We are losing our Freedoms Comrade! 

5/17/11 update

The following is an update regarding Yamaha’s efforts to end the ban on youth model ATVs and
Motorcycles caused by the lead provisions of the Consumer Product Safety Improvement Act (CPSIA), a
law passed by Congress in 2008:

• Yamaha and the Powersports industry have been diligently working with Congress to end this
ban. Democrats and Republicans in Congress agree that the ban on these products was
unintended and places children in danger.
• Congress took an important first step to fix this problem on Thursday, May 12, when a House
Subcommittee approved legislation entitled, "Enhancing CPSC Authority and Discretion Act of
2011 - ECADA”.
• ECADA includes a provision that sets reasonable and achievable lead limits in the metal parts
of "outdoor recreational products" (youth model ATVs, motorcycles and snowmobiles). The bill
also mandates a total lead content limit of .03% or less for non-metal parts of these products.
• Yamaha and other industry members support this bill. The bill will next be considered by the
full House Energy and Commerce Committee during the week of May 23. It is expected to
pass and will then be considered by the entire House of Representatives.
• An amendment to give our products a categorical exclusion from the lead limits may be offered
during the debate on the House floor.
• The bill should pass the House but it faces an uncertain future in the Democrat-controlled
Senate. Senators Amy Klobuchar (D-MN), Jon Tester (D-MT) and Joe Manchin (D-WV) have
promised to introduce Senate legislation that would give a categorical exclusion for our
products from the lead provision of the CPSIA. We will continue to work with these Senators
to ensure that they follow through on their commitment.
• WE NEED YOUR HELP! Please contact your elected representatives to urge them to support
legislation to end to the ban on our youth model products. Your calls and e-mails are critically
important and do make a difference. To contact your Senator or Congressman, visit
www.StopTheBanNow.com and follow the instructions to send an e-mail or letter, or place a
call to your Member of Congress.

What's going on?

5/12/09    We have received a Stay on the CPSIA until 2011, but the fight is NOT over!  We can begin selling parts and accessories and even youth bikes and ATVs again- but we still need to push the government for PERMENANT RELIEF

The Motorcycle Industry Council  is urging its members, dealers, and enthusiasts to act and show their support for S. 608 and H.R. 1587 by contacting their members of Congress and appropriate committee members via www.StopTheBanNow.com.

HISTORY

As of Tuesday, February 10th, 2009, the small powersports industry has all but been shut down.

In a blind attempt to protect our children 12 and under, the Consumer Products Safety Administration has decided that because of the lead content in our motorcycles and ATVs, these products, and parts to fix these products, can no longer be sold for use by children 12 and under.

This affects not only dealers and new units but individuals all across the U.S. Replacement parts availability for every used unit in the nation- ATVs and motorcycles you already own- has been suspended and called under question. Certain parts of a motor vehicle are required by safety standards to have lead in them, but now products for children 12 and under cannot contain any lead...typical bureaucracy!

This issue is far reaching not only financially but also concerning safety. With the suspension of proper sized ATV's and motorcycles, young riders will be tempted to use improperly sized and built machines which could (but Lord willing won't) lead to severe injuries.

• On Friday 4/2/09 CPSC Chairman Nancy Nord announced that she intended to vote against the petition that our industry submitted. We believe that the petition submitted to the agency was based on sound science and showed that there is no measurable risk to children resulting from lead exposure from these products.
• We are in agreement with Chairman's Nord's comment that "the lead content mandates of the CPSIA to the products may have the perverse effect of actually endangering children by forcing youth-sized vehicles off the market and resulting in children riding the far more dangerous adult-sized ATV's."
• CPSC, consumer advocates and industry have worked for years to get kids onto youth model ATVs - many of which are now not available because of the unintended consequences of this legislation.
• Regarding Nord’s proposed stay of enforcement, we need to review the actual text of such a stay before we can comment.
• In addition, it is important to note that CPSC Commissioner Thomas Moore has not yet commented on the petition, nor do we know the position of the state attorneys general on this matter.
• No stay will provide the ATV/motorcycle industry with complete relief because – absent an exclusion - CPSC does not have the power to change the lead content requirements or their applicability to our products.
• It is clear that the only way for our industry to obtain permanent and complete relief is through Congressional action

Introduced by U.S. Sen. Jon Tester, D-Mont., on March 17, S.608 would amend the CPSIA to exclude secondary sales, repair services and certain vehicles, including youth ATVs and motorcycles, from the ban on lead in children's products.

U.S. Reps. Denny Rehberg, R-Mont., Michael Burgess, R-Texas, Earl Pomeroy, D-N.D., and Mike Simpson, R-Idaho, introduced H.R. 1587 on March 18 in the U.S. House of Representatives to amend the lead prohibition provisions of the CPSIA to provide an exemption for certain off-highway vehicles, along with other purposes.

The Motorcycle Industry Council  is urging its members, dealers, and enthusiasts to act and show their support for S. 608 and H.R. 1587 by contacting their members of Congress and appropriate committee members via www.StopTheBanNow.com.