Legislative and Legal Issues

---

      Washington State Governor Christine Gregoire exercised her line-item veto of a measure that would have banned all construction of new trails or facilities for off-road motorized recreation for at least a year.

      The measure, which had been inserted in the state budget in a last-minute maneuver, without the opportunity for public debate, would have prohibited the state's Department of Natural Resources from building or expanding trails or facilities for off-road recreational vehicles until July, 2009. It was one of seven sections of the proposed capital budget that Gov. Gregoire vetoed.

      The AMA and other organizations spread the word of the legislature's maneuver. Nearly 500 people used the AMA's Rapid Response Center to send messages to Gov. Gregoire, urging her to veto the measure. Others helping rally support for a veto were the Northwest Motorcycle Association, the Washington Off-Highway Vehicle Alliance, the Washington Road Riders Association, the BlueRibbon Coalition, the Motorcycle Industry Council, the AMA District 27 organization and Americans for Responsible Recreational Access. Notices were also posted on the popular Thumper Talk and KTM Talk internet forums.

*******************************
Young motorcyclists and ATV riders
join state lawmakers to seek lead-law exemption

March 13th in Olympia, Washington

PICKERINGTON, Ohio -- Young riders, parents, state lawmakers and others concerned about the current federal ban on selling youth dirtbikes and all-terrain vehicles (ATVs) rallied on the steps of the Missouri State Capitol in Jefferson City, Wednesday, March 4, to support an exemption to the Consumer Product Safety Improvement Act (CPSIA) of 2008, the American Motorcyclist Association (AMA) reports. The press conference that followed was organized by State Rep. Tom Self (R-Cole Camp), who also sponsored a successful Missouri House resolution urging the Consumer Product Safety Commission (CPSC) to "provide a waiver or exclusion for youth ATVs and motorcycles from the lead limit requirements of the Consumer Product Safety Improvement Act." Under the CPSIA, which took effect Feb. 10, manufacturers, importers, distributors and retailers are barred from making, importing, distributing or selling any product intended for children 12 and under that contains more than 600 parts per million of lead in any accessible part.. According to the CPSC, that includes youth-sized motorcycles and ATVs, which include lead in such things as batteries, brakes and engines. The ban also shelves many parts needed for repair. The CPSIA greatly concerns the AMA, the industry and the off-highway vehicle (OHV) community because it encourages parents to put their youngsters on adult-sized OHVs. There is also great concern for the survival of powersports dealers and their employees, which are already struggling given the current recession. According to the Motorcycle Industry Council, the CPSIA could lead to $1 billion in lost economic value annually for the industry. "Washington, D.C. tells us that this ban is a result of unintended consequences, effectively passing the buck," said Ed Moreland, AMA vice president for government relations, who spoke at the rally. "That's not good enough. These changes need to be made now before kids are injured, and thousands of small family-owned businesses are needlessly put out of business." Moreland added that it is ironic that the agency with which the AMA and the industry have spent years developing youth-sized OHV standards is now charged with enforcing the CPSIA, effectively rendering the standards useless. "Young riders represent the future of motorcycling and ATVing in America, and shouldn't be denied their right to ride," he said. Paul Vitrano, general counsel for the Specialty Vehicle Institute of America and the MIC, also spoke at the Missouri gathering. He noted that the potential losses for the powersports industry are massive "at a time when this country cannot afford additional economic losses." Thousands of small businesses across America are being hurt by the ban, he added. Moreland asked all concerned parents and riders nationwide to contact their own state lawmakers to urge them to pass resolutions like Missouri's, supporting an exemption to the law banning youth-sized motorcycles and ATVs. They also need to contact the members of their federal congressional delegations and the CPSC to demand that the law be changed to include an exemption, he said. The easiest way to do this is to go to the Rights section of the AMA website at www.AmericanMotorcyclist.com, and then click Issues and Legislation. There, riders and their parents can contact lawmakers and the CPSC to voice their concerns. "Nearly 40,000 people have already used the AMA website to voice their displeasure to Congress and the CPSC, but we can't stop now, we have to keep up the pressure," said Moreland. Interested parties can also sign up on the AMA website to get e-mail Action Alerts to learn when action needs to be taken on issues threatening motorcycling and ATV riding.

