintiffs by negligently designing, manufacturing, marketing and selling the vehicle without the necessary safety features.

The lawsuit further alleges Yamaha is negligent for failing to exercise reasonable care for the safety of plaintiffs by negligently designing, manufacturing, marketing and selling the vehicle without the necessary safety features.

What McCloud’s attorney, Rob Ammons of Houston-based Ammons Law Firm, failed to disclose in his Internet-posted press release was 1) how old the driver was, 2) in what manner the Rhino was being operated, and 3) whether the existing passenger restraints were being used.

One thing is for certain: Lawsuits pertaining to the Rhino side-by-side are mounting against Yamaha, and the OEM’s legal department is going to have to conduct a massive effort to defend the company from fault in a society where the call for litigation evidently trumps personal responsibility.