Thursday, March 26, 2009

Congress votes to close more than 2 million acres nationwide to off-highway vehicles

PICKERINGTON, Ohio -- By a 285-to-140 vote, U.S. House members on March 25 approved a bill that closes more than 2 million acres of public land nationwide to off-highway motorcycles, all-terrain vehicles and all other motorized vehicles, the American Motorcyclist Association (AMA) reports.

Following congressional maneuvering that breathed new life into the measure after it was defeated just a couple weeks earlier, the lawmakers approved H.R. 146, known as the Revolutionary War and War of 1812 Battlefield Acquisition Grant Program. This bill was formerly known as S. 22, the Omnibus Public Land Management Act of 2009.

Congress' first attempt to pass this measure, S. 22, was defeated two weeks ago in the House. However, following that defeat, the Senate leadership brought H.R. 146 to the floor, inserted the language from S. 22, and passed the bill on March 19 by a vote of 77 to 20.

It then went to the House for the March 25 vote.

"The measure unreasonably bans motorized recreation on 2.1 million acres of public lands by inappropriately designating it as Wilderness," said AMA Vice President for Government Relations Ed Moreland. "This is a sad day not only for responsible motorized recreation but also for a democratic process that is supposed to welcome public input and the opportunity for congressional review.

"For example, House members never debated more than 70 of the bills included in this package before the vote," he said.

The measure, which now goes to President Obama to be signed into law, consists of a daunting collection of more than 160 pieces of legislation and more than 1,300 pages of text.

Under the bill, areas where motorized vehicles won't be allowed include parts of the Monogahela National Forest in West Virginia; Jefferson National Forest in Virginia; Mount Hood, Badlands, Spring Basin and Copper Salmon areas in Oregon; Sabinoso in New Mexico; Riverside County in California; and Washington County in Utah.

U.S. Rep. Rob Bishop (R-Utah) noted in a House floor speech on Feb. 9 that "there are recreation restrictions in this bill.

"These (the AMA and other responsible recreation) groups' members include millions of off-highway enthusiasts, vacationing families, and small businesses involved in the system. And what they have pleaded with us to do is, quoting from the letter that many groups signed, 'It is our sincere hope that this Congress will develop a thoughtful approach to managing our public lands more than simply eliminating public access and creating additional layers of bureaucracy. Continued reasonable access to public lands is vitally important for current and future generations.'

"So why the rush on this particular bill?" Bishop asked. "And who are the losers, other than Americans who enjoy recreating on public land?"

Moreland warned that these kinds of threats aren't going to end.

"This land grab is just the latest effort by the federal government to restrict recreational access to America's public lands," he said. "AMA members responded to our calls to action and helped us shape the debate of this legislation.

"Our voice must grow stronger if we are to head off these and other threats in the future, and I encourage all motorcyclists to sign up for AMA's legislative alerts," he said.

Through the AMA Government Relations Department's Action E-list, riders can be notified by e-mail when they can make a difference on important issues. To sign up, go to the AMA website at www.AmericanMotorcyclist.com, click on "Rights," then "Issues & Legislation," and then "Action E-list."

Tuesday, March 17, 2009

Malcolm Smith Protest on Youth Ban

A recent press release from Resource Marketing announced Malcolm Smith was taking action against the kids bike ban under the CPSIA, and that he will lead a protest at Malcolm Smith Motorsports on Thursday, March 19.

The release stated: "Our hero and friend Malcolm Smith is mad as hell and he's not taking it any longer so he's committed to staging a protest against the latest CPSCI Act which restricts the sale of motorcycle and ATVs to kids."

But to call it a protest would be an understatement. There will be a bit more than picket signs and chanting... Come Thursday, Malcolm is going to disregard the ban and start selling youth OHVs. Jeremy McGrath, Jeff Ward and Troy Lee have already announced they plan to take part in the protest and purchase youth bikes from Malcolm Smith Motorsports on Thursday.

Right now, it's anyone's guess as to what the repercussions of this bold move will be, but one thing is for sure: Malcolm is not willing to spend another day not reacting to the CPSIA and the devastation it has had on the front lines of our industry - our dealers, who have investetd their lives into the sale of OHVs.

Following are the details of the protest event. Stay tuned to Cycle News for more info on the coming protest and futher developments on the kids bike ban under the CPSIA.

Protest Event Fact Sheet
Who: Malcolm Smith

What: Kids Love 2 Ride Protest

When: Thursday, March 19, 2009, 6:00am PST

Where: Malcolm Smith Motorsports

7599 Indiana Avenue, Riverside, CA 92504
http://www.malcolmsmith.com

Why: In defiance of the Consumer Product Safety Improvement Act of 2008 which prohibits the sale of youth motorcycles and ATVs deemed unhealthy for children under 12 due to suspected high-levels of lead content, motorcycle dealer Malcolm Smith will sell these banned vehicles as a sign of protest. As a sign of support, a group of small business people and high-profile motorcycle industry celebrities, including racers Jeff Ward and Jeremy McGrath, Glen Helen Raceway owner Bud Feldkamp, and motorsport design guru Troy Lee have all agreed to be on hand to purchase banned units for use by their own children and grandchildren.

Wednesday, March 11, 2009

House Bill 3914 Shot Down in Committee: 17 to 3

Someone wins - and someone loses. We won one today. And big.
Dear Patrick,

Thank you for writing to me regarding your concerns on HB 3914. The bill was on the House floor today and has lost its motion to pass. For now it remains in the elementary & secondary education committee, where the committee will decide on the future of the bill. If you would like to track the progress of the bill, you can do so by visiting the Illinois General Assembly website, www.ilga.gov, and take advantage of the resources provided there.

Please do not hesitate to contact me in the future with any concerns or questions you may have.

Sincerely,
Senator Mike Frerichs
Not only did it not pass, 17 of 20 members said NO. I'm glad we caught this early. It's easy for these bills to gain steam without notice. Over 50 bills were seen today. I counted only 5 that got shelved. HB 3914 was one of them. This was a victory against a bad bill, plain and simple.

On a personal note. I hope State Rep. Flowers is miserable today. She needs to focus on her own neighborhood problems, in your own community. Don't worry yourself, Rep. Flowers, us off-road motorcycle riding families can do just fine without your misguided bill.