*******************************
The vote is in: Consumer Product Safety Commission votes to stay enforcement of law making sale of youth model off-highway vehicles illegal

PICKERINGTON, Ohio -- The Consumer Product Safety Commission (CPSC) has voted to stay enforcement of a lead law that currently bans the sale of youth-model motorcycles and all-terrain vehicles (ATVs). The stay, which extends through May 1, 2011, follows a unanimous vote by Acting Chairwoman Nancy Nord and Commissioner Thomas Moore. The AMA Government Relations Department is currently examining the 25-page Stay of Enforcement document and will issue more details shortly. It can be viewed by going to http://americanmotorcyclist.com/legisltn/Youth_atv_stay_20090504.pdf. The law in question is the Consumer Product Safety Improvement Act (CPSIA). Designed to protect children from lead in toys that might easily end up in children's mouths, the language of the legislation has ensnared a number of products that have little exposure risk, including youth-model motorcycles and ATVs. "While we applaud the CPSC commissioners' vote to stay enforcement of the law, this doesn't solve the real issue, which is the law itself," said Ed Moreland, AMA vice president for government relations. "Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen. Hopefully, this stay will give Congress the time it needs to fix this law, and we will continue to work with both legislators and our partners in the industry to make certain that it does." Moreland added that nearly 80,000 AMA and ATVA (All-Terrain Vehicle Association) members contacted their lawmakers and the CPSC to let them know how they feel. "I'm convinced this helped shape Chairman Nord's and Commissioner Moore's decision to support a moratorium on enforcing the lead law," he said. Despite the stay, it is unclear whether state attorneys general will also decline to enforce the CPSIA. The sale of youth-model motorcycles and ATVs is still technically illegal. Even though a stay means that dealers would not be subject to fines or penalties imposed by the CPSC, state attorneys general would still be able to prosecute violators if they chose to do so. "Motorcyclists and ATV riders need to let the Congress know that we are concerned about the law, and that we want kids' OHVs excluded from the law," said Moreland. "We need to continue to let our decision-makers know how we feel." Riders should contact their federal lawmakers and ask them to support legislation to exempt youth-sized motorcycles and ATVs from the CPSIA by going to the "Rights" and then "Issues and Legislation" section of the AMA website at AmericanMotorcyclist.com. Also, individuals can sign up for the AMA/ATVA Government Relations Department's Action E-list so that they can be notified by e-mail when their support is needed to make a difference on important issues. Those interested in circulating a petition to change the CPSIA should contact Jessica Irving, AMA/ATVA grassroots coordinator, at jirving@ama-cycle.org. CPSIA Background The CPSIA took effect in February and it immediately stopped the sale of dirt bikes and ATVs designed for children 12 and under. The law was meant to protect children from dangerous levels of lead in toys, but it was written so broadly that it also impacted children's books, clothes, motorcycles and ATVs. Under the CPSIA, all youth products containing lead must have less than 600 parts per million by weight. The CPSC has interpreted the law to apply to various components of youth-model motorcycles and ATVs, including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold. To ensure continued availability and access to youth-model motorcycles and ATVs, the Motorcycle Industry Council, Specialty Vehicle Industry Association, the AMA, ATVA and others asked the CPSC to consider petitions submitted to exclude youth-model motorcycles and ATVs from the final rule governing the law. The CPSC staff admits that the risk of exposure to lead from youth-model motorcycles and ATVs is relatively low. But the staff told the commissioners that the law is written so strictly that no lead absorption into the body is allowed. As a result, they say, motorcycles and ATVs shouldn't be exempt from the law. In April, the two-member CPSC rejected an industry request to exempt youth-model off-road motorcycles and ATVs from the CPSIA because the agency did not believe that it had the authority to exclude these vehicles from the lead-content limits imposed by Congress. However, the commissioners signaled their desire to issue a stay to give Congress the opportunity to change the law so that youth-model motorcycles and ATVs can be legally sold. The commissioners also expressed hope that manufacturers will use the delay to make changes to their products to make them meet the requirements of the new law. "...ATVs and motorized bikes appropriately sized for children 12 and younger can again be available and the commission will not seek penalties for violation of Section 101 and related provisions of the (law) against those who sell them," said Acting CPSC Chairman Nancy Nord on April 3. "I hope that the state attorneys general will follow the lead of the agency on this matter. "All stakeholders -- industry, users, Congress and the commission -- need to come together to fix the statutory problems that have become so apparent, in a common sense approach that does not unnecessarily burden those regulated, yet provides safety for American families," she said.

