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New Lead Law Hurting Motorcycle Industry
By Lee Logan, Associated Press Writer
Manufacturing.Net - March 05, 2009

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JEFFERSON CITY, Mo. (AP) -- Larry Neill has $118,000 worth of small motorcycles and all-terrain vehicles sitting on his lot in Missouri's capital city. He'll be fined if he sells any of them.

Neill, who owns Larry's Motor Sports in Jefferson City, cannot sell or repair the bikes because of a new federal law that bans lead from all toys intended for children younger than 12, including small motorcycles and ATVs.

"These little products are the gateway to our business," Neill said. "When some bureaucrat in Washington decides we can't even sell these products, it's just pretty unfair."

Neill isn't alone. A national motorcycle trade group says dealers across the country cannot sell roughly $100 million worth of the child-sized bikes. Including parts, service, accessories and personnel, the market could lose nearly $1 billion annually, according to the Motorcycle Industry Council.

The federal law, which took effect Feb. 10, bans lead above a minuscule level in children's toys. The trade group wants federal regulators to exempt motorcycles from the law because they don't pose a threat to kids.

"Kids don't eat or lick ATV or motorcycle parts," said Paul Vitrano, a lawyer for the trade group.

Vitrano said he's skeptical that the U.S. Consumer Product Safety Commission will grant that exemption.

Commission spokesman Joe Martyak said the law is written so narrowly that the agency would be hard pressed to grant a waiver. The law says exemptions can be granted only to products that do not result in any -- not even a tiny amount of -- absorption of lead.

"If the word 'any' were missing, that would leave more flexibility to the agency," he said. "That's traditionally the way the agency has operated."

Martyak said only Congress, not the commission, can make that kind of change.

ATVs and dirt bikes aren't the only problems. Martyak said libraries cannot lend children's books printed before 1980 that contain lead in the ink. Thrift shops are barred from selling some clothes because of lead in zipper clasps. Many bicycles can't be sold because the valve stem on the tires contains a small amount of lead.

"It has picked up an enormous amount of things in the safety net," he said.

Neill was with a group of Missouri lawmakers and young bikers at a news conference Wednesday to raise awareness of the issue.

If motorcycles are not excluded from the federal law, Neill said manufacturers would most likely buy back the bikes and ship them to Canada or Mexico. In the future, companies probably would decorate the bikes intended for sale in the U.S. with a different kind of paint.

But Vitrano said there is no adequate substitute for lead in some motorcycle parts. He argued that because most of those parts are in the engine, they pose little threat to children.

Besides simply prohibiting vehicle sales, the law also says repair shops cannot fix the bikes or sell replacement parts containing lead. Shop owners say that simply doesn't make sense.

"Who's ever heard of a child getting lead poisoning from chewing on a wire harness?" said Craig Silvers, who owns the Motorcycle Doctor in Camdenton.


