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Mini bike ban confuses consumers, burdens powersports industry
myvalleynews.com ^ | 02/18/09 | C.J. “Sparkplug” Stewart

Posted on 02/18/2009 7:34:29 PM PST by TornadoAlley3

A federal prohibition on the sales of new and used mini dirt bikes has impacted every original equipment manufacturer (OEM), dealership and repair facility for 85cc, 70cc, 65cc and 50cc displacement mini bikes.

This targets an entire industry of age 12-and-under motorized recreationalists that accounts for a conservative number of 50,000 young athletes nationwide.

The Consumer Protection Safety Commission (CPSC) introduced a broad sweeping stay (prohibition) with the Feb. 10 release of the Consumer Product Safety Improvement Act (CPSIA) of 2008, which impacts a large spectrum of the economy, not just mini bikes.

The intent of the act is to protect children from ingesting harmful substances (lead) or dangerous product designs that can cause harm from everyday consumer goods like cribs, window blinds, bicycles and common toys.

In the CPSIA language, certain parts of a mini bike may contain lead in excess of 600ppm (parts per million). Specifically in the mini bike: valve stems, sparkplugs and rarely applied battery terminals in vehicles with electric starts or lights.

Many dealers reported having only a 10-day notice from their OEMs to pull all of the 19 listed mini bike and mini quad models off their showroom floors.

In a blanket statement to their contracted dealers, “Do not sell.”

That notice included all replacement parts necessary for maintenance and repair that applies as a (cataloged) component application for each mini bike model. No exceptions; zero sales.

To put that into writing for basic public understanding: frequently worn and replaced parts such as tires, tubes, grips, levers, gaskets, brake pads, chains, springs, cables, fork seals and body plastic are just the top of the heap of every conceivable component banned for distribution or sale.

This includes safety gear and aftermarket accessories designed for specific models.

Local dealers’ perspective

R.J. Savage, owner of All American KTM in Ramona, stated, “Two weeks ago my OEM sent me a very gray document. I believe the OEMs were not aware this was coming down the pipe.”

Savage sighed, “It said all two-wheeled 85cc and below mini bikes, and the 90cc Polaris four-wheeled quads, must be pulled from the showroom floor.

“The Polaris have to await a sticker kit to be delivered to put on the little machines stating that only kids 13 years old and older can legally ride the 90cc quads. Then they can go back out on the sales floor.

“Shortly after that, KTM sent me a notice to pull all youth [safety] gear. I pulled helmets, boots, goggles, gloves, pants and knee guards off the showroom floor.

“Yeah, that’s really looking out for children’s safety, ’cause all that gear has to be tested for lead too?

“We’re a small boutique dealer. Over 400 families nationwide race out of this store. No more donations and helping out the Risk Safety Foundation or the volunteer education, outreach and community fundraising efforts of the Fire Police MX Team we support.

“The problem is my business is down 70 percent year to date over this time last year. Now the federal government is taking away an additional 40 percent of my revenue that’s directly mini market-related? I’m done.

“The MX industry is getting completely disassembled. I have $200,000 in inventory that I can’t sell and I’m paying interest on $180,000 of that.

“I know I’m not the only one. This is a national travesty. The burden of layoffs is next.”

Jeremy Howe, the sales manager of Callaway Motorsports in downtown Riverside, received his first “Do not sell” notice from one of the OEMs three weeks ago.

“At this time [Feb. 11] it seems nothing is being done,” he said. “[The CPSC] don’t seem to want to correct the problem.

“They’re being counterproductive to what they’re trying to do. They seem so destined to get our youth off of off-highway vehicles. It’s insane. It’s un-American.

“I understand the intent to protect children from lead poisoning grossly painted on general consumer products. That’s fine. I’m all for that protection where it’s been an issue by acceptable definition and public concern.

“But to paralyze an industry where there’s never been an issue? What the heck?

“The problem is [the CPSC] have absolutely no definition about what an ‘accessible component’ is. What is readily accessible for a child to remove in a sealed compartment and ingest is definitely a ‘No list, no law.’ They couldn’t even get that definition down.

“My other question is this stay notice. In my opinion, how was it voted on? From my understanding a committee member and an acting chair may have produced this stay in private. I’m not sure. I want to know. Something doesn’t seem right about that.

