The Consumer Product Safety Commission (CPSC) announced Monday an enforcement delay on the anti-lead law that put the brakes on sales of youth all-terrain vehicles and motorcycles. But industry officials said more is needed to protect what they estimate is a $14.5 billion industry.

The federal agency’s two commissioners voted Friday for a two-year stay of enforcement, which ends May 1, 2011. In a statement issued by the commissioners, they recognized the safety hazards facing children who ride adult-size ATVs because youth-size ones are no longer available. The commissioners also suggested that Congress use the duration of the stay “to address ‘anomalies’ in the law.”

The Motorcycle Industry Council (MIC) and the Specialty Vehicle Institute of America (SVIA), which have been lobbying for months for a reversal of the lead ban law, agreed with the CPSC as far as the need for Congress to permanently remove youth-size vehicles from the Consumer Product Safety Improvement Act of 2008, which went into effect in February.

"MIC and SVIA thank CPSC Acting Chairman Nancy Nord and Commissioner Thomas Moore for attempting to get youth model ATVs and motorcycles back on showroom floors, and for acknowledging that the current ban on youth model ATVs and motorcycles creates a compelling safety issue …,” read a statement from the MIC. “However, although the commissioners' intentions are laudable … it does not and cannot end the ban on these vehicles.

Due to the highly restrictive language of the CPSIA and the fact that the CPSC is not the only agency responsible for enforcing the law, this stay of enforcement is simply inadequate in legal terms and leaves the industry vulnerable to lawsuits and actions by federal and state agencies.”

For example, because the CPSIA has now branded these products as 'banned hazardous substances' due to their minimal lead content, they cannot be imported into the United States since the CPSC does not have authority over the U.S. Customs and Border Protection. The ban also won’t prevent state Attorneys General from taking enforcement action against our member companies.

Currently, the industry is pushing for Congress’ passage of two bills introduced by Rep. Denny Rehberg (H.R.1587) and Senator Jon Tester (S.608). The bills would amend the CPSIA to permanently remove youth-model ATVs and motorcycles from the ban.

“It is clear that the only way to obtain adequate and permanent relief for riders and the powersports industry from the CPSIA's lead content requirements is for Congress to take action,” the MIC continued. “The CPSIA must be amended to grant an exemption for youth ATVs, motorcycles and other off-highway vehicles, which present no lead-related health risk to children.”