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The saddest dirt bike day ever: February 10th, 2009
Dirt Bikes for kids soon to be illegal
Posted February 6 2009 06:59 PM by Jesse Ziegler
Filed under: Editorial

I’ve been trying to wrap my head around this for a while. If you haven’t heard by now, the government is days away from outlawing the sale of children’s motorcycles and ATVs.

We’ve seen streams of emails coming in from the AMA, Honda, the Motorcycle Industry Council and more. But what we haven’t seen are any updates, explanations or responses from the people behind the Consumer Product Safety Improvement Act, Congress or our new president.

Here’s a great rundown on the whole F*&%up courtesy of the friendly folks at Oset (the totally cool electric trials bikes) sent to Dirt Rider’s Chris Denison.

Hey Chris,

I don’t know if you’ve been following this, but there is a law coming into effect on Feb 10th 2009 that effectively bans the sale of a huge number of children’s products, including dirt bikes. Honda and Yamaha have both sent letters to their dealers telling them to remove the kid’s bikes from display, and to cease selling them. Even private sales will break the law. OSET sent a letter to dealers yesterday with the same information.

This is all to do with lead paint in kid’s toys. The Govt. had a knee jerk reaction and made a law that bans lead in quantities of 600ppm or more… not just in paint, but in ANYTHING that a kid of 12 or under might use. What’s worse, is that the law has been deemed to be ‘retroactive’, so all inventory is affected. A bike that satisfies the law today, will be hazardous on Feb 10th.

It turns out that lead in steel alloys is normal, and necessary in fact. It make the steel more ‘pliable’, easier to machine, bend etc. Steel alloys without lead are more expensive to use in manufacturing. Thus, many steel frames contain lead in higher than 600ppm, so the frames are now a ‘hazardous’ material. The lead in steel is insoluble, and wouldn’t come out in a million years, but the CPSC and Govt don’t seem to get that. There is also lead in valve stems, vinyl seats, cable housings & spoke nipples. All will be ‘hazardous’ as of Feb 10th.

We’ve obviously been keeping a close eye on this. There is one final chance that a ‘stay’ will be granted on Feb 9th that will delay implementation while the CPSC sort themselves out. There are petitions from all sorts of industries in to the CPSC and the Government. The MIC and AMA are both on it. Unfortunately, it appears to have become a ‘political’ issue rather than a safety issue. How many kids have you seen sucking on spoke nipples??

Here’s a NY Times article http://wheels.blogs.nytimes.com/2009/02/05/dirt-bikes/

Cycle News ran this: http://www.cyclenews.com/ShowStory.asp?HeadlineID=13414

Honda’s letter here http://www.cyclenews.com/ShowStory.asp?HeadlineID=13413

That was sent to me yesterday. As of today, not much has changed. Yes, there was stay awarded a few days ago. But it doesn’t affect the February 10th deadline. It only affects the actual testing of products that will be illegal once that deadline passes.

Scary? Damn right it is. If youth ATV and motorcycle sales stop in this down economy then expect to see less bikes in the 2010 shootouts.

Hell for Leather posted this update on Feb. 3rd that has a very serious and scary letter from Honda to its dealers on it.

http://http://hellforleathermagazine.co ... as-de.html

Call your state representatives of congress. Call your state senators. Call your local dog catcher. Call anyone that will listen to how ridiculous this is.

Now, more than ever, we need to stand up for our, and our kids’, right to ride.

Oh, and don’t eat motorcycles. It’s bad for you.

I can't see this law not changing, as technically any children's toy or book already on the shelf or in use (retail or library or pediatrician's play area) would have to be tested to be shown that it is in compliance. Lead is also used (or at least present) in (some) inks. Thus libraries have been considering closing childrens' sections as the libraries can't guarantee that lead above that level isn't present.

So, to say this is a law aimed at banning motorcycles and ATVs for children is somewhat misleading.

The law is poorly written as it:
- applies to end users, not just retailers, and
- does not take into account wether the hazardous substance is in a form that is hazardous (chromium is hazardous, but not when used to make stainless steel ...)