To the 17 members who had the courage to let the kids ride, we off-roaders owe you a huge Thank you! The parents thank you. The kids thank you.

Today you kept Illinois bikers free to ride their bikes on their own property. It was the right vote.

Friday, March 6, 2009

Mandatory motorcycle helmet legislation continues in Illinois

Illinois motorcycle enthusiasts came one step closer to a mandatory helmet law as a senate committee voted on legislation known as Senate Bill 1351. But the legislation making helmets mandatory for motorcycle riders has a long and bumpy ride ahead of it, not least of which comes from riders who filled the Capitol hearing room cheering loudly during testimony to oppose the plan.

Similar bills have been brought to the state legislature over the years, but either never made it through committee or received enough votes on the house floor. However, this introduction of such legislation has the support of the State Senate's President, Sen. John Cullerton, D-Chicago.

The bill moved to the next stage of approval with a large Democrat vote, some of which say they may not vote for it on a full Senate vote. Source/Read more.

Thursday, March 5, 2009

Worry about Your Own Back Yard, Representative Flowers

Representative Mary Flowers, of the 31st District of the great state of Illinois, has big problems in her own back yard. And it's not kids under 16 riding off-road motorcycles and atv's.
Homicide: First degree murder
• Place: Sidewalk. Reported at 12:42 a.m. on November 1, 2008.
• 3000 block W. Mann Dr

Homicide: First degree murder
• Place: Park property. Reported at 8:35 a.m. on October 9, 2008.
• 7800 block S. Winchester Ave

Homicide: First degree murder
• Place: Street. Reported at 9:48 p.m. on September 27, 2008.
• 7200 block S. Sacramento Ave

Homicide: First degree murder
• Place: Other. Reported at 1:42 a.m. on June 14, 2008.
• 3300 block W. 79th St

Homicide: First degree murder
• Place: Other. Reported at 7:50 p.m. on June 11, 2008.
• 3700 block W. Pippin St

Homicide: First degree murder
• Place: Street. Reported at 12:44 a.m. on March 1, 2008.
• 7800 block S. Wolcott Ave

Homicide: First degree murder
• Place: Residence. Reported at 9 p.m. on February 8, 2008.
• 7800 block S. Seeley Ave

Homicide: First degree murder
• Place: Sidewalk. Reported at 3:33 a.m. on September 30, 2007.
• 7000 block S. Fairfield Ave

Homicide: First degree murder
• Place: Vehicle (non-commercial). Reported at 10 p.m. on September 14, 2007.
• 2600 block W. 71St St

Homicide: First degree murder
• Place: Sidewalk. Reported at 12:45 p.m. on August 9, 2007.
• 7100 block S. Rockwell St

Homicide: First degree murder
• Place: Apartment. Reported at 3:30 p.m. on August 4, 2007.
• 7200 block S. Maplewood Ave

Homicide: First degree murder
• Place: Residence. Reported at 3:34 p.m. on August 3, 2007.
Murders in the 31st district = 12.

Off Road Motorcycle or ATV deaths = 0.


Source.

Monday, March 2, 2009

Letter from the National Champ

March 3, 2009

Chairperson : Barbara Flynn Currie
Republican Spokesperson : William B. Black
Member: Lou Lang
Member: Timothy L. Schmitz
Member: Arthur L. Turner

Dear members of the 96th General Assembly Rules Committee:

I'd like to introduce myself. My name is Patrick Smage. I'm 18 years old. I'd like to share with you my feelings about banning motorcycles and ATV to youths under 16 years old, for riding off the highways and roads in Illinois. I have had some of my fondest memories riding my dirt-bike when I was a kid. If I didn't have the opportunity to ride as a youth, I would not be anywhere near where I am today. 

I remember back when I was 11 years old, riding the American Motorcyclist Association Youth National Championships in Tennessee. I finished second by the closest of margins. I was disappointed. But later that night, I ran into Ryan Young, the importer of the bike I rode, and still do. He told me to stop by his pits the next day. He had something for me. I remember the feeling I got after he told me to keep practicing everyday after school and you'll win. That gave me the drive to practice and train real hard. Everyday. The next year I won the AMA Youth Championship. 

The AMA Youth program and riding when I was under 16 has not only made me a better rider, but a better person. I have traveled and competed around the world for the United States banner, in the Fédération Internationale de Motocyclisme (FIM) World Championship.

Without learning to ride properly under 16, this would never have been possible for me to achieve.

Since then, the youth motorcycle program had developed thousands and thousands of kids like me. Not all are champions. But we have something to do to keep us off the streets and out of trouble. Riding our dirt-bikes off the road. Not all of us kids play tennis, football, basketball, soccer and baseball.

Without having dirt-bikes to ride as a young kid, there is no way I would have been able to become National Champion. Or have anywhere near the life experiences that's enriched my mind and soul. I owe it all to the AMA Youth Racing program and riding my off-highway motorcycle, as you call it. To deny the kids under 16 years old the chance to dream a dream and possibly become a national champion like I have earned, is denying a kid a chance to succeed in life. 

Please vote no on llinois House bill 3914 with any wording to ban youth under 16 from riding off -highway motorcycles or ATV's.

Respectfully,

Patrick Smage - 18 years old
American Motorcyclist Association Member since 2000
2003 AMA Youth National Champion at 12 years old.
2004 AMA Expert/Sportsman Champion at 14 years old.
2007 AMA Pro Class Champion at 17 years old.
2007 AMA Sports Athlete of the Year.
2008 AMA Pro Class Champion at 18 years old.

Flowers Bill Would Prohibit Youth Riding

Illinois House bill 3914, introduced by Rep. Mary Flowers (D-Chicago), would make it illegal for anyone under the age of 16 to operate and all-terrain vehicle or off-highway motorcycle.

The proposed legislation would also make it illegal to transport a passenger on an ATV or OHM regardless of whether the vehicle is configured for a passenger. The bill would also require ATV and OHM riders to have valid driver's licenses and wear helmets.

This legislation was referred to the rules committee on February 26th.