*******************************
U.S. House committee to hear bill on May 5 closing 24 million acres to OHV riding
PICKERINGTON, Ohio -- The U.S. House Committee on Natural Resources will hold a hearing on May 5 to consider a bill that would designate more than 24 million acres of public lands in western states as Wilderness or Wilderness Preservation System land. If approved by the full Congress, the measure would close off more than 24 million acres in Idaho, Montana, Oregon, Washington and Wyoming to off-highway vehicle (OHV) riders, the American Motorcyclist Association (AMA) reports. This is equivalent to a land grab the size of the state of Indiana. Even though H.R. 980 -- The Northern Rockies Ecosystem Protection Act -- only affects western states, Rep. Carolyn Maloney of New York City introduced it. "This is one of the biggest OHV land grabs in our nation's history," said AMA Vice President of Government Relations Ed Moreland. "Even more disconcerting than the fact that the bill is being proposed by a representative from a densely populated urban area, New York City, is that the bill is being considered without the support of a single member of Congress who represents the affected districts. Shouldn't the people who live in these areas have some say in whether or not they should be banned from riding in it? "To keep OHV riders from being shut out of even more public land, we have to act immediately," he said. "Concerned motorcyclists, ATV riders and others must let their lawmakers know that they enjoy motorized recreation, and that we have a right to do so responsibly on America's public lands." Additionally, Moreland said, there are other bills on the legislative horizon on Capitol Hill that would close even more public land to responsible riding. They include: Senate Bill 799 -- America's Red Rock Wilderness Act -- and its companion measure, H. R. 1925, would designate some 9.4 million acres of Bureau of Land Management land in Utah as Wilderness. Senate Bill 721 and H.R. 1769 would add 22,000 acres to the 394,000-acre Alpine Lakes Wilderness Area in Washington State. Riders and AMA members can contact their federal lawmakers and tell them what they think by going to the "Rights" and then "Issues and Legislation" section of the AMA website at www.AmericanMotorcyclist.com. There, the names, addresses and telephone numbers for members of each congressional delegation appear. There is even a pre-written letter that can be sent via email. The AMA also encourages individuals to sign up for the AMA Government Relations Department's Action E-list so that they can be notified by e-mail when their support is needed to make a difference on important issues.

*******************************
Change the Law to Exclude Youth-Model Motorcycles and ATVs!

Write your Representatives Today! The Consumer Product Safety Commission (CPSC) has voted to stay enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA) that currently bans the sale of youth-model motorcycles and all-terrain vehicles (ATVs). The stay, which extends through May 1, 2011, follows a unanimous vote by Acting Chairman Nancy Nord and Commissioner Thomas Moore. While we applaud the CPSC commissioners' vote to stay enforcement of the law, this does not solve the real issue, which is the law itself. Despite the stay, it is unclear whether state attorneys general will also decline to enforce the CPSIA. The sale of youth-model motorcycles and ATVs is still technically illegal. Even though a stay means that dealers would not be subject to fines or penalties imposed by the CPSC, state attorneys general would still be able to prosecute violators if they chose to do so. Youth-model motorcycles and ATVs should be exempt from the law, and Congress needs to act to make that happen. Motorcyclists and ATV riders need to let Congress know that we are concerned about the law, and that we want youth-model OHVs excluded from the law. We need your help to let our lawmakers know how we feel. Riders should contact their Representatives and ask them to support H.R. 1587, introduced by Rep. Denny Rehberg, to exempt youth-sized motorcycles and ATVs from the CPSIA. You can find contact information for your elected officials on AmericanMotorcyclist.com, click on "Rights," then "Issues & Legislation," and enter your zip code in the "Find your Officials" box. Additionally, a prewritten e-mail is available for you to send to your Representative immediately by following the "Take Action" option and entering your information. For more ways you can help to exclude youth-model motorcycles and ATVs from the CPSIA or for more information about the issue, go to http://www.amadirectlink.com/news/story.asp?id=629&s=banner. Please write or call your Representative today and ask them to support H.R. 1587 to exclude youth-model motorcycles and ATVs from the CPSIA lead content requirements.