“In another one of my opinions, I question the timeline. While there is absolute strife in this economy, [businesses] should be encouraged to operate, not be further restricted.

“On a global perspective, I can only imagine other countries looking at our government entities and saying, ‘What a bunch of retards.’ Blunders and problems need to go away. This is embarrassing for our nation.

“My biggest concern is facing the parents who still want their children to ride by purchasing [in protest] 200cc and 125cc bikes.

“Is safety really a concern on the big agenda? Yes, it is. Now more so than ever it really, really is. [The CPSC] have no idea [about the industry].”

Corona Motorsports general manager Gus Ysatsa was calmly hopeful.

“I’m optimistic that this will heal itself,” he stated. “With the unintended consequences forced on the industry I’m sure our industry leaders can help repair this matter. At our [retail] level we can’t do anything. The OEMs are strapped [by the government commissions]. So are we.

“Forty percent of our business comes from the families supporting the mini bike kids’ industry. I now have $100,000 in inventory in storage that we’re paying interest on. Not good.”

Temecula Motorsports, a leader in local area powersports with a reputation for community outreach and support, voiced concern through its new owner, Jerry Gilding.

“At the end of the day – and I’m not saying this lightly – I believe that we have enough logical people to turn this around.

“It’s affecting my business dramatically. Nobody’s happy about this,” he concluded.

Adult mini bike market

Jimmy Gallegos, manager of aftermarket manufacturer Sano Systems, based in Murrieta, explained, “Our specialty mini bike aftermarket parts are specifically designed and sold to the adult market to adapt to the size and physical needs of our customers.

“[CPSC is] pulling the roots of the sport right out of the ground. The kids [riding] today grow up to be our customers.

“We’ve had a chance to discuss this matter with Red Baron Racing and BBR Motorsports, also very reputable leaders in the professional racing and adult mini bike market. Our roundtable discussion concluded that we’d fight this absurdity.

“This is absolutely crippling for the economy. It’s going to take away more jobs. In a technical sense our technology is taking a big hit by false expectations appearing real in [the CPSC] world.

“It’s almost like [the CSPC] just sat around yelling out random items to add to a checklist without thinking or caring about the consequences.”

None of the dealerships interviewed in this story had any documents stating the CPSCIA stay order from the federal commission or any related officiating agency, office director or staff.

On the race front

Greg Robinson, vice president of marketing for Unadilla MX Park in upstate New York, had some grim news to share with his customers.

“We received a directive from Yamaha issuing a recommendation standard,” he said. “We’ve considered complying a with a new age restriction on our entire amateur racing series by raising the age limit to 13 years old for entries. We haven’t adjusted anything as of yet.

“The concern could be a huge liability for: a) the industry and b) our insurance. Right now we’ve got to look at the whole scope of this and factor in the least common denominators.

“Since we’re connected with factory sponsorships and contingencies we’d be crazy to drop a [race] gate on anybody under the age of 13 where they could be ‘potentially exposed to traces of lead’ deemed under the federal regulation.

“Unadilla hosts seven events with three major amateur races: the American Motorcycle Association MX Nationals with 1,200 entries, All Terrain Vehicle Association Pro ATV Series with 600 entries and Grand National Cross Country series that varies between 1,500 and 1,800 entries.

“The kids made for one-third of our entire entries, which equaled exactly one-half of our spectator attendance in additional family members.

“In the ripple of the effect you lose. Without amateur racing there is no series. We lose a whole generation out of the sport, a whole demographic.

“The sad part for me, in mid-January I had never heard of this. Three or four days ago we’re in this position of canceling everything. This is definitely the tail wagging the dog.

“We’re 20 minutes away from Cooperstown, the home of the Baseball Hall of Fame. They used to have an annual event that brought 30 to 50 thousand people to town for a weekend. They don’t have that anymore.

“The good thing for us is we don’t race year-round. There’s two feet of snow on the ground so I don’t have to cancel a race this weekend, but in warmer climates there’s racing every weekend.

“Bad regulation produces bad results and unintended consequences. The CSPC painted this act with too broad of a brush.”

Robinson was invited for an in-studio interview with his local NBC station for future airing.