Thursday, February 26, 2009

The Government is Costing American Motorcycle Business Over A Billion Dollars

The new lead rules that have banned the sales of many youth all-terrain vehicles and motorcycles could lead to $1 billion in lost economic value in 2009 for the industry, predicts the Motorcycle Industry Council.

The projected loss is based on 2008 estimated value of the retail marketplace for ATVs and off-highway motorcycles and factors out vehicles and related economic value not included as part of the ban. MIC projects that the estimated value of the retail marketplace related to all youth ATVs and off-highway motorcycles exceeds $1.5 billion, but the ban applies only to products that are intended primarily for youth aged 12 and under. Powersports companies have stopped selling affected youth products with lead content in excess of the limits identified in the Consumer Product Safety Improvement Act that went into force February 10.

"The potential losses for the powersports industry are massive at a time when this country cannot afford additional economic losses," said Paul Vitrano, general counsel for MIC and SVIA. "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."

Tuesday, February 24, 2009

Attention Illinois Motorcyclists!

Action Alert - Helmet Bills Scheduled for February 25 Hearings

Two bills that would require all motorcycle operators and passengers to wear helmets that meet the Federal Motor Vehicle Safety Standard No. 218 will be heard on Wednesday, February 25.

House Bill 925, sponsored by Karen A. Yarbrough (D-Broadview), will be heard by the House Vehicles & Safety Committee on February 25 at 10:00 a.m. in the Capitol Building, room 115, in Springfield, Illinois.

Senate Bill 1351, sponsored by Donne E. Trotter (D-Chicago), will be heard by the Senate Public Health Committee on February 25 at 1:00 p.m. in the Capitol Building, room 212, in Springfield, Illinois.

If you can’t attend either hearing, consider contacting both committee chairpersons and your representative and senator.

The House Vehicles & Safety Committee is chaired by Representative John D'Amico (D-Chicago); his telephone number is (217) 782-8198.

The Senate Public Health Committee is chaired by Senator William Delgado (D-Chicago); his telephone number is (217) 782-5652.

You can obtain contact information for your state representative and senator by visiting the AMA Rapid Response Center and entering your Zip+4 Code in the space provided.

Monday, February 23, 2009

Kids Don't Eat Bikes

Wednesday, February 18, 2009

Take action now: Help stop the ban on youth model OHVs

As you may know by now, the Consumer Product Safety Improvement Act of 2008 (CPSIA) has effectively banned the sale of youth off-highway vehicles (OHVs) as of Feb. 10, 2009. The AMA is issuing a repeated call for action to help reverse the potentially devastating effect this could have on the sport of OHV recreation. We are also asking for your help, as promoters and club leaders, to spread the word to your club members, racers and fans to encourage them to get involved.

While this move could cripple the future of the sport, it does appear that there may be relief for the use of motorcycles purchased prior to Feb. 10. The Congressional Research Service (CRS) has compiled a list of prohibited acts in the CPSIA. Neither riding a previously purchased motorcycle nor promoting a race that includes those motorcycles is included on that list.

Still, immediate attention is needed to end this ban on the sale and manufacture of youth model OHVs. In addition to the efforts the AMA is putting in on Capitol Hill, all motorcyclists need to help fight this measure. Here are some quick links to background information and ways you can help reverse this decision:

Contact your representatives in Congress by using the Take Action button in the Issues and Legislation section of the AMA website. Write the Consumer Product Safety Commission (CPSC) directly to encourage them to exclude youth model OHVs.

For regular updates on this issue, please keep a close eye on the AMA website at www.AmericanMotorcyclist.com. You also can sign up to receive AMA Legislative Alerts.

Tuesday, February 17, 2009

AMA Action Alert

Attend a Congressional Town Hall Meeting Near You!
Congress will be in recess this week and many of them will be working in their home state offices. This is a great opportunity to meet your elected officials and discuss issues important to the riding community. Some current topics to discuss with your elected officials are access to public lands and the future of youth motorcycles and ATVs.

If you are interested in meeting your Member of Congress you can call their home office closest to you and request the time, date and location of their next public meeting or to schedule a meeting of your own.

If you would like to access your Member of Congress and their contact information, please click here, and enter your zip code.

If you are able to attend a public meeting with your Member of Congress and would like some ideas on current issues affecting the riding community, we have included some suggested talking points below.

1) AMA Opposes S. 22, the Omnibus Public Land Management Act, because it imposes blanket regulations which will result in restricting the use of millions of acres of public lands. Please ask your Senators and Representatives how they voted or will be voting on S. 22.

If speaking with your Senator, please click here to see how they voted
If Representative will be voting "No", thank the Representative for keeping public lands open to responsible access for current and future generations
If Representative will be voting "Yes", let the Representative know of your concerns with the bill. You can let them know it will:
Create 80 new federal wilderness designations or additions to public land
Consist of approximately 150 separate bills, which 77 has never been considered in the House of Representatives
Designate 2.186 million acres as federal wilderness land, which eliminates all motorized off-highway recreation
Make the National Landscape Conservation System permanent. This system creates an additional level of bureaucracy for the National System of Public Lands and would remove much of the authority of the existing agency in managing nearly 25 million acres
Costs $10 billion to enact


2) The Consumer Product Safety Improvement Act of 2008 (CPSIA) threatens to end youth off-highway vehicle (OHV) riding entirely. The AMA is concerned with the Consumer Product Safety Commission's (CPSC) interpretation of the CPSIA.

The CPSC has interpreted the CPSIA to apply to various components of youth motorcycles and youth ATVs including the engine, brakes, suspension, battery and other mechanical parts
The unavailability of youth OHVs will devastate family OHV recreation and cripple amateur competition, creating a domino effect across all aspects of motorized recreation
In order to assure continued availability and access to youth OHVs, ask your Representative to urge the CPSC to approve the industry's petition to exclude youth OHVs from the lead content standard

Thank you for taking an active role in helping promote and protect the future of motorcycling and the motorcycle lifestyle. If you would like more information on meeting with your Member of Congress or on the issues, feel free to contact Rick Podliska at rpodliska@ama-cycle.org.

