BTW, as noted above, it appears that the lead ban on kids motorcycles is not going to be enforced until at least next year, or more likely, 2001 - although the final vote on a delay in enforcement is not until the end of this month.
And they are looking for ways to get around the law completely for the sake of kids and their riding.
http://www.amadirectlink.com/news/story.asp?id=795
" . . . both members of the commission have said they favor a stay of enforcement, the move almost certainly will stay the execution of parts of the Consumer Product Safety Improvement Act (CPSIA) within the agency."
"On Friday, commission filings in preparation for the vote indicated a stay could be as long as two years, possibly expiring May 1, 2011. A planned second vote on that timeframe was expected by the end of April."
"In addition, it's not clear whether state attorneys general, who are also charged with enforcing the law, will also stand down."
NOTE: It would appear that contacting you state attorney general would probably have more effect that wasting time messing with the feds. If the State A.G. is the enforcing officer, then perhaps a 10th Amendment State's rights argument would do some good.
Acting CPSC Chairwoman Nancy Nord went on record on April 3 favoring a stay of enforcement. On April 16, Commissioner Thomas Moore agreed.
"It is clear from the post-enactment statements of some Members of Congress who were Conferees on the CPSIA that they believe the Commission has the authority to make sensible allowances for these vehicles as long as child safety is not compromised," Moore said in his statement. "Given the extremely restrictive language of the law, the only avenue I can see is for the Commission to establish an enforcement plan that follows, to the greatest extent possible, the Act's intention for future production, while providing relief to the industry and the riding community for vehicles already manufactured and those manufactured during the stay."
It is ironic that I am defending vehicles that I consider to be dangerous for children under 12 to ride and which contain accessible parts with excess levels of lead. However, the alternatives appear to be more dangerous. American parents seem to be willing to accept the risk for their children riding these vehicles, so it is the agency's task, at this stage, to ensure that the vehicles are as safe as possible. One safety rule the agency has stressed is keeping children off of adult-sized ATVs.1 To the extent that new children's ATVs cannot currently meet the lead limits in the CPSIA, there is the likelihood that parents seeking new vehicles will buy adult-sized ATVs for their children to use.
We have also been notified by one ATV manufacturer that they are simply relabeling their Y-6+ and Y-10+ youth ATVs as Y-12+, removing the speed limiting device and continuing to sell them.
NOTE: There's a way around it. . . LOL
Thus the vehicles that are more accurately sized for younger children will be less safe because of their ability to attain higher speeds.
I believe a stay of enforcement issued by the Commission should:
--relieve all makers, sellers, and distributors of youth motorized recreational vehicles made to date and through the expiration date of the stay from enforcement actions for failure to meet the lead limits of the CPSIA;
--allow those vehicles to be repaired, sold, traded, and otherwise used as they have been;
--allow the sale, distribution and installation of replacement parts that are comparable in lead levels to the old part being replaced until such time as those parts can be brought into compliance;
--expect industry to bring their vehicle components into compliance on a
reasonable schedule, to the extent that is technologically feasible, and to provide us with the detailed information we need to make informed decisions about those components in the future.