*******************************
Prosecution Still Possible for Violators of the CPSIA!
Write Your State Attorney General Today!

The Consumer Product Safety Commission (CPSC) has voted to stay enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA) that currently bans the sale of youth-model motorcycles and all-terrain vehicles (ATVs). The stay, which extends through May 1, 2011, follows a unanimous vote by Acting Chairman Nancy Nord and Commissioner Thomas Moore. While the AMA applauds the Commissioners' vote to stay enforcement, it is unclear whether state attorneys general will also decline to enforce the CPSIA. Because the law is still in place, the sale of youth-model motorcycles and ATVs is still technically illegal. In Acting Chairman Nord's testimony at a hearing to a Subcommittee of the U.S. House Committee on Small Business on May 14, the Acting Chairman stated, "I would like to call your attention to Section 218 of the CPSIA that gives state attorneys general the authority to enforce certain federal product safety laws, including those regarding the limits on lead and phthalates. This state authority to enforce CPSC's statutes compromises the ability of our agency's Office of Compliance to engage in reasonable enforcement discretion. For example, the CPSC is powerless to require state attorneys general to join in the agency's stay of enforcement of certain testing and certification requirements." In other words, even though a stay means that dealers would not be subject to fines or penalties imposed by the CPSC, state attorneys general would still be able to prosecute violators if they chose to do so. Motorcyclists and ATV riders need to let their state attorneys general know that we are concerned about the law, and that we want their office to work with the CPSC and to follow their lead in staying enforcement of the lead content limits of the CPSIA. Additionally, the AMA continues to advocate for a permanent legislative fix to remove youth-model motorcycles and ATVs from the CPSIA. For more ways you can help to exclude youth-model motorcycles and ATVs from the CPSIA or for more information about the issue, go to http://capwiz.com/amacycle/utr/1/CWQRKOASTT/AEHMKOATBC/3384531546

*******************************
American Motorcyclist Association urges state attorneys general to join the Consumer Product Safety Commission in stay of enforcement of lead law

PICKERINGTON, Ohio -- The American Motorcyclist Association (AMA) is asking supporters of off-highway motorcycle or all-terrain vehicle (ATV) riding to contact their state attorney general and ask that it follow the lead of the Consumer Product Safety Commission (CPSC) to help protect children by staying enforcement of the youth-model motorcycle and ATV ban in the Consumer Product Safety Improvement Act (CPSIA). The AMA holds that this law, if enforced by state attorneys general, may force children to ride full-size motorcycles and ATVs -- which can be too large for them to handle safely -- if youth models aren't available. Nancy Nord, acting chairwoman of the CPSC, shares that concern. "(The) application of the lead-content mandates of the CPSIA to the products made by the petitioners may have the perverse effect of actually endangering children by forcing youth-sized vehicles off the market and resulting in children riding the far more dangerous adult-sized ATVs," Nord said in a statement issued on April 3. The CPSC voted on May 4 to delay enforcement of the CPSIA with respect to youth-model motorcycles and ATVs. The stay of enforcement extends through May 1, 2011. Nord has said that she hopes state attorneys general, who also enforce consumer protection laws, will follow the CPSC action and use restraint because, according to Nord, "enforcement discretion is an important tool that is needed to reach thoughtful and effective outcomes that enhance consumer safety." To get clarification on the issue, Ed Moreland, AMA vice president for government relations, on May 5 wrote a letter to James McPherson, executive director of the National Association of Attorneys General, asking whether state attorneys general would enforce the law in light of Nord's comments. Moreland's full letter can be found at the following link: AmericanMotorcyclist.com/legisltn/AMA_Letter_Naag.pdf. In a response dated May 8, Dennis Cuevas, project director and counsel at the National Association of Attorneys General, told Moreland that the association hasn't taken a position on enforcement of the lead law. Cuevas wrote that the attorney general of each state would need to be contacted to learn their positions. Cuevas' full response can be found here: AmericanMotorcyclist.com/legisltn/Naag_response.pdf. "We need to know the positions of the state attorneys general nationwide," Moreland said. "We also need to let them know the importance of family motorized recreation, and that whatever minute amounts of lead are in motorcycle and ATV parts pose no hazard to children. "The state attorneys general also need to understand that enforcing this law could be very dangerous for children because it could force them to ride machines that are too large and powerful for them," Moreland said. The CPSIA was designed to protect children from lead in toys that might easily end up in children's mouths. But the law was written so broadly that it also impacted children's books, clothes, bicycles, motorcycles and ATVs. As a result, the CPSIA -- which took effect in February -- stopped the sale of dirt bikes and ATVs designed for children age 12 and under. Under the law, all youth products containing lead must have less than 600 parts per million by weight. The CPSC has interpreted the law to apply to various components of youth-model motorcycles and ATVs, including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold. The easiest way to contact a state attorney general is to go to the "Rights" section of the AMA website at www.AmericanMotorcyclist.com, and then click on the "Issues & Legislation" button. From there, the name and address of a state attorney general can be found so that a letter can be sent asking whether the attorney general's office plans to follow the direction of the CPSC. To send a pre-written e-mail that is on the site, just click here: http://capwiz.com/amacycle/issues/alert/?alertid=13394176.


