Posts Tagged ‘dirt bike’

Latest CPSC Action Simply Is Not The Answer

May 5, 2009

Two-Year Stay of Enforcement Doesn’t Solve Problem

Congress Should Fix Poorly-Written CPSIA Law


joedelmont

Joe Delmont

The CPSC’s recent promise not to enforce for two years a legal ban on the sale of kid’s ATVs, dirt bikes and snowmobiles and related parts, garments and accessories just doesn’t cut it. I’m sorry, but the move is woefully inadequate.

The vote Friday by commissioners Nancy Nord and Thomas Moore is simply the latest step in this silly dance between Congress and the Consumer Product Safety Commission. The awkward two-step is called the Consumer Product Safety Improvement Act (CPSIA) that was passed last year.

The dreadful legislative effort bans the sale of toys designed for children ages 12 younger that fail to meet several safety standards. The lead limit is 600 parts per million in parts that are accessible to children. The ban became effective Feb. 10, 2009.

Congress says the law gives the CPSC authority to grant exclusions where appropriate— in the case of brake cables, for example. The CPSC responds by calling the law poorly written, and says it is unenforceable.

Retailers and manufacturers from many industries are caught in the middle.

Today, the situation is in a shambles. Some powersports manufacturers are selling products that have been modified or reclassified for youngsters aged (more…)

Dealer Is Mad As Hell About Kid’s ATV Ban

March 16, 2009

*****EDITOR’S NOTE: Malcolm Smith has changed the time of his protest to 4 p.m. rather than 6 a.m. to accommodate those who want to attend. From his website kidslove2ride.wordpress.com “Due to numerous requests from Malcolm’s supporters far and wide, we have changed the timing of the event.”

So He’s Going To Sell Kid’s Machines on March 19

Remember that classic old movie from 1976, Network? If you do, you’ll remember the famous line from Howard Blake’s network anchor character, “I’m mad as hell, and I’m not going to take it anymore.”

That’s the way Malcolm Smith feels about the current ban prohibiting the sale of kid’s ATVs, motorcycles, and related parts, garments and accessories. That’s why he plans to take some drastic action.

Malcolm is putting his money where his mouth is. Literally. He’s challenging the ban by selling

Malcolm Smith

Malcolm Smith

kid’s machines out of his dazzling powersports dealership in Riverside, Calif., on Thursday. (The sale begins at 6 am PST, March 19, 2009.)

The move could cost him big bucks, a lot more than he’ll get selling a few little dirt bikes. Fines can run as much as $100,000 per violation, up to $15 million, and there are criminal penalties involved, as well. For you non-lawyers, that means, worst case, that Malcolm could end up in jail, if authorities decide to get really nasty.

When I talked with Malcolm today, I asked him what would happen if the authorities come in Thursday and tell him to stop selling. The cagey veteran, avoided a direct answer, but I could almost see him smiling over the phone: “It’ll make a good show,” he said softly.”

He told me that he’s not certain what he’ll do after Thursday. “It depends on what other dealers do,” he says. “I don’t want to be the only one that is completely out of business.”

For those of you who have not been following the ban, here’s the deal: The Consumer Product Safety Improvement Act (CPSIA), passed last year, put strict limits on the amount of lead contained in products made for youths aged 12 and younger. The Consumer Product Safety Commission (CPSC) was charged with implementing the law.

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Top Dealer To Challenge CPSC Lead Content Rule

March 14, 2009

*****EDITOR’S NOTE: Malcolm Smith has changed the time of his protest to 4 p.m. rather than 6 a.m. to accommodate those who want to attend. From his website kidslove2ride.wordpress.com “Due to numerous requests from Malcolm’s supporters far and wide, we have changed the timing of the event.”


Malcolm Smith To Sell ATVs Next Thursday In Protest

Fines Could Be $100,000 Per Violation

Well, the battle for the right to sell kid’s ATVs and motorcycles continues to heat up, and it could come to a boil next week.

California motorcycle dealer and industry icon Malcolm Smith says he plans to sell kid’s ATVs and motorcycles to consumers next Thursday (6 am PST, March 19, 2009) in protest against a federal law that limits the amount of lead that can be contained in products made for children 12 and younger.

The sales could be expensive. The law calls for fines up to $100,000 per violation and a maximum of $15 million for a series of related violations. Jail time also is called for.

malcolmsmith_2008jpg-copy34And, according to one attorney who is very familiar with the law, there are also criminal penalties of up to five years in jail for a willful violation of the law.

The so called “lead content” provision is part of the Consumer Product Safety Improvement Act (CPSIA) passed last year. The law is enforced by the Consumer Product Safety Commission (CPSC).

The CPSIA and related rules developed by the CPSC ban the sale of ATVs and dirt bikes designed for children, ages 12 and younger. The ban became effective Feb. 10, 2009.

By one estimate developed by the Motorcycle Industry Council (MIC), the ban could cost the powersports industry as much as $1 billion this year.

