AMA Still Fighting CPSIA

Since the Consumer Product Safety Improvement Act of 2008 (CPSIA) was introduced in February earlier this year, it has essentially banned the sale of kid's motorcycles and ATV's. There have been several efforts to get an exception for the motorcycle industry or amend the legislation to limit its extensive reach. The latest comes from the American Motorcyclist Association (AMA) urging all motorcyclists and ATV riders to ask their U.S. senators and representatives to support language in an appropriations bill that would allow kids' dirtbikes and all-terrain vehicles (ATVs) to continue to be sold.

The language, written by Rep. Denny Rehberg (R-Mont.) and included in the House fiscal year 2010 Financial Services Appropriations bill, would bar the Consumer Product Safety Commission (CPSC) from spending money to implement or enforce a section of the Consumer Product Safety Improvement Act (CPSIA) that relates to youth-model off-highway motorcycles and ATVs.

The CPSIA limits the amount of lead allowed in products meant for children 12-years old and younger. While aimed at toys originating in China, the law also covers youth-model off-highway motorcycles and ATVs because certain parts, including batteries and valve stems, may contain lead.

Earlier this year, the CPSC said it would not enforce the ban on the sale of kids' dirt bikes and ATVs until May 1, 2011.
While the Rehberg language is in the House bill that was approved by the full House and sent to the Senate for consideration, there is no similar language in any Senate appropriations bill. Therefore, the AMA is asking concerned motorcyclists and ATV riders to urge their senators and representatives to include the Rehberg language in the final version of the fiscal year 2010 Financial Services appropriations bill or the Omnibus Appropriations bill, whichever passes the full Senate.

Federal Distracted Driving Legislation

S. 1536, the Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009 (ALERT Drivers Act), introduced by Sen. Charles Schumer (D-NY) and cosponsored by eight other senators, seeks to force all states to enact a ban on writing, reading or sending text messages while operating a motor vehicle. States that do not enact such a ban would forfeit twenty-five percent of their federal highway funds.

H.R. 3535 is the companion bill in the House of Representatives. This legislation was introduced by Rep. Carolyn McCarthy (D-NY 4th) and cosponsored by ten other members of the House.

In contrast to legislation that threatens states with loss of highway funds for non-compliance, S. 1938, the Distracted Driving Prevention Act of 2009, introduced by Sen. Jay Rockefeller and cosponsored by six other senators, offers an incentive for compliance. States that enact a ban on handheld cellular telephone use and texting while operating a motor vehicle would be eligible to receive federal grants for education and advertizing about the dangers of texting or cellular telephone use while driving, for traffic signs that notify drivers about the distracted driving law of the state, for law enforcement of the distracted driving law, and for other projects to improve traffic safety.

The AMA opposes S.1536 and H.R. 3535 because of the punitive nature of the sanction (withholding of federal highway funds) against the states. Further, the AMA is neutral on S. 1938, as it supports the use of incentives but opposes banning just handheld cellular telephone use and texting while operating a motor vehicle

Please write or call your U.S. Senators and Representatives today to thank them for having these hearings on combating distracted driving and urge them to include the motorcycle community in the ongoing discussions on legislation (S. 1536, S. 1938 and H.R. 3535) and development of technologies.

With the Wilderness bill (Omnibus Public Land Management Act) recently signed into law, that prohibited off-highway vehicle (OHV) use on over 2 million acres, this Congress now feels emboldened to continue pressing for passage of even more Wilderness bills that would take away additional OHV trails enjoyed responsibly by your friends and family.

We need your help to stop H.R. 980 in its tracks. The fastest way to reach your Representative is to call them. You can find contact information for your elected officials by entering your zip code on AmericanMotorcyclist.com,