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typical government knee jerk reaction.  3/5/2009 1:29:00 PM
What a bunch of moron's we have in congress.
typical BS  3/5/2009 4:50:00 PM
When will we learn to keep these idiototic people from positions of power
Older Electronics, Computer UPS, etc.  3/5/2009 4:58:00 PM
Let's see...any consumer electronics targeted at children couldn't be (re)sold or repaired, either. Lead-based solder...keep the kids safe from eating circuit boards. Don't let them have an uninterruptible power supply for their PC, either. Those have lead-acid (gel-cell) batteries and little Johnny might think it's Jello... What about the light bulbs in flashlights, etc.? The little pointy contact used to be tin/lead solder. You make broad laws, they have broad consequences!
Lead in bikes and ATVs  3/5/2009 5:20:00 PM
For decades science has pointed to the fact that lead is a persistent poison. Doesn't anybody pay attention to this? Manufacturers must have known this law was going to take effect. So now we have idiots in Washington as well as the manufacturing community. So when you have [idiots]^2 that = disaster.
Bozo's in Charge  3/5/2009 5:28:00 PM
When is the last time you saw a kid eat a motorcycle or a book? What a bunch of idiots!
12 year olds????!!!  3/5/2009 5:42:00 PM
I don't see many 12-year-olds chewing on any kind of toy. What idiot decided that was a good age cut-off? Protecting children under 5 would have been perfectly adequate.
glass empty, not half full  3/5/2009 5:49:00 PM
I just attended a webinar on the CPSIA and from my understanding, the current lead limit is 600 ppm, then 300 ppm by August 2009, then 100 ppm by August 2011. This limit also only applies if the child (age 12 and under) has access to the part, which I doubt most people would assume a "child" will have access to the interior of the motorcycle engine. While I agree the CPSIA is definitely restrictive in some parts, I wonder if other commissioners agree with the ultra restrictive view of Martyak? And Mr. Vitrano is rattling sabres to protect his client. A case of throwing the baby out with the bath water because you don't like the temperature of the water. What do you want, no restrictions?
Where are we headed?  3/5/2009 5:52:00 PM
Isn't this the same government that wants to take over our health care system? "Sorry sir, you don't qualify for that life saving operation because of the way that the law was written. I'm afraid we can't make any exceptions. Next please." Doesn't anybody see where we're headed as a country with this "Nanny State" mentality. If we let this madness continue, then we can only blame ourselves.
What about water, fire, gas and electricity?  3/5/2009 9:59:00 PM
Is any child ever drowned by water, shocked by electricity, hurt by car accident and burned by house fire? The congress should ban the use of any water, electricity, gas, car and house altogether in USA!!! Anything we are using now is just too dangerous to a child.
politicians  3/6/2009 7:35:00 AM
These are the same bunch of "brilliant" minds that brought us the stimulus package. If they can't handle a simple lead control bill what makes the American people think they can handle a 1000+ page bill distributing 787 billion dollars of our money? No wonder the market is tanking. No confidence in our lawmakers to get it right.
Problem is....  3/6/2009 7:52:00 AM
It's gotten to where anyone intelligent wants nothing to do with politics. This will raise the price of childrens items, then we'll need a liberal democrat program to help pay for these items for "poor" people.
Americans voted for Change  3/6/2009 7:57:00 AM
Americans voted for change and they got it. Vote in lawyers and liberals that have no concept of business an manufacturing and you get an administration that does things like this. We get the goverment we vote for. Next time, maybe business will actively support pro-business candidates instead of hiding their heads in the sand.
NOT A TOY  3/6/2009 8:03:00 AM
The motorcycles and ATV’s need a warning label that says that they are not toys. !!WARNING!! This is not a toy and should be used only with adult supervision.
Lead in motorcycles  3/6/2009 9:13:00 AM
One nation under fruits and nuts
WOW  3/6/2009 9:37:00 AM
I have often wondered what kind of statistical data was used in some of the decision making our lawmakers have used. Is the data flawed or did it not get used? My guess is with hearts on sleeve and not a bit of common sense they plowed forward.....into the abyss
RE: Americans voted for change  3/6/2009 10:00:00 AM
Did the present administration pass this rule ? Seems doubtful to me - my guess is it was inherited from a previous adminsitration...
too much government ...  3/6/2009 10:02:00 AM
"You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered." -- Lyndon B. Johnson (1908-1973) 37th US President (1963-1969) http://quotes.liberty-tree.ca/quote_blog/Lyndon.Johnson.Quote.A221 "My reading of history convinces me that most bad government results from too much government. That government is best which governs least." -- Thomas Jefferson (1743-1826), US Founding Father, drafted the Declaration of Independence, 3rd US President http://quotes.liberty-tree.ca/quote_blog/Thomas.Jefferson.Quote.A223
UNFREAKINGBELIEVABLE  3/6/2009 10:08:00 AM
Makes me wonder how much lobbying the Sierra Club invested in this new law. These law makers may not have any common sense, but they're not totally stupid....they knew exactly what would be banned.
Head in sand Dems  3/6/2009 10:12:00 AM
Many of my friends are involved in the motorcycle industry, and we were aware of this bill when it was written. It was understood that the Consumer Product Safety Commission ("CPSC") was taking the time to review the law and logically implement it. However, the Botox Babe (Pelosi) with the administration for "change some of you believed in" came in and demanded immediate implementation. Basically, the Dems threw logic out the door when they came into power. This looks more like an end around payoff to the environmental lobbies, effectivly stopping the next generation of riders. The other bans are unfortunate bystanders. See www.tomself.com And to "Glass Empty Dude", It isn't a matter of no restrictions, it's a matter of logic!!! It's a matter of performing the due diligence BEFORE implementation. Don't you agree that a lot of us here seem to have survived that menace lead? Why the sudden urgency? And to "American's Voted for Change". A lot of effort went into defeating the "choosen one", did you ever look at a map of COUNTIES won by Obomba? He basically only carried the big cities where he "bought" the votes of the poor... And to "Not a Toy", those labels are already there...
Didn't Know Bikes Are Considered "Toys"...  3/6/2009 1:25:00 PM
Didn't know motorcycles are considered "childrens' toys". They require lot more commitment from even the youngsters as they could end up hurting them. Why don't we modify the category of the motorcycle as toys?
lead legislation  3/9/2009 9:21:00 AM
We elected the liberal bozos in the present Congress. Now try & get rid of them. This is typical of the law of unintended consquenses by central control.
Give Me Libertarians  3/12/2009 4:27:00 PM
What we need is to get another party into the political system. This bickering and tug of war between the two "rulling" parties iswhat is dragging this country down. We need libertarians in there to get rid of this kind of legislation. We do not need our government protecting us from ourselfs. FYI this ban on lead was passed last July. So you can't blame the current pres. http://uspolitics.about.com/b/2009/02/09/congressional-ban-on-lead-in-toys-has-unintended-consequences.htm http://www.usatoday.com/news/health/2008-08-14-lead-toys_N.htm Perhaps the motorcycle industry needs to changet heir market stategy. They couls say that the motorcycles,snowmobiles atvs and bicycles (air valve)are intended for the over 12 year old "young adults".
TOYS  3/29/2009 3:35:00 AM
YOU PEOPLE HAVE IT ALL WRONG. ITS NOT ABOUT PAINT, NOR LEAD ITS ABOUT THE MONEY ,, THIS THE WAY THE CAN JACK UP THE PRICE ON NEW. STUFF , STRANGE THAT i NEVER HEARD THAT THE ARE GOING TO BUY BACK MY OTHER TOYS WITH THAT LEAD. ITS OK FOR THOSE , NEW GOVERNMENT MORE TAXES ON ITEMS.
Here ya go, MORONS!  3/31/2009 5:20:00 PM
http://www.msnbc.msn.com/id/26199580/ For those of you blaming the "liberals" maybe you should take a second and learn who signed this bill.
The real issue  7/16/2009 9:33:00 PM
What is wrong with you people? The danger to begin with is letting children on a motorcycle. If that isn't dangerous enough to take a child's life, I don't know what is. I am glad there is a way to make it against the law for under 12 but I wish it was for under 21. I can't believe people are griping because something has been passed to protect children. You people are probably doing enough showing off without patting yourself on the back because you could afford to buy your cild a motorcycle to have something to brag about. Brag about your child's education, what a wonderful young person they are. With so many great things for young people to do, why encourage them to get hurt or killed?


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