New law puts brakes on sales of minibikes

A new federal law aimed at protecting children from lead poisoning in toys is weighing heavy on sellers of motorized off-road vehicles in Minnesota and around the country.

Thousands of dirt bikes and mini-ATVs have been pulled from showrooms since the law went into effect last Tuesday because the lead content of such parts as brake handles, tire stems and battery terminals exceeded allowable limits.

"This is crazy," said Sheri Rosoff, owner of Hitching Post Motorsports, which pulled dozens of motor bikes and hundreds of parts from four locations in the Twin Cities metro area. "This was supposed to be about toys. Nobody's going to ingest the part of a motorcycle that contains lead."

The law was passed last year to limit the amount of lead in products aimed at children 12 and younger after deaths and scares resulting from high levels in toys.

But motorcycle dealers said Monday that they were caught by surprise last month when manufacturers and the federal agency that regulates the new law notified them that dirt bikes and mini-all-terrain vehicles were included in the ban.

"I don't think that is what legislators intended when they sought to protect kids from lead," said Phill Morud, a director with the All Terrain Vehicle Association of Minnesota. "I think this is a case of unintended consequences."

Last year, more than 100,000 of the youth-oriented vehicles were sold. Industry experts estimate that 13,000 dealers nationwide might be stuck holding $100 million in inventory because the vehicles contain lead levels greater than allowed under the law.

"We're hoping that they see ... a difference between a children's necklace and a motor part that has very little chance of being ingested by a child," said Tim Patnode, spokesman for American Honda.

Joining in the fight is U.S. Sen. Amy Klobuchar, one of the primary sponsors of the Consumer Product Safety Improvement Act, who has been pushing to rectify the situation.

She and others argue that the bill gave the Consumer Product Safety Commission, which is overseeing interpretation of the law, the authority to grant exemptions for ATVs, dirt bikes and the like.

"We have to be practical," Klobuchar said Monday. "That's why those exceptions are in there. We always thought that the [commission] would be responsive. I am frustrated that they have not been."

Congress tightened lead limits on kids' products last year after discoveries of dangerous levels in some toys.

"There was a major problem," Klobuchar said. "There was a need to do this."

Awaiting ruling

The rules took partial effect last week while the Consumer Product Safety Commission finalizes them and determines which products will receive exemptions.

The problem is that until that exemption is granted, dealers and manufacturers are unwilling to take the risk of selling what is technically an illegal product at the moment.

Especially because dealers face initial fines of $1,825 that could run up to $1.8 million for repeated offenses.

"I don't know any businessman who would take that chance now," Morud said.

Klobuchar and others said they hope the matter will be resolved within the next two or three months. But even that delay might put a squeeze on dealers and parts sellers.

"It has had a real negative impact," said Scott Haraldson, a salesman at Honda Town in Minneapolis, which took its entire inventory of youth-oriented ATVs off the showroom floor last week. "Sales are already low with the economy being the way it is."

Another concern for makers and enthusiasts of dirt bikes and ATVs is that the ban will discourage younger riders from taking up the sport.

Supporters have flooded Congress and the Consumer Product Safety Commission with calls, letters and e-mails complaining about the new law.

"This is a big concern for our members," said Pete terHorst, a spokesman for the American Motorcyclist Association, which boasts 300,000 members. "We're looking for a reasonable interpretation."

The Associated Press contributed to this story. Heron Marquez Estrada • 612-673-4280