Industry support sought for regulatory relief from troubling provisions of new anti-lead law

Jan. 1, 2020
Tire dealers and other operations serving the all-terrain vehicle and motorcycle segments are being urged to join efforts seeking to alter provisions of the Consumer Product Safety Improvement Act that went into force Feb. 10.

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Tire dealers and other operations serving the all-terrain vehicle and motorcycle segments are being urged to join efforts seeking to alter provisions of the Consumer Product Safety Improvement Act that went into force Feb. 10.

These new rules – designed to protect children from lead poisoning – have effectively banned sales of numerous ATVs and cycles designed for the youth market, which could result in an industry-wide decline of up to $1 billion in lost economic value for this year alone, according to the Specialty Vehicle Institute of America (SVIA) and the Motorcycle Industry Council (MIC).

“Thousands of small businesses across America are impacted by this ban,” says Paul Vitrano, MIC and SVIA’s general counsel. “The potential losses for the powersports industry are massive at a time when this country cannot afford additional economic losses.”

The segment’s OEMs have been pulling various models from the market if the machine’s lead content exceeds the mandated levels.

“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,” Vitrano reports.

Those calling for regulatory relief say 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 ATVs and motorcycles.

“Most of the components making up youth powersports products are in compliance,” according to Vitrano. But some parts, particularly those that no youngster would likely eat, do contain small quantities of lead in excess of the act’s limits, such as valve stems on the tires, aluminum in brake components and terminals on the batteries, he adds.

A dealer serving this segment in North and South Carolina – who has had to turn potential customers away – brings up yet another, presumably unintended, consequence of the new safety law: “If children can’t drive the small, size-appropriate ATV’s, they will be driving something bigger.”

“Dealers from every corner of the country and other concerned individuals have sent more than 100,000 letters to the U.S. Congress urging support for exclusions from the act for powersports vehicles, parts and accessories,” Vitrano says.

“The small powersports industry has all but been shut down,” says Self, who has introduced House Resolution 736 to resolve the issue. “New and used units, as well as parts availability for every used unit in the nation, has been called under question,” he warns.

“This issue is far-reaching not only financially, but also concerning safety,” Self continues. “With the sales of proper sized ATV’s and motorcycles suspended, young riders will be tempted to use improperly sized and built machines which could – but Lord willing won’t – lead to severe injuries.”

According to Self and Vitrano, if you market to this segment your involvement is crucial for galvanizing House and Senate support for the measure.

For more information, including links for contacting the appropriate officials, visit www.mic.org.

About the Author

James Guyette

James E. Guyette is a long-time contributing editor to Aftermarket Business World, ABRN and Motor Age magazines.

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