Monday, February 16, 2009

Congress Gets an Earful

About 100,000 of the bikes popular for trails, zipping around backyards and racing on motocross tracks sold last year for $1,500 or more, according to industry estimates. Dealerships where sales already were sputtering due to the recession received notices over the last month that they must pull the bikes off showroom floors.

Industry leaders say some 13,000 dealers are now stuck with $100 million worth of inventory that may end up worthless.

Congress is getting an earful. U.S. Rep. Danny Rehberg, R-Mont., fielding angry phone calls over the issue, blamed "government bureaucrats" for bungling implementation of the original law.

Washington Post

Sunday, February 15, 2009

Bicycle Industry Appears to be Ignoring the Law

The Consumer Product Safety Information Act contains a ban on children’s products with lead parts exceeding 600 parts per million. Those products cannot be sold to consumers and any old product must be yanked off retail shelves. Some common bike parts like valves and spoke nipples exceed the lead limit. "Lead in alloys on aluminum, brass/copper and steel used on bicycles with 24-inch wheels or smaller, joggers and bicycle trailers," said John Nedeau, president of the Bicycle Product Suppliers Association.

"Any bicycle with 24" wheels or less is now illegal to sell, although the bicycle industry appears to be ignoring the law." said Ian Smith, President, OSET Corp.

Saturday, February 14, 2009

Youth Motorcycles Banned in the United States of America

The following was sent to us by OSET

Dear OSET Customer,

You may have heard about a new law that came into effect on February 10th. The law is a broad, sweeping law called the 'Consumer Products Safety Improvement Act' (CPSIA). The law was enacted as a knee jerk reaction by Congress to the importation of lead tainted toys from Mattel etc. The new laws give very strict guidelines that have had unintended consequences for many industries. Many metal alloys often contain lead. Engine casings on mini motorcycles, valve stems, spoke nipples etc all now fail the new standards. The fact that lead in metal alloys is 'insoluble' has escaped the Government and the CPSC. The lead content in alloys poses no health risks whatsoever. The law was entirely political, and will do little or nothing to protect our children. How many of us have seen kids sucking on motorcycles?

At this point in time, all motorcycle manufacturers have stopped selling youth motorcycles for kids age 12 or under. Honda, Yamaha, Kawasaki, Suzuki, KTM, Polini, Cobra, Polaris and OSET are all in the same boat. Any bicycle with 24" wheels or less is now illegal to sell, although the bicycle industry appears to be ignoring the law. To be clear, none of the above companies are now selling youth motorcycles! You can NOT go to a Honda dealer and buy a CRF50, CRF70 or CRF80, or their youth ATV's.

This is clearly a HUGE issue that needs to be fixed. With the economy in recession, what sense does it make to stop dealers selling inventory, and to effectively close thousands of American businesses, costing tens of thousands of jobs?

We emphasize that this law has no effect on what you have already purchased, only on products you buy going forward. OSET, and all the above companies, have satisfied all lead in paint and other applicable laws, and put a high emphasis on safety. Of course we want to keep kids safe from lead, but the law should focus on products that kids can eat, and that have accessible lead!

There is something we can do. Congressman Tom Self is a moto-Dad, and has taken up our cause. Tom has a standard letter that needs to be signed by every motorcyclist in the Country. If you go to http://www.tomself.com you will see the letter on the home page, and can sign & send in less than a minute.

OSET are being as proactive as possible, on blogs (see http://blogs.dirtrider.com/6470022/news/youth-atv-and-dirt-bikes-banned-by-cpsia/index.html and http://www.racerxonline.com/article/urgent-consumer-safety-commission-waiver.aspx). There are many other active blogs and industry groups that can be found by searching for CPSIA. OSET attended press conferences for local TV in Denver yesterday, and will be interviewed for 'Dealer News' later. We will attempt to get this on CNN as well.

All is not lost. The CPSC and Government MUST see sense, but we want them to see it quickly. Please go to http://www.tomself.com and sign the letter to Congress, and please pass this instruction to whoever you can. There are suggested amendments on the desks of the CPSC right now. To quote the Tom Self site: 'There is a waiver now setting before the Consumer Product Safety Commission in Washington DC, but has not been acted upon as of yet. We need every available rider, Mother, Father, Grandmother, Grandfather, Aunt, Uncle and any relative, friend neighbor, business or personal contact or any person who is a legal us citizen to get involved. They need to access this website, read the sample letter, type in their name and address then click the "send a letter on my behalf" icon below it. This will generate correspondence to all the committee members in Washington that are on the committee that oversee the commission that could act upon this. The commission members as well as my office will also receive copies of the letters set so we can be the most effective voice we that we can. The sport as well as the industry is in turmoil and time is short. The future of small powersports is at risk! PLEASE ACT NOW!!'

Ian Smith
President, OSET Corp

Motorcyclists benefit from historic economic stimulus bill

PICKERINGTON, Ohio -- Language that provides a tax credit for the purchase of a motorcycle has been added to the current economic stimulus bill, the American Motorcyclist Association (AMA) reports. The AMA, working in conjunction with other stakeholders, worked diligently to secure the motorcycle provision within the measure. President Obama is expected to sign the bill into law shortly.

"This inclusive and equitable solution will provide much-needed relief to riders, as well as to those who sell motorcycles," said AMA Vice President for Government Relations Ed Moreland. "When it appeared that motorcycles were going to be overlooked in this bill, the AMA and the Association's members, along with Harley-Davidson and others, took our case straight to Capitol Hill and persuaded lawmakers that this was the right decision."

Moreland added that motorcycle riders are just as likely to have been hit hard by the economic downturn as those who buy automobiles and light-duty trucks. Moreover, motorcyclists typically purchase new bikes, apparel, vehicle servicing and aftermarket equipment from local dealers that are family-owned small businesses.

Specifically, motorcycles are included as "qualified vehicles" in Section 1008 of the legislation. Those purchasing a new motorcycle will be able to deduct the sales and excise taxes on their 2009 tax returns. Prior to the actions taken by the AMA and others, the deductions only applied to the purchase of a new car or light truck.

"We want to thank all motorcyclists who took the time to contact their elected officials," said Moreland. "This victory is particularly gratifying because it represents a community-wide effort to elevate motorcycles as a recognized and viable means of transportation in America. Motorcycles are vital to the reduction of traffic congestion, provide efficient use of limited parking, have far less impact on our roads and bridges, and contribute significantly to our nation's efforts to consume less fuel. Our success today clearly indicates that our legislators are listening."

