Jun. 15, 2009 – Lead law fight being taken to the state level

An effort by the industry to get a national legal association involved in the ban on some youth-designed ATVs and motorcycles is not seeing immediate results.
The American Motorcyclist Association (AMA) reached out to a state attorneys general group to try to bring the issue of banned youth vehicles in front of a national legal audience.
State attorneys general have become a key group in the ban on youth-designed ATVs and motorcycles because the Consumer Safety Production Commission’s (CPSC) stay on such vehicles is only thought to have federal consequences, meaning legal liabilities remain at the state level for the dealer and manufacturer.
Youth-designed ATVs, motorcycles and snowmobiles that do not meet new lead standards have become rare on showroom floors because of the Consumer Product Safety Improvement Act of 2008.
Industry officials are not sure when or if state attorneys generals will decide whether they will honor the CPSC’s stay or not.

Attorneys group
In hopes of bringing this issue to light to state attorneys general, Ed Moreland, AMA vice president for government relations, wrote a letter to the National Association of Attorneys General asking whether state attorneys general would enforce the Consumer Product Safety Improvement Act.
In response, the association’s project director and counsel Dennis Cuevas said the group “does not have an official position regarding the CPSC’s recent decision” and at this time, does not have “a resolution nor a letter regarding this matter.” Official association positions, Cuevas notes, result through resolutions or letters that are signed by at least 36 of its members.
Cuevas recommended industry officials contact individual state attorneys generals to discuss the CPSC stay. In reaction, Moreland and the AMA is asking supporters of off-highway motorcycle or ATV riding to contact their state attorney general.
“We need to know the positions of the state attorneys general nationwide,” Moreland said in a press release. “We also need to let them know the importance of
family motorized recreation, and that whatever minute amounts of lead are in motorcycle and ATV parts pose no hazard to children.
“The state attorneys general also need to understand that enforcing this law could be very dangerous for children because it could force them to ride machines that are too large and powerful for them,” Moreland said.

Legislative efforts
Two bills aimed at changing the Consumer Product Safety Improvement Act at press time remained in committee. Rep. Denny Rehberg, R-Mont., introduced HR 1587 in March. It has been referred to the House Committee on Energy and Commerce. Also in March, Sen. Jon Tester, D-Mont., authored bill
No. 608. It has been read twice and referred to the Senate’s Committee on Commerce, Science and Transportation.
— Neil Pascale