Practice makes perfect

Rick Johnson, co-owner of Perris Raceway, the oldest motocross park in the State of California, offers the very popular Mini Night practice on the big track for experienced young riders.

Mini Night practice will evaporate in a matter of weeks, as regular maintenance parts that keep the mini bikes safely operating are no longer available for the parents to purchase and replace.

Johnson lamented, “Oh, I can’t imagine how this is going to affect the entire industry. This will put a major damper on everything.

“We have to do what’s right. What they’re doing is not right, period. This [stay] doesn’t benefit anybody.

“The focus of [Perris Raceway] is to release energy and to have a positive connection with one’s mind, body and soul. Essentially, [CSPS] just want the kids to sit at home for another night hooked up to electronic games, watching TV and snacking away.

“We enjoy families; I have kids too. We’re always aimed and focused on building the future of the sport. This is a travesty.”

Industry troubleshooting

Ty van Hooydonk, director of product communications for the Motorcycle Industry Council, stressed, “This day in particular, what’s critical for us is we’re rallying everybody at the [four-day] Dealer Trade Show in Indianapolis Feb. 13-16.

“We have representatives available for discussions. There are displays and signs all over the show.

“We have a computer in our booth for online commenting. The tradeshow attendees can easily make their opinions known.

“Consumers need to step up the need for common-sense exclusions.

“The public can do so by visiting the letter generator at the Americans for Responsible Recreation Access Web site, the Motorcycle Industry Council’s Web site or the American Motorcycle Association’s Web site.

“There are directions and links for writing to the CPSC for economic emergency exemption.”

Links

For up-to-the-minute updates, visit the following sites.

• Motorcycle Industry Council: www.mic.org

• American Motorcycle Association press release: www.amadirectlink.com/news/story.asp?id=613

• Letter to CSPC seeking emergency economic relief: www.amadirectlink.com/news/story.asp?id=595

• Collection of links and news stories: www.thegeneralsrecreationden.blogspot.com/2009/02/congress-is-hearing-your-voice-on-youth.html

• Americans for Responsible Recreation Access: www.arra-access.com

• Congressman Darrell Issa (represents Temecula region): www.issa.house.gov


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: ban; bike
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1 posted on 02/18/2009 7:34:29 PM PST by TornadoAlley3
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To: TornadoAlley3

“New laws always seem like a good idea until the first time you have to enforce them.” - Unknown.


2 posted on 02/18/2009 7:38:34 PM PST by FlingWingFlyer (Have You Punched A Democrat Today? - Do it for the children.)
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To: TornadoAlley3

Nanny state run amok bookmark.


3 posted on 02/18/2009 7:38:42 PM PST by Jeff Gordon ("An appeaser is one who feeds a crocodile hoping it will eat him last." Churchill)
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To: TornadoAlley3
Last I looked, every industry is under attack.

Especially those that feed fun or diversion (except the idiot box).

4 posted on 02/18/2009 7:39:04 PM PST by elkfersupper (Member of the Original Defiant Class)
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To: TornadoAlley3

Tar. Feathers. CPSC Employees. Repeat as necessary.


5 posted on 02/18/2009 7:41:27 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: TornadoAlley3

Thanks for the thread. This is pretty big news for young boys, especially. I’ll pass it along to some of my friends with boys who like riding. Who would have thought??? I feel really bad for some of these businesses which are already suffering. I don’t see why they can’t replace the paint and figure something out, instead of banning the entire product in that age group.


6 posted on 02/18/2009 7:42:10 PM PST by HollyB
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To: TornadoAlley3
People are going to start to get pissed off.

There are two Americas, I think. One is the group that really doesn't know how to do much but sit and be entertained, work at a job to pay the bills, and spend money in pursuit of material pleasures.

The other America is made up of people who know how to build, repair, and/or make things run, and they enjoy doing it. They work at a job to live their lives well, and use money to make their lives better and more fun.

It's this second group that's going to get pissed off.

7 posted on 02/18/2009 7:45:55 PM PST by Finny ("Raise hell. Vote smart." -- Ted Nugent.)
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To: FlingWingFlyer

“On a global perspective, I can only imagine other countries looking at our government entities and saying, ‘What a bunch of retards.’ Blunders and problems need to go away. This is embarrassing for our nation.


