MIC Exec To Address Congressional Committee

Legislative Solution To Lead Ban Is Sought

Paul Vitrano, an MIC executive and the face of the motorcycle industry in battling Washington’s misguided ban of lead in toys,  plans to tell a congressional committee this morning why the ban doesn’t work and how it can be fixed.

Paul Vitrano

Vitrano, general counsel of the Motorcycle Industry Council (MIC), is scheduled to address the House Energy and Commerce Committee, Subcommittee on Commerce, Trade and Consumer Protection at 10 am ET. He’ll be talking about the need to amend the Consumer Product Safety Improvement Act (CPSIA) that became law in August 2008.

You can listen to a live audio webcast of the hearing by visiting the House Energy and Commerce Committee website: http://energycommerce.house.gov.

The CPSIA is enforced by the Consumer Product Safety Commission (CPSC), and has virtually eliminated the sale of ATVs and dirt bikes designed for children under age 12. This enforcement has resulted in the unforeseen consequences of children riding adult-sized ATVs—a potentially fatal situation— as well as the needless loss of millions of dollars in business for the struggling U.S. powesports industry.

Vitrano plans to testify that the CPSC has acknowledged the ban could result in children 12 years of age and younger riding larger and faster adult-size vehicles, a known safety risk. The  CPSC’s own studies show almost 90% of youth injuries and fatalities occur on adult-size ATVs, according to the MIC.

“The real risk to children comes from banning youth models, not from the lead in certain components,” says Vitrano.

Proposed legislation that could permanently stop the ban will be discussed at the hearing. “The only permanent solution is a legislative solution,” says Vitrano.

Vitrano says he plans to “urge the committee to provide as much clarity as possible in developing a legislative solution so that the CPSC is left with no doubt about Congress’ intent to ensure the continued availability of youth model motorized recreational vehicles.” JD

Contact me with news tips and story ideas at
952/893-6876 or joe@dealernews.com.

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MIC Battles Excessive Government Regulation

Proposed CPSC Regs Could Effectively Ban SXS Vehicles

The Motorcycle Industry Council (MIC) is gearing up to address new and existing federal regulations this year that pose a threat to the powersports industry, said Paul Vitrano, MIC general counsel, in a speech to the annual meeting of the MIC today.

Paul Vitrano

He noted that the U.S. powersports industry is still fighting the CPSC ban on the sale of youth ATVs and motorcycles that do not meet lead requirements spelled out in the Consumer Product Safety Improvement Act (CPSIA) of 2008. At the same time, he said the CPSC is developing regulations that would  “effectively ban” off-highway, side-by-side recreational vehicles (ROV).

“The time is now to stop the (lead-based) ban once and for all,” he said. Noting that the CPSC has asked Congress for the flexibility to lift the ban on youth ATVs and motorcycles, and that there are indications that Congress is willing to solve “the unintended consequences of this well-intentioned, but ill-conceived law,” Vitrano told the audience that Congress has to amend the CPSIA to “exempt or permit exclusions” for ATVs and motorcycles.

Vitrano urged the gathering to take advantage of the MIC’s extensive multi-media campaign at the Dealer Expo to contact their congressmen in Washington. “We need your help to drive your dealers, employees, and customers to stopthebannow.com, so they can send a message to Congress,” he said.

Meanwhile, CPSC has proposed such strict new requirements on SXS vehicles that they could “effectively ban ROVs as we currently know them,” said Vitrano. “We need to convince the CPSC not to adopt design restrictive mandatory standards,” he said, “but rather work with industry to maintain… voluntary standards and to address behavior that is causing crashes and injuries.”

The powersports industry, through its Recreational Off-Highway Vehicle Association (ROVA), an affiliate of the MIC, has developed a voluntary safety standard for ROVs, according to Vitrano. “Even though the data is clear that over 90% of people who are seriously injured on UTVs violated at least one safety rule,” the CPSC still proposed restrictive mandatory federal standards on this segment of machines, Vitrano said.

Vitrano called on SXS stakeholders to send comments to the CPSC before its March 15, 2010, deadline on proposed rulemaking. ROHVA has created a site, rohva.org/anpr, which can be accessed from rohva.org, to help individuals submit comments. The ANPR (Advanced Notice of Proposed Rulemaking) site provides a variety of easy-to-use tools for researching and commenting on the proposed rules. JD

Conact me with news or story ideas at 952/893-6876
or joe@powersportsupdate.com

CPSC Issues Enforcement Stay

The Consumer Product Safety Commission (CPSC) said today that its two commissioners had voted May 1, 2009, to hold off enforcing the lead content provision of certain components in kid’s ATV, dirt bikes and snowmobiles for two years. The provisions were part of the Consumer Product Safety Improvement Act (CPSIA) passed last year. The ban on machines for youths 12 and younger became effective Feb. 10, 2009.

This means that the CPSC won’t enforce the ban on the sale of these machines and related parts, garments and accessories, although it’s unclear exactly what impact this action might have for powersports dealers who have not been selling the banned machines or for manufacturers that have stopped producing and selling kid’s machines. The ban still could be enforced by state attorneys general and other local officials.

Many dealers are selling kid’s machines that have been modified to meet the standard or that have been reclassified as being designed for kids aged 12 and older.

Look for more information on this site later today. JD

Contact me with news tips and story ideas
at 952/893-6876 or joe@powersportsupdate.com.