Rally Against Youth ATV and Motorcycle Prohibition

Contact:
Motorcycle Industry Council
Media Relations
(949) 727-4211, ext. 3027

Motorcycle Industry Council and Specialty Vehicle Institute of America

INDIANAPOLIS, Feb. 12, 2009 – The Motorcycle Industry Council and the Specialty Vehicle Institute of America are doing all they can at Dealer Expo 2009, and at their offices, to help get youth ATVs and motorcycles back on showroom floors. The U.S. Government banned sales of many of these models, beginning on Tuesday, under the lead-content provisions of the Consumer Product Safety Improvement Act (CPSIA).

“We’re implementing a full court press at the Dealer Expo,” said Paul Vitrano, general counsel for the MIC and SVIA. “We are rallying everyone at Indy. Pre-printed letters to the Consumer Product Safety Commission, which can be signed and we’ll send in, will be available throughout the show. Computers will be available in the MIC business center so that dealers and exhibitors can easily make their opinions known to members of Congress.”

Everyone is encouraged to visit the Web site of Americans for Responsible Recreational Access, at www.ARRA-access.com, which features a letter generator for constituents to reach their own members of Congress. The MIC also is alerting stakeholders about a new Web site that state Rep. Tom Self of Missouri has launched in support of youth off-highway vehicles. The site, at www.tomself.com, offers e-mail templates to simplify sending messages to members of Congress with oversight of the CPSC.

For weeks, the MIC and SVIA have urged the CPSC to grant (and for members of Congress to support) petitions for temporary exclusions so that youth models could continue to be sold. The powersports industry demonstrated in the petitions, through the scientific analysis required by the CPSIA, that the lead-containing parts of youth ATVs and motorcycles pose no risk of increasing the lead levels in children aged 12 and younger.

On Feb. 5, the CPSC denied a request for an emergency stay, made by the National Association of Manufacturers CPSC Coalition, and joined by the MIC and SVIA. The CPSC stated that it did not have authority under the law to grant such a stay.

The Consumer Product Safety Improvement Act, however, includes provisions that enable the CPSC to grant exclusions for products on a case-by-case basis. The MIC and SVIA believe that the lead-content provisions of the act, which originally were aimed at toys that can be mouthed by children, were never intended to apply to youth ATVs and motorcycles.

On Feb. 10, the lead-content provisions of the CPSIA went into effect. Powersports companies are now prohibited from selling products that are intended primarily for youth, aged 12 and under, and having lead content in excess of the limits identified in the act.

The impact of this act is far-reaching. Applying the new lead-content regulations to youth models has resulted in many smaller models being unavailable to families, and could mean more children riding adult-only ATVs or dirt bikes that are too large for them.

Most of the components making up youth powersports products are in compliance. But some parts unavoidably contain small quantities of lead in excess of the CPSIA limits, such as the valve stems on the tires, the aluminum in some brake components and the terminals on the batteries. Lead in these components is necessary, either because small amounts of lead are needed for safety (such as machining the deep grooves on tire valves, which is needed to assure tire air retention) or functionality (such as the lead in battery terminals, which is needed to conduct electricity).

“It’s critical for everyone within the business, and for all of our customers, to step up and support the petitions now in front of the CPSC,” Vitrano said. “The ban is harming motorcycling and ATV riding right now. Dealernews has estimated that affected inventories could be more than $100 million. Kids don’t have a chance to get on the bikes and ATVs sized for them. We need the power and voice of the industry, as well as enthusiasts, to reinforce our concerns in Washington. We’re only asking for common-sense exclusions for powersports parts that simply do not present any risk to children in the real world. Kids don’t lick or eat ATV and motorcycle components.”

Since 1983, the Specialty Vehicle Institute of America® has promoted the safe and responsible use of All-Terrain Vehicles through rider training programs, public awareness campaigns, and state legislation. The SVIA also serves as a resource for ATV research, statistics, and vehicle standards. The SVIA, based in Irvine, Calif., is a not-for-profit trade association sponsored by Arctic Cat, BRP, CROSSRUNNER, Honda, Kawasaki, KTM, KYMCO, Polaris, Suzuki, Tomberlin and Yamaha. For membership information, call (949) 727-3727. For safety information or to enroll in the ATV RiderCourseSM nearest you, visit www.atvsafety.org and click on “Online Enrollment” or call (800) 887-2887.

The Motorcycle Industry Council exists to preserve, protect and promote motorcycling through government relations, communications and media relations, statistics and research, aftermarket programs, development of data communications standards, and activities surrounding technical and regulatory issues. It is a not-for-profit, national trade association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories, and members of allied trades such as publishing companies, advertising agencies, insurance firms and consultants. The MIC is headquartered in Irvine, Calif., with a government relations office adjacent to Washington, D.C. First called the MIC in 1970, the organization has been in operation since 1914.

Friday, February 13, 2009

Grant Our Petition

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

Re: MIC and SVIA Petitions for Temporary Final Rule to Exclude a Class of Materials under Section 101(b) of the Consumer Product Safety Improvement Act

Dear Chairman Nord and Commissioner Moore:

My company is in the business of marketing youth off-highway motorcycles (OHMs), parts or accessories for and/or services relating to those vehicles in the form of Pro racing competition. I am writing to urge you to grant the above-referenced petitions filed by the Motorcycle Industry Council (MIC), the Specialty Vehicle Institute of America (SVIA) and several manufacturers and distributors.

While most parts of youth powersports products are compliant with the CPSIA lead limits, some parts unavoidably contain small quantities of lead in excess of the CPSIA limits, such as the valve stems on the tires, the aluminum in some brake components and the terminals on the batteries, to name some examples. Lead in these components is necessary, either because small amounts of lead are needed for safety (such as machining the deep grooves on tire valves, which is needed to assure tire air retention) or functionality (such as the lead in battery terminals, which is needed to conduct electricity). Because these small quantities of lead are unavoidable, powersports businesses had to cease selling youth products on February 10, 2009 and will need relief from the CPSIA requirements in order to resume selling these products.

