Dealers and riders want law rewritten
COLORADO SPRINGS, COLO. -- A new act intended to protect children may actually be hurting them. It's called the Consumer Product Safety Consumer Act.
The law bans lead in products meant for children 12 and younger, except in small amounts.
The act took effect in February.
An unforeseen effect, many power sport vehicles meant for children contain lead in excess of the limit.
"Can't give them back," said Bryan Penney, Fay Myers Motorcycle World, in Denver.
That mean hundreds of thousands of dollars in losses all because of lead in hard to get to places like battery terminals and valve stems.
"No kid is going to tear apart their bike and chew on their batteries. Kids want to ride their bikes, they don't want to eat their bikes," Penney said.
"The likelihood of ingesting it, of a child taking an engine apart finding a piece that has lead in it and ingesting it is very minimal, which is what would have to be done," said Dr. John Fugate.
Still, young riders can't get new bikes or parts.
"These smaller kids will try to learn on bigger bikes and they are going to get hurt," said Jason O'Connor, whose son rides.
The U.S. Consumer Product Safety Commission is responding by postponing enforcement of the act for two years.
"The two-year stay is a start," Penney said.
But not enough to make Fay Myers pull their vehicles meant for those 12 and younger out of the warehouse.
"The federal government says we're allowed to sell them but that doesn't necessarily mean the state and local government can't come in and fine us or eliminate civil suits," Penney said.
During the two-year stay several manufacturers will be working to decrease the amount of lead in these vehicles.
Until then, there is no telling when or if these ATVs and bikes will ever leave the warehouse.
Many involved in the power sport industry want the law to be written to completely exclude these vehicles from the ban.