*******************************
Help Save the Motorcycle Safety and Education Advisory Board and the Nonhighway and Off-Road Vehicle Activities Advisory Committee!!

Please take 5 minutes and read the following alert from the Washington Road Riders Association (WRRA), about a proposal to end the states Motorcycle Safety and Education Advisory Board. Keep in mind you already fund 100% of this important program through your motorcycle endorsement fee, so any claims by proponents regarding potential costs savings are simply false. Sincerely, Nick Haris Western States Representative American Motorcyclist Association ================================================= All, This isn't just the usual alert. This is a BIG DEAL alert. Each of us pays $25 every five years for a motorcycle endorsement. That money goes into an account that funds motorcycle safety training. So when you talk to someone at work about riding and she decides she wants to play, there is somewhere you can send her to learn to ride safely and responsibly. That way, you and I don't go to as many funerals. If this bill doesn't get fixed, a major component of that program goes away. When I sat on the Governor's Task Force for Motorcycle Safety, we recognized that this program saves lives. That's your co-worker, my friend at the pub, our neighbors, our family members - that's the lives we're saving with this program. It is CRITICAL that you communicate to your legislators - House and Senate - that if this bill is passed as written, people will die. These programs do not cost the general taxpayer a single dime - we pay for them. This is a no-win situation: if the Motorcycle Safety and Education Advisory Board goes away, no money is saved and more people will die. Please contact your legislators, by email and telephone, and let them know you want these bills amended to protect the interests we pay for from our own pockets. Sure, there are almost certainly a bunch of boards and committees we could live without - but motorcycle safety is NOT one of them. Send the emails tonight or tomorrow. Follow up with the phone calls on Monday. Let's light up the switchboard and melt down the email server with the voice of motorcycling. It's time to stand up and make a difference. The motorcycle community is counting on you and me. Let's be heard. -- Ian Ian King, President Washington Road Riders Association Urgent Legislative Action Alert Attention all riders: SB 5995, which eliminates the Motorcycle Safety and Education Advisory Board (sec. 46), and SB 5994, which eliminates the Nonhighway and Off-Road Vehicle Activities Advisory Committee (sec 104/105) have both been passed out of committee and are awaiting a "pull" to the floor. It is merely a matter of time until they do go to the floor, as the Governor is putting massive pressure on the legislature to move both of these measures. I have already made numerous impassioned pleas to the members of the committee and lobbied the Governor’s staff, so far to little or no avail. Here is the case as I have outlined it. *Both the Motorcycle Safety and Education Advisory Board and the Nonhighway and Off-Road Vehicle Activities Advisory Committee are funded by the same users that are affected by the respective board or committee, making them effectively "revenue neutral." *Both are the only available method of true citizen oversight on these state programs. *The Motorcycle Safety and Education Advisory Board is directly responsible for the high quality of the safety and education program in Washington State, thereby saving lives. This program was identified in the Governor’s Task Force on Motorcycle Safety, so any action that could reduce the effectiveness of that program would be counter intuitive and run against all common sense. *Both the Motorcycle Safety and Education Advisory Board and the Nonhighway and Off-Road Vehicle Activities Advisory Committee are widely supported by the consumers that are paying for them. In business terms, this is something that the customer wants and is willing to pay for. Many people are turning a deaf ear to these facts, especially the Governor’s staff. Many members have expressed concern and possible support. What we need to see is a floor amendment offered to remove sec. 46 from SB 5995 and sec. 104/105 from SB 5994. All hands are urged to contact their state senator, make the case, and ask that they offer to make these amendments. I would rather have several senators offer identical amendments than have none offer one up, so everyone needs to hit their senator. The bottom line is this: The Washington State Senate and the Governor’s office need to feel the pressure of 300,000 endorsed riders articulately expressing their opposition to this legislation. Flood the switchboards and hit the e-mail. It is imperative that they understand our numbers and the depth of our opposition. To find your senator go to http://apps.leg.wa.gov/DistrictFinder/Default.aspx Ride safe and legislate well, "Texas" Larry Walker Government Relations Specialist Washington Road Riders Association wrraleg@aol.com

