Congressmen Introduce Bills to Exclude Youth ATVs from CPSIA Lead Content Limits
On January 25, 2011, two bills were introduced to amend the Consumer Product Safety Improvement Act of 2008 to exclude youth all-terrain vehicles (ATVs) and similar recreational motorized vehicles from the lead content limits of the Consumer Product Safety Improvement Act of 2008 (CPSIA).
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House Bill’s Sponsor Says CPSC Misapplied Lead Provisions, Legislative Fix Needed
Representative Rehberg (R) introduced the “Kids Just Want to Ride Act” (H.R. 412) which would permanently exclude youth model motorcycles, snowmobiles, and ATVs from the CPSIA lead content limits.
According to a Rehberg press release, the Consumer Product Safety Commission (CPSC) has misapplied the CPSIA’s restrictions on lead content to include ATV, motorcycle and snowmobile engines, brakes, wheels and suspension parts, despite the fact that it’s very difficult for children to physically handle these parts.
He notes that even though CPSC has given youth ATVs a stay of enforcement to work on the lead content issue, a delay is not enough. The problem needs to be solved legislatively.
Sponsor of Senate Bill Says Exclusion Needed as Children Riding Adult ATVs
Senator Tester has also introduced the “Common Sense in Consumer Product Safety Act of 2011” (S. 69), a bill to address lead content limits in youth ATVs and similar products. He says the bill is needed as the CPSIA has forced many motorsports dealers and repair shops to stop selling dirt bikes and ATVs for use by children because the vehicles contain internal lead parts that do not comply with the CPSIA. As a result, some parents are allowing their children to ride unsafe, adult-sized vehicles.
According to a Tester press release, the bill, which he calls his “Dirt Bike Bill,” would:
- Allow manufacturers and retailers of ATVs and similar products to build and sell vehicles intended for children ages 6 and up, without having to meet lead standards that apply to toys; and
- Protect second-hand sellers (thrift stores, flea markets, online auctions, yard sales) from being liable for products that contain dangerous levels of lead (i.e., a person selling a toy at a yard sale who is unaware of lead contamination would not be held liable).
(See ITT’s Online Archives or 01/27/11 news, 11012714, for BP summary of the bills’ introduction on January 25, 2011.
See ITT’s Online Archives or 01/26/11 news, 11012650, for BP summary of CPSC voting to extend the general testing and certification stay for youth ATVs until November 27, 2011, with certain conditions.
See ITT’s Online Archives or 01/26/11 news, 11012638, for BP summary of CPSC’s planned vote on staff-recommended extensions of three testing/certification stays, including one involving youth ATVs, until November 27, 2011.)
Senator Tester press release on S. 69, dated 01/24/11, available here.
Rep. Rehberg press release on H.R. 412, dated 01/25/11, available here.