Looks like the stay is in affect for 1 year... I better go buy a couple for the kids. I wonder if this was in the stimulus plan

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http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html

FOR IMMEDIATE RELEASE
January 30, 2009
Release #09-115
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908


CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.

Significant to makers of childrenís products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers ñ large and small ñ of childrenís products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.

The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.

The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.

The stay does not apply to:

Four requirements for third-party testing and certification of certain childrenís products subject to:
The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
The ban on small parts effective for products made after February 15, 2009; and
The limits on lead content of metal components of childrenís jewelry effective for products made after March 23, 2009.
Certification requirements applicable to ATVís manufactured after April 13, 2009.
Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.
The stay of enforcement provides some temporary, limited relief to the crafters, childrenís garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.

Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our web site.

The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.

Please visit the CPSC Web site at www.cpsc.gov/about/cpsia/cpsia.html for more information on all of the efforts being made to successfully implement the CPSIA.

Statements on this vote by Acting Chairman Nancy Nord and Commissioner Thomas H. Moore are in portable document format (PDF).

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Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.

I don't think the intent of the law was to ban dirt bikes or ATVs for kids. It is just an example of unintended consequences of new laws, regulations, guidelines, etceteras. Now only criminals' kids will have dirt bikes...

I asked LCC about this today. Its illeagal to buy anything intended for a kid under 12 unless its certified. My understanding was the only thing certified at the moment was a suzuki lt50 fourwheeler. I ask if it matter if I was buying it for myself(a ttr50) and the response was sorry its illegal!

I read on another forum that you can't even buy parts for the smaller bikes now. WTF?

Sad but true. Now for the f..... up part. Not only parts but safety stuff as well such as helmets,chest protecter, and boots. Helmets might have lead in the paint and also has the two "D" rings for the chin strap. Boots could have metal in the buckels and most have the metal toe guard. And with the chest protecter....well it has metal screws and possibly metal buckles or clasp!
So you can still buy used for your kid. Lets say Billy gets an older 110cc fourstroke to putt around on. Dad takes Billy to the cycle shop for a helmet but they cant sell him one. If Billy is lucky his dad might go to Megalo Mart and buy a bicycle helmet that maybe didnt get caught in law because it has zero metal or already been deemed lead free. How well is it going to hold up to motorcycle use?
Thats if Billy's lucky! It could be more along the lines of Billy's dad saying "Well son just be careful and dont let your mom find out." In a week or so she catches him with out a helmet and of corse gets mad and chews out Billy. Billy explains cycle shop could sell helmet cause its dangerous and "ask dad! he will tell you" . Dad gets home gets home, then hear it from the wife and shes tells him "XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX EDITED FOR CONTENT XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX!" but he tells her thats how it is.
So after a couple days Billy tries jumping a small mound of dirt in back yard. He wrecks and breaks the fence and the horses are out neighbers yard but little Billy is out cold hurt. from lack of proper safety equipment. And of corse story gets ugly from here.........................



Oh dont ask about the breaking of the fence and the horses getting out because when I told my parents "at least I like wasnt knocked out cold or even hurt!" They will still be mad because you werent supposed to be on that dang bike when neither one of them was home. Its only funny now because supposedly Im older, more responsible, oh and mature.

Get prepared guys!

The "natural" toy manufactures (wood, bee's wax, plant dyes) will be required to test finished products vice the raw products used in production. They are pulling out of the U.S. market due to the cost of testing.

Next christmas will be oranges, nuts and candy. Just like the good ole days!

im pissed. stupid f**ing city people. guess for me the positive is one boy is almost on an adult sized bike and the other right around the corner. plus i have a shop full of little bikes. and plenty of hand-me down gear. my boys will be riding regardless of your big city laws. another postive for me, my collection of little bikes is going to go up in value. scary thing is, youre all just going to roll over and say its for the best. then theyre coming after all our bikes, cause after all, we're all too stupid to know its killing us with its lead content. roll over boys, makes it easier to stick it in. rant over.

Some more info on this subject and a petition letter to sign from Tom Self Missouri State Representative.

http://www.tomself.com/