Dealernews magazine, a leading industry business publication, estimates that the unsold inventory of machines and related parts, accessories and apparel that dealers have pulled off their showrooms and dumped in storage areas totals more than $100 million.

Smith’s planned protest is the latest step in the battle for the right to sell these small machines to youths.

The CPSC last week, in effect, tightened the restriction when it ruled that, under the law as written, products for children can’t contain ANY lead absorption into the human body, nor have ANY adverse impact on public health and safety, a seeming departure from the limit of 600 parts per million specified by the law.

Most machines have accessible components that contain some lead, especially those made with alloys such as aluminum and copper—valve stems, brakes, engine parts, for example.

This tough standard makes it virtually impossible for powersports companies to gain any exceptions, ones that Congressional leaders say are available under the law. Sen. Amy Klobuchar (D-Minn), a leading proponent of the CPSIA, told me that the agency has the authority to grant exceptions for ATVs and motorcycles.

The CPSC claims it can’t do that, and our industry is caught in the middle.

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One Small Word Ties Up ATV, Motorcycle Industry

March 12, 2009

CPSC Is Hung Up on Terminology In Child Safety Law
Battle Between Agency and Congress Continues

The Devil is in the details, they say, and that seems to be the case in the latest episode in the lingering battle between the Consumer Product Safety Commission (CPSC) and the rest of the world.

Yesterday (March 11, 2009) the CPSC published a final rule covering lead content in toys designed for children aged 12 and younger that virtually slams the door on industry efforts to avoid the foolish ban on kid’s quads, motorcycles and related parts, accessories and apparel items. The ban on kid’s toys was effective Feb. 10, 2009.

It all hinges on the three-letter word “any” that appears twice in the wide-ranging Consumer Product Safety Improvement Act (CPSIA) that became law last August.

The CPSIA was written to protect young children from eating small toys and jewelry that contained excessive amounts of lead, more than 600 parts per million. Good idea, but poor execution. It’s in those little detail thingees.

In its excitement and enthusiasm, Congress got carried away and extended the safety rules to everything from clothing and cribs to ATVs and motorcycles. Sen. Amy Klobuchar (D-Minn.) was one of the leading proponents of the bill.

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ATV Ban Could Cost $1 Billion This Year

February 24, 2009

That’s About $3 Million Every Day the Ban Continues

Here’s a nice round number that the CPSC (Consumer Product Safety Commission) might want to think about when it considers whether or not to drop the ban on kid’s ATVs and motorcycles: $1 billion.

That’s one estimate of the impact on the powersports industry if the ban were to last throughout 2009. It was put together by the Motorcycle Industry Council (MIC), the industry trade group based in Irvine, Calif.

“The potential losses for the powersports industry are massive at a time when this country cannot afford additional economic losses,” says Paul Vitrano, general counsel for MIC and its partner organization the SVIA (Specialty Vehicle Institute of America). “With these vehicles sitting in warehouses instead of on showroom floors, the related sales of most protective gear, accessories, and parts and services are virtually non-existent. Thousands of small businesses across America are impacted by this ban.”

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Deadline on Lead Content Rapidly Approaches

February 3, 2009

A Dealer Could Be Liable for Up To $15 Million In Fines

But Enforcement Is Another Question

The deadline for retailers to stop selling children’s products that violate lead content limits, set in a new consumer safety law last year, is only one week away.

Unfortunately, many powersports dealers apparently don’t realize that they could be liable for penalties reaching $15 million for violations of the law.

OK, that’s perhaps unlikely. But the Consumer Product Safety Improvement Act (CPSIA) calls for a maximum civil penalty of $100,000 per violation up to a maximum of $15 million for a series of related violations.

And, according to one attorney who is very familiar with the law, there are also criminal penalties of up to five years in jail for a willful violation of the law.

That’s a big OUCH.

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CPSC’s Recent Action Doesn’t Help Powersports

January 31, 2009

Dealers Still Face Feb. 10, 2009, Deadline

The Consumer Product Safety Commission Friday pushed back the testing and certification deadline for its lead content rule in kid’s ATVs to Feb. 10, 2010, giving dealers and OEMs an extra year to test and certify to the safety of products. That’s good news.

But this is the bad news: The action provides no real help to our industry because dealers still must obey the Feb. 10, 2009, deadline prohibiting the sale of kid’s products that exceed the lead content limit.

Here’s the situation, as explained to me by the CPSC today:

ALL PRODUCTS SOLD BY DEALERS INTENDED FOR CHILDREN 12 AND YOUNGER MUST COMPLY WITH THE 30 YEAR OLD LEAD PAINT STANDAND AND THE NEW TOTAL LEAD CONTENT LIMITS STARTING ON FEB. 10.

DEALERS ARE NOT OBLIGATED TO TEST, BUT THEY MUST ENSURE THAT THE PRODUCTS THEY SELL TO KIDS ARE SAFE AND IN COMPLIANCE WITH THE LAW.

In a nutshell, if a retailer has a product made for kids that does not meet the (more…)