In enacting the CPSIA, Congress gave you the tools to grant merited, common-sense exclusions from the lead standards. Children do not eat, lick or mouth ATV or OHM parts. Relief from the CPSIA’s lead content requirements for youth ATVs and OHMs should be granted because the lead-containing components, parts and accessories pose no risk of causing measurable increase in blood lead levels in children ages 12 and younger.

I also am very concerned about an unintended consequence of the CPSIA. Applying the new lead content regulations to youth ATVs has resulted in many youth models being unavailable to families, and may result in more youth riding adult size ATVs. CPSC, the ATV industry, consumer groups, safety advocates and parents all agree that the key to improving ATV safety for riders under the age of 16 is to keep them off of ATVs designed for adults.

I urge you to grant the petitions for temporary exclusions filed by MIC, SVIA and the manufacturers/distributors.

Respectfully Submitted,

Craig Gernhardt
Uncle Circe Racing
Representing:
2003-2004-2007-2008 AMA National Trials Champion, Patrick Smage.
2007 AMA Mini Moto Champion, Phillip Smage.

Consumer Product Safety Improvement Act of 2008

Here's the text of H.R. 4040

Thursday, February 12, 2009

Government Shuts off Kids From Motorcycles

As of today all motorcycles and product/parts for motorcycles and ATV's for kids have been made illegal to sell in the USA. ALL of the manufacturers Honda, Yamaha, Kawasaki, KTM, Cobra, Polini, Polaris ALL have instructed their dealers to take all of the motorcycles and ATV off of the sales floor. They have also been told to no longer sell parts. This law was passed to protect kids from lead in their toys that they might chew on and somehow motorcycles got wrapped up in it. We have just got off of a conference call with Congressmen Tom Self and the other manufactures of motorcycles. Tom Self has set up a website that will send a letter to all the people of this committee to get their attention. We are trying to shut down their email and fax machines here in the next 2 to 3 days. Please go to www.tomself.com and put in your name and address and the letters will be sent. Make sure to do a letter for yourself and also have your wife, children, cousin, grandparents, coworkers, etc. We need millions of letters to get this done. The Motorcycle Industry Counsel has the paperwork in Washington to be signed but with all of the stimulus/TARP stuff going on no one will stop and take the time to look into this.

Please send this information to anyone you have contact with. This is happening and we need YOUR help. If anyone says different do not believe them.

Thank You
Louie Peverini
Keith Kanady
Polini USA

Please prevent the CPSC from banning youth motorcycles and ATVs

February 12, 2009
The Honorable Roland W. Burris
United States Senate
523 Dirksen Senate Office Building
Washington, DC 20510-1305

Dear Senator Burris:

As a constituent and off-highway vehicle (OHV) enthusiast, I am writing to ask you to urge the Consumer Product Safety Commission (CPSC) to approve the petition submitted by the Motorcycle Industry Council and Specialty Vehicle Institute of America to exclude youth OHVs from the Consumer Product Safety Improvement Act of 2008 (CPSIA) lead content requirements.

The CPSIA passed Congress with broad support last year with the intent to protect children from harmful substances. However, I am concerned about the potential unintended consequences of the legislation.

The unavailability of youth OHVs will devastate family OHV recreation and cripple amateur competition, creating a damaging domino effect across all aspects of motorized recreation.

It is critical that Congress and the CPSC know the petition exists and that they act on it to maintain a vital form of recreation for American families, preserve youth racing and protect the thousands of jobs associated with this industry.

Sincerely,
Craig Gernhardt

The Fight Has Just Begun

Good Afternoon...forget the good, as our country has descended into lunacy.

I have spent most of the day on two conference calls relative to the subject line above, and I must say I am rather concerned about the fate of our sport and industry. Not to mention our local communities for the further loss of jobs and $$ that our industry brings in each year. It is certainly that dire..believe me.

As of yesterday, all the OEMs had to pull for sale all new youth minicycles and atvs for those under the age of 13...this under order of the CPSC due to lead content of plastics and certain metals. As of yesterday, a dealer or private individual can no longer provide parts or service, to these affected machines, in which there is a possibility that those same parts may contain lead...no oil changes, plastic, levers, engine cases, etc, etc..goggles, helmets, clothing, knee braces..you name it. You may think that is just for new machines, but it is for everything new and used.

The CPSC also ruled that machines under 85cc are considered toxic to the health of young children.

Effective yesterday, Honda has pulled replacement parts from their service system for these machines pending lead certification...this takes 400 days. KTM, Suzuki, Kawasaki, and Yamaha are doing the same thing. If you have a 1,2,3 year old machine, you won't be able to buy most parts for it very soon.

Yamaha is sending out restrictions to its dealers saying that an 85cc bike can only be sold, and should only be operated by someone over the age of 13.

Now to the fun part for us as a race promoter.

Because the manufacturers are now issuing these guidelines, we as promoters cannot allow a youth under the age of 13 to participate for two reasons.
We are allowing someone to participate in a sanctioned activity on a vehicle that has been determined by the manufacturer and the CPSC to be unsafe for that age level.
We are allowing someone to participate in a sanctioned activity on a vehicle that the CPSC has determined is a toxic substance.
If you think I am joking, consider the following
MX Sports is considering removing youth classes from the Loretta Lynn's program, GNCC, and ATV Nationals...we run all three of these series and I can tell you that these classes make up over 1/3 of our entries and more than half of our attendance.
The AMA will be forced to ban youths under 13 from any AMA amateur or pro competition due to legal ramifications. The same will apply to local districts and sanctioning bodies, as insurance will not be available to cover this exposure. The lifeblood of our sport are these kids..if they cannot participate, they will find something else to do, and we will not get them back. They will not race, watch, or buy products. That means Mom, Dad and older brothers/sisters won't be there either.
Unadilla would most likely not participate in any form of amateur racing..with only half or less of the entries left, it wouldn't be financially possible.
DO I HAVE YOUR ATTENTION YET!