*******************************
Congressional hearing set for Thursday to get information on the law that bans the sale of dirtbikes and ATVs for kids

PICKERINGTON, Ohio -- Federal lawmakers have scheduled a hearing for Thursday, Sept. 10, to receive an update on the status of the Consumer Product Safety Improvement Act of 2008 (CPSIA) that essentially banned the sale of kids' dirtbikes and ATVs, the American Motorcyclist Association (AMA) reports. The AMA is urging all concerned motorcyclists and ATVers to contact their federal lawmakers to exempt motorcycles and ATVs from the law, which took effect in February. The law stopped the sale of dirt bikes and ATVs designed for children age 12 and under, although the Consumer Product Safety Commission (CPSC) subsequently issued a stay of enforcement of the measure until May 2011. Under the law, all youth products containing lead must now have less than 300 parts per million by weight. The CPSC has interpreted the law to apply to various components of youth-model motorcycles and ATVs, including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold. The Subcommittee on Commerce, Trade and Consumer Protection of the U.S. House Committee on Energy and Commerce will hold Thursday's hearing, titled: "Consumer Product Safety Commission Oversight: Current Issues and a Vision for the Future." CPSC Chairwoman Inez Tenenbaum will be the only testifier. This hearing is the first one sponsored by this subcommittee since the CPSIA passed 13 months ago. It is important that motorcyclists and ATV riders let Congress know that they are concerned about the lead-content requirements of the CPSIA, and that they want youth-model off-highway vehicles excluded from those requirements. Riders should contact their U.S. representatives and let them know how the CPSIA has created a severe and unwarranted disruption to families who ride together responsibly, and a deleterious effect on youth amateur racing. Because the fastest way to permanently address this issue is through legislation, riders should urge their representatives to support H.R. 1587, introduced by Rep. Denny Rehberg (R-At Large-Mont.), to exempt youth-sized motorcycles and ATVs from the CPSIA. You can find contact information for your elected officials at AmericanMotorcyclist.com. From the homepage, click on "Rights," then "Issues & Legislation," and enter your zip code in the "Find your Officials" box. Additionally, a prewritten e-mail is available for you to send to your representative immediately by following the "Take Action" option and entering your information. ATV riders can do the same by going through the Rapid Response Center on ATVAonline.com. It is particularly important to contact members of the Subcommittee on Commerce, Trade and Consumer Protection. They are U.S. Reps.: Bobby Rush (D-Chicago-Tinley Park, Ill.), chairman Jan Schakowsky (D-Chicago-Des Plaines, Ill.) vice chairwoman George Radanovich (R-Oakdale-Kerman, Calif.), ranking minority member Mary Bono Mack (R-Hemet-Blythe, Calif.) Doris Matsui (D-Sacramento, Calif.) Henry Waxman (D-Agoura Hills-Westlake Village, Calif.) (ex officio) Diana DeGette (D-Denver, Colo.) Kathy Castor (D-Tampa, Fla.) Cliff Stearns (R-Ocala, Fla.) John Barrow (D-Springfield-Crawfordville, Ga.) Phil Gingrey, M.D. (R-Marietta-Rome, Ga.) Bruce Braley (D-Cedar Falls-Dubuque, Iowa) Ed Whitfield (R-Fulton-Casey, Ky.) Steve Scalise (R-Hammond-Mandeville, La.) John Sarbanes, M.D. (D-Baltimore City-Annapolis, Md.) John Dingell (D-Detroit, Mich.) (ex officio) Bart Stupak (D-U.P.-Alpena, Mich.) Lee Terry (R-Omaha, Neb.) G. K. Butterfield (D-Roanoke Rapids-New Bern, N.C.) Sue Wilkins Myrick (R-Gastonia-Matthews, N.C.) Frank Pallone, Jr. (D-Plainfield-Asbury Park, N.J.) Anthony Weiner (D-Brooklyn-Queens, N.Y.) Zachary Space (D-Athens-Millersburg, Ohio) Betty Sutton (D-Lorain-Akron, Ohio) John Sullivan (R-Bartlesville-Bixby, Okla.) Tim Murphy (R-Pittsburgh-Greensburg, Pa.) Joseph R. Pitts (R-Columbia-West Chester, Pa.) Bart Gordon (D-Robertson-Marshall, Tenn.) Joe Barton (R-Ennis-Crockett, Texas) (ex officio) Charles Gonzalez (D-San Antonio-Kirby, Texas) Gene Green (D-Cloverleaf, Texas) Jim Matheson (D-St. George-Vernal, Utah)

