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
Thursday, February 12, 2009
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
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
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
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.
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."
"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
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