There are two efforts going on right now to get a temporary stay granted by the CPSC for "Off Road Vehicles." The MIC (Motorcycle Industry Council) and Missouri State House Rep Mike Sense(#4 in line in the MO st govt) are both developing grass roots letter campaigns through websites to develop a ground swell of support for this stay. Keep in mind this is only temporary, and unless a Federal injunction or legislation is developed, this isn't going away.

There are several opinions floating around on this subject saying that our thinking is flawed and that only the sale of new units is affected...if that is the case, why are helmet, goggle, sneakers, sunglasses, OEM parts and accessories, and dealer service being pulled for these units???

I will leave you with this..if indeed this is overblown, and we are right that we shouldn't be affected by this, it still doesn't mean that we can't/won't be sued by someone using this logic, and worse yet, convince a jury that the above is true. If it gets that far, you will have spent nearly a million $$ in your own defense, just to prove you were right all along.

IS IT WORTH THAT TO YOU?

I will get you info on the two websites, and I encourage you to beg everyone you know that rides, owns, promotes, or attends an off road sporting event to get everyone they know in the same manner to fill out one of these letters...Every Mom Dad and Kid should individually enter their name. Then they should contact their local representatives too.

Thanks for listening, and please do not think you can't make a difference..contact your local representatives as well..explain the economic impact this will have..educate yourself on this subject as quickly as you can.

Greg Robinson
VP Marketing
Unadillla Motorsports
© 315-725-9537
greg@unadillamx.com

URGENT: A Call to Action from MX Sports

Dear Industry Leaders, Racers, Fans and Enthusiasts,

Yesterday, a law went into effect prohibiting the sale of minicycles to children under the age of 13 as a result of the lead content in the machines (Consumer Product Safety Improvement Act of 2008, Title I, Section 101). This law, which arguably applies to both motorcycles and ATVs, treats any children's product that contains more lead than the limit established by law as a banned hazardous substance.

We have already begun to experience the devastating consequences of this new legislation upon our sport, as OEMs have already pulled these machines from their showroom floors. Youth racing is the foundation of our sport. That is when most of you fell in love with motorcycles in the first place, only to grow up to bring your own kids back to the racetracks. Only now, they can't ride.

On behalf of MX Sports (Loretta Lynn's), Racer Productions (GNCC), and ATVPG (ATV Amateur Nationals), we are extremely concerned with the short- and long-range effects of this new legislation, as the first rounds in all of our various series are less than two weeks away, and all include classes for youth racers under the age of 13. But it's not just our events - WORCS, NMA, Mini Os, SETRA, etc., are all adversely impacted.

It is our opinion that the new law is inapplicable to off-highway motorsports, as neither motorcycles nor ATVs have the potential for ingestion, and lead from motorcycles is not likely to be absorbed into the bloodstream or present a health hazard. Let's face it - when was the last time someone swallowed a motorcycle? Any other interpretation would be silly. Be that as it may, the law will continue to adversely affect our industry unless and until an exemption is granted.

Presently, there is a petition for an immediate temporary exemption pending before the Consumer Product Safety Commission ("CPSC") filed by the Motorcycle Industry Council (MIC) on behalf of the OEMs, distributors, and industry associations. This petition, if granted, would enable our industry to move forward this racing season while the applicability of the law to the off-highway industry is determined.

What can you do?

A form letter for submission to the CPSC in support of the petition for exemption is attached as prepared by the MIC. The letter will also be available this weekend at the Indy tradeshow. Simply print out one copy for each person in your family and submit it ASAP. In the meantime, AMA is preparing a letter for submission by its membership to the CPSC. Be on the lookout for that one as well.

Also, an electronic form letter has been prepared by State Representative Tom Self of Missouri. Please go his website at www.tomself.com. Just fill in your name and address and hit "Submit" to register your support. Please submit this letter on behalf of every member of your family - regardless of age.

What else can you do?

Contact your congressmen and senators; let them know that this legislation will have the unintended consequences of crippling an entire industry. Surely, it could not have been the spirit or intent of the new law to apply to motorcycles or bicycles (which apparently have lead in the brake cables).

Time is of the essence. The very future of our sport and of our industry depends on this. We must support the pending petition before the commencement of the national racing season.

Please give this matter your immediate attention, and forward this letter to EVERY PERSON available ASAP.

Thank you,

Carrie Coombs Russell

Open Letter to Anyone Close to the White House

Dear President Barack Obama, Representative Schakowsky, Senator Durbin, the candidates in the 5th Congressional District and Rahm Emanuel:

The Consumer Product Safety Improvement Act (CPSIA) was signed into law on August 14th of last year after receiving broad support from both the House and Senate. I appreciate that this landmark legislation is intended to improve the safety of our nation's consumers and I support the CPSIA's goal of protecting children from harmful substances. However, I am concerned about the potential unintended consequences of the legislation.

One sector particularly affected by the new lead content standards, under section 101(a), is the off-highway vehicle industry. Under the CPSC's interpretation of the CPSIA, engines, brakes, wheels, tires, and suspension parts on these vehicles must be tested and meet the lead standard due to remote concerns over lead exposure to children six years or older. While the law provides some exclusions for inaccessible components and also authorizes the CPSC to grant exemptions under certain conditions, to date the CPSC has not done so for products in the off-highway vehicle industry. This situation has resulted in HUGE inventories of products - which present no health risk to children - to be rendered retroactively illegal, and prohibits the future sale of these products because all available exemptions have yet to be clarified.

Off-highway vehicle recreation is enjoyed by all ages and contributes significantly to the national economy. I thus urge the CPSC to grant the petition for temporary exclusions submitted by the snowmobile, ATV, and off-highway motorcycle industry.

Respectfully,

Craig Gernhardt
AMA #725503

Where's Our Stimulus?

The American Motorcyclist Association (AMA) is asking federal lawmakers to include motorcycles in their proposal to help stimulate the economy by providing major tax breaks for anyone who buys a new car or truck.

In a letter dated Feb. 10 to U.S. Senate Majority Leader Harry Reid (D-Nev.) and U.S. House Speaker Nancy Pelosi (D-Calif.), AMA Vice President for Government Relations Ed Moreland noted that on-road motorcycles are more fuel-efficient, reduce traffic and parking congestion and reduce impacts on the roads and bridges compared to cars and trucks. As such, he said, their use should be promoted and motorcycles should be included in the final federal proposal that is produced by a House-Senate conference committee.