8 posted on 02/18/2009 7:48:01 PM PST by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: TornadoAlley3

later


9 posted on 02/18/2009 7:48:42 PM PST by Total Package (TOLEDO, OHIO THE MRSA INFECTION IN THE STATE and the death of freedom)
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To: TornadoAlley3

“I can only imagine other countries looking at our government entities and saying, ‘What a bunch of retards.”

How true.


10 posted on 02/18/2009 7:52:46 PM PST by HollyB
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To: Jeff Gordon
Nanny state run amok bookmark.

As with most legislation "for the chilrun," this is a serious "Charlie Foxtrot!"

It's reminiscent of the time the MO legislature voted to outlaw sex. Oh, they only meant homosexual sex, but the poorly worded law managed to outlaw ALL sexual relations, including between married couples.

Mark

11 posted on 02/18/2009 7:53:27 PM PST by MarkL (Do I really look like a guy with a plan?)
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To: TornadoAlley3

I heard something about this yesterday on Savage, but only caught a piece. I’m afraid that I’m confused....

Is this a nationwide ban?

Are they effing kidding?!?!


12 posted on 02/18/2009 7:58:33 PM PST by speedracerx (The fate of our great nation rests in the hands of conservatives)
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To: TornadoAlley3

bump!


13 posted on 02/18/2009 8:03:45 PM PST by nralife (Sarah doesn't know it's a damn show! She thinks it's a damn fight!)
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To: TornadoAlley3

Here is my unsolicited opinion. It ain’t the lead. The lead is just an excuse to ban the ATC, ATV the kids are running around some Liberal’s neighborhoods, and the Liberals are in POWER, so they create a means to stop it.

Similar to the fellow I read about whom couldn’t get a permit to build on his coastal property. Some Legislator stated “that would ruin the view from people cruising by on their yachts”. IOW snot nosed Liberal lawyers on their yachts.

They tied this in with the same stupid law that is killing the used clothing and toy market requiring lead testing that makes those items unaffordable due costs for the testing.

These are the same legislators with so much empathy for “Joe Six-Pack” and the poor./s


14 posted on 02/18/2009 8:06:22 PM PST by rockinqsranch (Dems, Libs, Socialists, Call 'em what you will, they ALL have Fairies livin' in their Trees.)
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To: TornadoAlley3

This is the same stupid law that is trying to put us used booksellers out of business. Nearly 75% of my stock is considered “hazardous.” Pre-1985 books cannot be sold because the ink used may have lead in it. No child has EVER been harmed by the ink in a book. The amount of pages that a child would have to eat ... well, the paper would harm the child long before the ink would! This is back-door book-burning! Keep those wonderful old books full of history, morality, and wholesomeness away from the children! Give them more Goosebumps!


15 posted on 02/18/2009 8:09:07 PM PST by indubitably
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To: TornadoAlley3

As Rush said today, Obama hates us, this is just a shadow of things to come.

I realize he didn’t do this, his henchmen did it before he came to power, and he won’t lift a finger to stop it.


16 posted on 02/18/2009 8:09:42 PM PST by Balding_Eagle (If Liberals would pay their taxes, there would be no deficit..)
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To: indubitably

Oh ... and I’m not completely snarking on Goosebumps books. I think there is a place for all literature — but not a place for some books with restrictions on others (especially where a child may have a chance to find out about history).


17 posted on 02/18/2009 8:12:47 PM PST by indubitably
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To: Finny

The good news is the second group is the one that knows how to make and shoot guns !


18 posted on 02/18/2009 8:13:27 PM PST by Newbomb Turk (NewBomb, where's your brothers ElCamino?)
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To: TornadoAlley3
Sen in the clowns.

They need mini bikes too.

19 posted on 02/18/2009 8:20:03 PM PST by ThomasThomas ( Accept it, there is no except after in math.)
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To: Finny
People are going to start to get pissed off.

START? Hell, I've been pissed off for YEARS at the bullshit this government does to make our lives hell on a daily basis.

It's high time the rest of you started catching up. Maybe now we can have that long overdue revolution!!!

20 posted on 02/18/2009 8:21:11 PM PST by usconservative (The Stock Markets dropped 4% on Inauguration Day. That's a historic Presidency indeed!!)
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