*******************************
American Motorcyclist Association members are making a difference on Capitol Hill

PICKERINGTON, Ohio -- More than 100,000 people have stepped up to make their voices heard in Washington, D.C., this year by using tools provided by the American Motorcyclist Association (AMA), the AMA reports. E-mails sent by riders registered for Action Alerts through the AMA website, as well as through the website of the All-Terrain Vehicle Association (ATVA) -- the AMA's sister organization -- have let federal lawmakers and government officials know how they feel on issues ranging from an unreasonable law regulating the lead content allowed in youth-model motorcycles and ATVs to the inappropriate designation of new "Wilderness" that shuts out responsible off-highway vehicle (OHV) use. "We're very proud that AMA and ATVA members are concerned enough about the issues that affect them to take action and let decision makers know what they want," said Ed Moreland, AMA vice president for government relations. "Their opinions count, and it's clear that lawmakers and government officials take notice." A new law that essentially bans the sale of dirtbikes and ATVs for use by children 12 and under sparked outrage and vociferous comment by riders who used the AMA tools to ask that kids' dirtbikes and ATVs be exempt from the law. Called the Consumer Product Safety Improvement Act of 2008 (CPSIA), the law took effect in February of this year and it states that all youth products containing lead must now have less than 300 parts per million by weight or they can't be sold. The Consumer Product Safety Commission (CPSC) has interpreted the law to apply to various components of youth-model motorcycles and ATVs, including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold. Through the efforts of the AMA and ATVA, their members, and the motorcycling community, the CPSC issued a two-year stay of enforcement for the CPSIA. Nevertheless, the motorcycle and ATV industry has stated that many manufacturers and dealers are no longer selling youth-model motorcycles and ATVs and, as a result, there is now limited availability of these products for consumers. "The stakes are huge because if parents can't buy youth-model motorcycles and ATVs for their kids, then the kids may end up riding full-size vehicles," Moreland said. "And these full-size vehicles could be too big and too powerful for them to control safely, posing a danger to the kids. To enhance the safety of America's youth when participating in a treasured American pastime, they must have appropriately sized OHVs to ride. "Also in jeopardy is the livelihood of the thousands of small businesses and their employees who sell and service youth-model motorcycles and ATVs throughout the country at a time when they may be struggling in the current economic climate," Moreland said. The AMA and ATVA continue to ask all concerned riders to contact their federal lawmakers to change the law and exempt youth-model motorcycles and ATVs. Inappropriately designated federal Wilderness is another area of concern to riders. Various legislative proposals currently under congressional consideration would set aside millions of acres, and effectively ban OHVs from many well-managed public lands. Some of the most far-reaching legislation under consideration in Congress are H.R. 980 -- The Northern Rockies Ecosystem Protection Act -- which would designate more than 24 million acres of public land in western states as Wilderness or Wilderness Preservation System land, and S. 799 -- The America's Red Rock Wilderness Act -- and its companion measure, H. R. 1925, which would designate some 9.4 million acres of Bureau of Land Management land in Utah as Wilderness. "This is one of the biggest OHV land grabs in our nation's history," Moreland said. "To keep OHV riders from being shut out of even more public land, we have to let lawmakers know how we feel. Concerned motorcyclists, ATV riders and others have let their lawmakers know that they enjoy motorized recreation, and that we have a right to do so responsibly on America's public lands." Riders also took the time to let their federal lawmakers know that they want them to reauthorize the Recreational Trails Program, which earmarks millions of dollars each year for motorized and non-motorized trail maintenance and construction. The RTP is a Federal Highway Administration-administered program that was first created in the 1991 transportation bill. The RTP operates through state trail programs, with the active involvement of diverse trail interests represented by mandated state trail advisory councils. Funding is provided by taxes on fuel used in off-highway recreational vehicles. Enthusiasts also used the AMA tools to comment on issues such as health care, tax breaks for buying motorcycles, and on state issues. "In the current legislative environment, where drastic proposals can be ushered through Congress at the last minute with little or no public comment, we have to remain vigilant in the protection of motorcyclists' rights," Moreland said. "We are proud to say that, when the AMA and ATVA issue Action Alerts, our members step right up and contact their lawmakers. Only by acting together in this manner can we advocate successfully for America's riders." To sign up to receive AMA Action Alerts and be notified by e-mail when you can make a difference on important issues, go to AmericanMotorcyclist.com and select Issues and Legislation under the Rights menu. ATV enthusiasts can do the same by going through the Rapid Response Center at ATVAonline.com.