"Motorcycle riders are just as likely as other consumers of automobiles and light-duty trucks to have been hit hard by the economic downturn," Moreland said. "Moreover, motorcyclists typically purchase new bikes, apparel, vehicle servicing and after-market equipment from local dealers that are family-owned small businesses.

"These small businesses then obtain merchandise and product from the same local suppliers as the auto dealers," Moreland said. "The economic benefit of providing incentives to the buyers of motorcycles is just as effective and just as necessary as providing such an incentive to an automobile or light-duty truck consumer.

"This approach is an inclusive and equitable solution that provides much-needed relief to riders as well as those who sell motorcycles," Moreland said.

The AMA asks all motorcyclists to contact their members of Congress to ask for their support to include motorcycles in Senate Bill 1. An easy way to contact one's U.S. representative is to go to the "Issues & Legislation" section of the AMA website at www.AmericanMotorcycist.com.

AMA calls for all motorcyclists to help stop the ban of youth OHVs

PICKERINGTON, Ohio -- The sport of off-highway recreation is seriously threatened by recent legislation that imposes strict lead content guidelines on children's everyday toys. The Consumer Product Safety Improvement Act of 2008 (CPSIA) has effectively banned the sale of youth off-highway vehicles (OHVs). The American Motorcyclist Association (AMA) is calling for action now to help reverse the potentially devestating effect this could have on the sport of OHV recreation.

"The unavailability of youth OHVs will devastate family OHV recreation and cripple amateur competition, creating a domino effect across all aspects of motorized recreation," said AMA Vice President for Government Relations Ed Moreland. "All motorcyclists, whether they recreate off-road or not, need to come to the defense of our youngest riders and help ensure the future availability of youth OHVs."

A quick and effective way to help is to write or call your representative and the Consumer Product Safety Commission (CPSC) and let them know petitions exist to exclude certain vehicles from the final rule governing the law. You can send your representative a letter by using the Take Action button in the Issues and Legislation section of www.AmericanMotorcyclist.com. To contact the CPSC directly, use the contact form here.

According to section 101(a) of the enacted legislation, all youth products containing lead must have less than 600 parts per million (ppm) by weight. The CPSC has interpreted the law to apply to various components of youth OHVs including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold.

In order to assure continued availability and access to youth OHVs, the Motorcycle Industry Council (MIC) and Specialty Vehicle Industry Association (SVIA) submitted petitions to the CPSC asking that certain vehicles be excluded from the final rule governing the law.

"It is critical that Congress and the CPSC know that these petitions exist and that by acting on them they will maintain a vital form of recreation for American families, preserve youth racing and protect the thousands of jobs associated with this industry," Moreland added. "We are asking all motorcyclists to write or call their representatives and the CPSC today and ask them to approve the petition to exclude youth OHVs from the CPSIA lead content requirements."

Sunday, February 1, 2009

Thursday, January 15, 2009

Motorcycle tariff taken off table in beef trade dispute

From the AMA:

The U.S. trade representative has decided against imposing any tariffs on certain motorcycles imported from Europe in a trade dispute over beef, the American Motorcyclist Association (AMA) reports.

The AMA, its members, the Motorcycle Industry Council, individual manufacturers, dealers, and others had contacted the Office of the U.S. Trade Representative opposing the idea of possibly putting a 100 percent import duty on certain European goods -- including motorcycles with engine displacements of 51cc to 500cc.

"This is great news not only for U.S. enthusiasts of these European motorcycles but also for the small- and medium-sized American businesses that sell and import these machines," said Ed Moreland, AMA vice president for government relations. "But we have to remain vigilant to ensure that these bikes don't slip onto the tariff list in the future."

Imposing the tariff could have increased the cost of certain imported motorcycles and scooters from manufacturers such as Aprilia, Beta, BMW, Bultaco, Fantic, Gas Gas, Husqvarna, Husaberg, KTM, Montesa, Piaggio, Scorpa, TM and Vespa.

The proposal was put together in retaliation to the 27-member European Union's continuing import ban on American beef treated with growth hormones. EU officials haven't lifted that 20-year-old ban, despite a World Trade Organization order to end it.

In a statement released on Jan. 15, U.S. Trade Representative Susan Schwab noted her office late last year sought comments on which of more than 100 European goods should be subject to the tariffs.

"Approximately 600 comments were received by the requested due date of Dec. 8, 2008," she said. "An interagency committee of trade experts and economists reviewed the public comments and provided recommendations to the USTR with respect to modifications (to the list of products subject to additional duties) that would result in a more effective action, while taking account of effects on the U.S. economy, including consumers."

Schwab is imposing 100 percent duties -- 300 percent in the case of Roquefort cheese -- on a variety of European products ranging from meat to pears beginning March 23 in the trade dispute over beef.

In comments submitted to the U.S. trade representative by the Dec. 8 deadline, Moreland clearly stated the AMA's position.

"There is no logical link between European motorcycles and the dispute over beef," he said. "Imposing these stiff tariffs on motorcycles would do nothing to resolve the trade dispute, but would punish American buyers of European motorcycles. A 100 percent ad valorem, or higher, tariff on these motorcycles will cause serious and potentially irreversible harm to American small- and medium-sized business owners selling the vehicles. Additionally, citizens will be denied access to certain models of competition and recreation motorcycles that contribute to the lifestyle and well-being of millions of American families."

Thursday, January 1, 2009

What's the Beef?

The American Motorcyclist Association (AMA) has announced that it will be opposing a plan by U.S trade officials that could double the cost of some European motorcycles imported into the United States.

It would impose a 100 percent import duty on more than 100 European goods, including motorcycles with engines sized between 51cc and 500cc, hitting such companies as Aprilia, Beta, BMW, Fantic, Gas Gas, Husaberg, Husqvarna, KTM, Montesa, Piaggio, Scorpa, Sherco, TM and Vespa.

Designed in retaliation to European Union’s 20-year-old import ban on American beef infused with steroids and hormones, despite a World Trade Organization order to end it. The United States wants to impose $116.8 million in import duties to equal the amount of money it claims the U.S. beef industry loses each year because of the ban.