Federal law bans sale of pint-sized motorcycles

Devan Ferguson of Rockford flies through the air Tuesday while riding at Waterman International Raceway. Ferguson has a younger brother who would be affected by the Consumer Product Safety Improvement Act, which regulates the amount of lead found in children’s toys. The law extends to parts that are essential to the operation of dirt bikes and other recreational vehicles used by children. (Beck Diefenbach - bdiefenbach@daily-chronicle.com)

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Ron Downen’s business hasn’t been devastated – yet.

But Downen, co-owner of the Waterman International Raceway indoor motocross track, said the blow dealt to his business by a newly enacted federal law could be severe.

“It’s probably going to be something that progressively gets worse,” Downen said. “But in the end, it’s going to be bad enough that it might put me out of business.”

Last week, federal regulators began enforcing the lead-content provisions contained in the Consumer Product Safety Improvement Act.

Enacted last year, the law, backed heavily by Sen. Dick Durbin, D-Ill., among other federal legislators, was intended to more stringently regulate the amount of lead found in children’s toys.

However, the lead-content provisions cover other items used by children younger than 12. And the list of prohibited items includes many of the parts that are essential to the operation of dirt bikes and other recreational vehicles used by children.

That, in turn, has prompted manufacturers to spread the word to dealers and service shops to pull the youth-sized motorcycles off showroom floors and to cease shipments of about three dozen parts, including batteries, wheel assemblies and brakes, deemed by the federal government to contain too much lead.

The action has prompted a quick response from organizations representing the motorcycle and ATV industries.

The Motorcycle Industry Council, a national trade association which represents motorcycle manufacturers and distributors, has asked the U.S. Consumer Products Safety Commission to exempt the youth-sized vehicles from the law’s requirements.

The MIC estimates the industry could suffer a $100 million blow. But the group also said serious safety problems could arise if exemptions are not granted because some young riders may begin to use adult-sized cycles that are too large for them to operate properly.

The CPSC on Feb. 5 declined a request from the MIC and others to delay enforcing the law, which took effect Feb. 10. However, there is still a possibility that the CPSC could use language included in the law to exempt the youth motorsports industry, said Durbin spokesman Max Gleischman.

“The intent of the law was to get lead out of toys and other objects that young children, in particular, might put in their mouths,” Gleischman said. “Obviously, though, there are umpteen number of products out there that are used by children but fall out of the categories of the products this law was intended to regulate.”

A call to a CPSC spokeswoman was not immediately returned Tuesday.

However, motorcycle and ATV dealers hope the federal commission returns a verdict quickly.

Chuck Stephan, sales manager at Bob-Jo Cycle Company in Maple Park, said sales of youth-sized cycles account for about 10 percent of his business.

“Right now, we are sitting on a lot of dead inventory,” Stephan said. “We’re in a holding pattern until we find out which this is going.”

And Downen said if the exemption is not granted soon, it’s likely that his business will take a huge hit. He said youth motocross sports account for as much as half of his track’s business.

“Right now, they (children under 12 years old) are still coming,” Downen said. “But if their bikes break and they can’t fix them or buy a new one to replace them, then they can’t come out and ride. And if they can’t come, then their parents might not come, either.

“It’s just something that’s going to build unless something happens soon.”