*******************************
Support Congressional Action to Adopt Language to Prohibit Use of Funds to Implement or Enforce the CPSIA
Take Action!

On July 7, Rep. Denny Rehberg (R-Mont.) attached an amendment to the House fiscal year 2010 Financial Services Appropriations bill which prohibits the use of funds by the Consumer Product Safety Commission (CPSC) for the implementation and/or enforcement of section 101(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) as it relates to youth-model off-highway motorcycles and all-terrain vehicles (ATVs). To see Rehberg's press release on his amendment, please go to http://capwiz.com/amacycle/utr/1/KZBGLQHZEB/LKXJLQIABT/4275079906. The American Motorcyclist Association (AMA) applauds the Rehberg amendment, and submitted a letter of support that was placed in the Committee Report on June 23. To see the AMA's letter of support, please go to http://capwiz.com/amacycle/utr/1/KZBGLQHZEB/NDWCLQIABU/4275079906. The U.S. House of Representatives passed the fiscal year 2010 Financial Services Appropriations bill - with the Rehberg amendment - on July 16 with a vote of 219 to 208. However, the U.S. Senate's fiscal year 2010 Financial Services Appropriations bill does not include the Rehberg language, and it has not been considered on the Senate floor. The Senate may not consider the Financial Services Appropriations bill individually, but may soon instead consider a larger all-encompassing bill called an Omnibus Appropriations bill. Therefore, the AMA needs your help to let your lawmakers know how you feel about the lead-content ban and it's impact on the sale of youth-model off-highway vehicles. Riders should contact their Senators and Representatives and let them know how the CPSIA has created a severe and unwarranted disruption to families who recreate together responsibly, and a deleterious effect on youth amateur racing. Urge your Senators and Representative to support the inclusion of the Rehberg language, already in the House Financial Services Appropriations bill, in the final version of the fiscal year 2010 Financial Services Appropriations bill or the Omnibus Appropriations bill. The quickest way to reach your Senators and Representative is to call them. You can find contact information for your elected officials by entering your zip code on AmericanMotorcyclist.com > Rights > Issues & Legislation. Additionally, a prewritten e-mail is available for you to immediately send to your lawmakers by following the "Take Action" option and entering your information. For more information and ways you can help exclude youth-model motorcycles and ATVs from the CPSIA, go to http://capwiz.com/amacycle/utr/1/KZBGLQHZEB/GNIALQIABV/4275079906". Please contact your Senators and Representative right away and urge them to support the Rehberg language.