Motorbike sale to defy lead law

[Mduc]

By William M. Welch, USA TODAY
LOS ANGELES â€" Angry with a nationwide ban on sales of youth motorcycles and ATVs over lead concerns, one of the biggest dealers in Southern California plans to sell the child-size vehicles today despite potential criminal penalties.
Malcolm Smith, a Riverside, Calif., dealer and major figure in off-road motorcycling for four decades, is challenging federal officials to come and get him.

Smith, 68, says he plans to sell several of the youth-targeted vehicles to people who are already prepared to pay for them. He says he has told the Consumer Product Safety Commission (CPSC), the federal agency charged with enforcing the ban passed by Congress last year.

"I've been paying attention to all the rules and regulations, giving them some time to do something about it," Smith says. "They have no idea what this is doing to small businesses."

Since taking effect Feb. 10, the law passed has made it illegal to sell off-road vehicles and accessories â€" including used vehicles and replacement parts â€" aimed at children 12 and younger because of small amounts of lead in alloys used in parts of the vehicles. Smith says he is prohibited even from selling helmets and other safety gear aimed at youth.

FIND MORE STORIES IN: Congress | Southern California | Riverside | Baja California | Consumer Product Safety Commission | ATVs | Steve McQueen | Consumer Product Safety Improvement Act | Motorcycle Industry Council
Motorcycle industry leaders say the Consumer Product Safety Improvement Act of 2008 is costing $1 billion in retail sales and related economic impact. Like many other powersports dealers, Smith says, he is stuck with 45 to 50 youth vehicles that he cannot sell under the new law.

Paul Vitrano, general counsel for the Motorcycle Industry Council, the trade association of manufacturers, says his group last week presented evidence last week to the commission supporting an exclusion for off-road vehicles. He says toxicology evidence "demonstrates the lead in metal parts on vehicles present no risk to kids' safety because they do not result in measurable increases in blood lead levels."

Even so, he says, the commission had embraced "a very narrow and strict" interpretation of the new law, suggesting the mere presence of lead in parts was a violation of the standard for children.

"CPSC appears unwilling to grant us relief," Vitrano says.

Joseph Martyak, chief of staff to the acting chairman of the commission, says that the commission expects to make a ruling on whether to grant an exclusion "in the next week or two."

He says the panel has been inundated with letters, calls and e-mails protesting the ban â€" as many as 5,000 in one day.

Off-roading enthusiasts including Smith have ridiculed the ban, saying it defies logic because no rider or child is going to ingest motorcycle parts whether they contain lead or not.

"I've never yet seen one child chewing on a motorcycle," he says.

Smith says his buyers will be several prominent motorcycle industry figures, including a well-known helmet designer and a fellow racer who with Smith won the Baja 1000 off-road championship four times. Smith is a champion racer who starred with Steve McQueen in the 1970s documentary On Any Sunday, which glamorized the sport.

Although not endorsing the action, Vitrano says the manufacturers group is aware of Smith's plans.

"He, like many of us in the industry, is frustrated and concerned about the situation," Vitrano says.

[amcloud]

props to him for sticking it to the man 

[OverCaffeinated]

I don't get it, are America's growing epidemic of obese children now eating whatever they can get there hands on. 

Smith has a cool shop, rumor from a CHiP is that he might be selling ducs again.

[erkishhorde]

 

Where's his shop?

[Scottish]

Good on him, I hope his actions will get the Govt. to reavaluate there stance on this idiotic law.

[Triple J]

 

[OverCaffeinated]

Where's his shop?

SoCal, Riverside off the 91fwy

[DLSGAP]

Looks like I'm goin to So-Cal to buy my sons first dirt bike. I'd rather drive to cali and bring it back than deal with a used one.. if nothing else.. just to help support him in his cause

[Howie]

Shouldn't children be banned from Mom's mini van too?  In some cases there is probably more lead in the van's wheel weights tnan in the whole bike Junior wants.

[GLantern]

I say good on him and best of luck!  I would go buy one right now to support his cause if i could!

[Duck-Stew]

I don't know about you, but for me...  There has to be LOTS of ketchup for me to want to eat a motorcycle.  Kids, on the other hand, maybe eating these things all the time for all I know....






kids these days! 






Props to this guy for PUBLICLY advertising that he's sticking it to the man!  I hope it gets someone to *really* look at the law instead of just a knee-jerk reaction without thinking about it.   

[ducrider45]

This section of the law has me PISSED-OFF! WTF! I need to run for Congress. Government is now dictating what hobbies that people can enjoy with their kids! They do not have the right!

[MadDuck]

More power to Malcolm. 

[Norm]

I wish him well, the government can be a tough adversary when they want to be ($$$). If they are concerned about our children's health, whay don't they ban video games and McDonalds?

[GLantern]

I wish him well, the government can be a tough adversary when they want to be ($$$). If they are concerned about our children's health, whay don't they ban video games and McDonalds?

McDonalds yes.... but videogames? what am i supposed to do in the winter months!!