This is a picture of Roger with his previous bike, a Yamaha YZ250 - 2 stroke:
Many are outraged by the passing of a law that went into effect February 10, 2009 with no prior notification. The law addressing Procedures and Requirements for Determinations Regarding Lead Content of Materials or Products under Section 101(a) of the Consumer Product Safety Improvement Act, was represented by the United States Consumer Product Safety Commission (CPSC) outlawing a specific level of lead in children’s toys, including ATV’s and Motorcycles for the youth. Even though the CPSC represents valid child safety concerns, many would assume this law would not apply to the internal engine components of a motor vehicle; especially when majority of the children are not working on the bikes, they are riding them. The contents of this paper will represent the benefits and disadvantages of the law, and the authors view point with credible resources.
A new federal law took a heavy toll upon a once thriving multimillion-dollar industry, despite the recession. Parents were outraged when forced to provide their children with an explanation that they could no longer ride their off-road vehicles because of an act passed by Congress. The laws have made a huge impact on families, especially in California, where several recreational areas and state parks are devoted to off-road vehicles.
The bill was passed by Congress after several toys, made in China, were reported to contain hazardous amounts of lead. The law bans children, ages 12 and under, acquiring any product made with “…more than 600 parts per million of lead” (Welch, 2009, ¶ 9). Lead is found in the bike frame and other multiple parts on the bike to assist in the durability and reflect corrosion. The wording of the law left ATV and Motorcycle sales, for children 12 and under, motionless, with no evidence proving that children are ingesting or absorbing these items.
Private owners, small business, and large corporations are encouraged to file a(n) exclusion(s) for the products they sell. In order to receive an exception from this law there must be an extremely detailed, reasonable objection, with peer-reviewed and scientific evidence, that lead in the products they are selling will not in any manner be absorbed by the child; including hand and mouth contact. Even though exclusion is filed, unless the document is granted, the products will be continued to be banned and considered hazardous substances. Many believe that this law was previously discussed throughout Congress, making the risk assessment unwavering; that “…any absorption, no matter how insignificant, would be deemed unacceptable” (Children’s Products Containing Lead, 2009).
Children are now being routinely tested for blood lead levels in clinics across the nation, but many parents are not fully aware of the hazards of lead in comparison to their child’s health. The most commonly addressed item with lead is paint in homes built before the 1970s. If lead is ingested, through direct contact or even through a transfer, this can lead to an extremely vital situation; damaging nearly every organism within the body. Lead causes higher blood pressures, gastrointestinal dysfunctions, decreased activity, anemia, and even death. Since parents are not fully aware of the potential dangers in their home, the CPSC regulates safety protocols, including providing “limits on lead in children’s products” (Children’s Products Containing Lead, 2009).
Motorcycles and ATV’s are not the only items affected by the passing of this bill. The CPSC is responsible for investigating over 15,000 products sold in the United States; contributing to the “…30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years” (Langley, 2009, ¶ 6). Other items include sneakers and rhinestones found on other products. Although, the CPSC has a success rate, their impact on the nation has not significantly addressed the lives still being lost. Many Senators were proud to support the passing of this bill because this focuses on a major reform to the CPSC and captures audience’s attention about the dangers of lead poisoning and the levels contained in the toys their children were playing with.
These affects of lead poisoning is catastrophic but not nearly as devastating as having to tell a four year old that they can no longer go dirt bike riding with mommy and daddy. The CPSC has many valid concerns addressing the lead levels in many toys, but this law should not be targeting Motorcycles and ATV’s. Families are torn because they no longer can participate in a once enjoyable family activity. Many organizations attempt to keep children active, out of trouble, and away from drugs. By taking away the option of riding dirt bikes or quads, the CPSC is taking away another quality leisure activity.
The Off Highway Vehicle (OHV) community is infuriated with the federal restraints placed upon them and their children. They understand removal of products that have the potential of being directly placed into a child’s mouth but are having a difficult time grasping why motor vehicles and bicycles are not being banned. On a place for New England Dirtbike Riders to share information using forums a woman said, “Kids don’t normally chew on their atvs, but more than likely would try stuffing a fry into the car CD player, then eat it after it contacted lead on the internal circuit boards” (Check1, 2009)! Attorneys have also assisted the community in finding loop holes for an exemption on ATV’s and Dirt Bikes, but have found this nearly impossible.
In conclusion, even though the CPSC has valid concerns and are addressing the lives lost due to lead poisoning, many are still confused as to why this is affecting OHV’s. The dirt bikes and ATV’s were once a child’s favorite way of spending their weekend and now their “toys” are considered hazardous material. There should still be protections for lead concerns, but if the law does not include bicycles or automobiles, the law should not cover OHV’s.
References
Check1 (2009, February 27). Re: New law to effect pee wee and minis [Msg. Post #: 49]. Message posted to http://www.nedirtbikes.com/content/m_157320/mpage_3/tm.htm, archived at
Children’s Products Containing Lead; Final Rule; Procedures and Requirements for a Commission Determination or Exclusion, 16 CFR Part 1500 Consumer Product Safety Commission § 9335-01 (2009).
Langley, B. (2009, January 24). Lead paint controversy continues. Examiner. Retrieved from http://www.examiner.net/business/x1589173740/Lead-paint-controversy-continues
Welch, W. M. (2009, February 16). Lead law throttles youth powersports. USA Today. Retrieved from http://www.usatoday.com/news/nation/2009-02-16-motorcycleban_N.htm
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