A federal prohibition on the sales of new and used mini dirt bikes has impacted every original equipment manufacturer (OEM), dealership and repair facility for 85cc, 70cc, 65cc and 50cc displacement mini bikes.
This targets an entire industry of age 12-and-under motorized recreationalists that accounts for a conservative number of 50,000 young athletes nationwide.
The Consumer Protection Safety Commission (CPSC) introduced a broad sweeping stay (prohibition) with the Feb. 10 release of the Consumer Product Safety Improvement Act (CPSIA) of 2008, which impacts a large spectrum of the economy, not just mini bikes.
The intent of the act is to protect children from ingesting harmful substances (lead) or dangerous product designs that can cause harm from everyday consumer goods like cribs, window blinds, bicycles and common toys.
In the CPSIA language, certain parts of a mini bike may contain lead in excess of 600ppm (parts per million). Specifically in the mini bike: valve stems, sparkplugs and rarely applied battery terminals in vehicles with electric starts or lights.
Many dealers reported having only a 10-day notice from their OEMs to pull all of the 19 listed mini bike and mini quad models off their showroom floors.
In a blanket statement to their contracted dealers, “Do not sell.”
That notice included all replacement parts necessary for maintenance and repair that applies as a (cataloged) component application for each mini bike model. No exceptions; zero sales.
To put that into writing for basic public understanding: frequently worn and replaced parts such as tires, tubes, grips, levers, gaskets, brake pads, chains, springs, cables, fork seals and body plastic are just the top of the heap of every conceivable component banned for distribution or sale.
This includes safety gear and aftermarket accessories designed for specific models.
Local dealers’ perspective
R.J. Savage, owner of All American KTM in Ramona, stated, “Two weeks ago my OEM sent me a very gray document. I believe the OEMs were not aware this was coming down the pipe.”
Savage sighed, “It said all two-wheeled 85cc and below mini bikes, and the 90cc Polaris four-wheeled quads, must be pulled from the showroom floor.
“The Polaris have to await a sticker kit to be delivered to put on the little machines stating that only kids 13 years old and older can legally ride the 90cc quads. Then they can go back out on the sales floor.
“Shortly after that, KTM sent me a notice to pull all youth [safety] gear. I pulled helmets, boots, goggles, gloves, pants and knee guards off the showroom floor.
“Yeah, that’s really looking out for children’s safety, ’cause all that gear has to be tested for lead too?
“We’re a small boutique dealer. Over 400 families nationwide race out of this store. No more donations and helping out the Risk Safety Foundation or the volunteer education, outreach and community fundraising efforts of the Fire Police MX Team we support.
“The problem is my business is down 70 percent year to date over this time last year. Now the federal government is taking away an additional 40 percent of my revenue that’s directly mini market-related? I’m done.
“The MX industry is getting completely disassembled. I have $200,000 in inventory that I can’t sell and I’m paying interest on $180,000 of that.
“I know I’m not the only one. This is a national travesty. The burden of layoffs is next.”
Jeremy Howe, the sales manager of Callaway Motorsports in downtown Riverside, received his first “Do not sell” notice from one of the OEMs three weeks ago.
“At this time [Feb. 11] it seems nothing is being done,” he said. “[The CPSC] don’t seem to want to correct the problem.
“They’re being counterproductive to what they’re trying to do. They seem so destined to get our youth off of off-highway vehicles. It’s insane. It’s un-American.
“I understand the intent to protect children from lead poisoning grossly painted on general consumer products. That’s fine. I’m all for that protection where it’s been an issue by acceptable definition and public concern.
“But to paralyze an industry where there’s never been an issue? What the heck?
“The problem is [the CPSC] have absolutely no definition about what an ‘accessible component’ is. What is readily accessible for a child to remove in a sealed compartment and ingest is definitely a ‘No list, no law.’ They couldn’t even get that definition down.
“My other question is this stay notice. In my opinion, how was it voted on? From my understanding a committee member and an acting chair may have produced this stay in private. I’m not sure. I want to know. Something doesn’t seem right about that.
“In another one of my opinions, I question the timeline. While there is absolute strife in this economy, [businesses] should be encouraged to operate, not be further restricted.
“On a global perspective, I can only imagine other countries looking at our government entities and saying, ‘What a bunch of retards.’ Blunders and problems need to go away. This is embarrassing for our nation.
“My biggest concern is facing the parents who still want their children to ride by purchasing [in protest] 200cc and 125cc bikes.
“Is safety really a concern on the big agenda? Yes, it is. Now more so than ever it really, really is. [The CPSC] have no idea [about the industry].”
Corona Motorsports general manager Gus Ysatsa was calmly hopeful.
“I’m optimistic that this will heal itself,” he stated. “With the unintended consequences forced on the industry I’m sure our industry leaders can help repair this matter. At our [retail] level we can’t do anything. The OEMs are strapped [by the government commissions]. So are we.
“Forty percent of our business comes from the families supporting the mini bike kids’ industry. I now have $100,000 in inventory in storage that we’re paying interest on. Not good.”
Temecula Motorsports, a leader in local area powersports with a reputation for community outreach and support, voiced concern through its new owner, Jerry Gilding.
“At the end of the day – and I’m not saying this lightly – I believe that we have enough logical people to turn this around.
“It’s affecting my business dramatically. Nobody’s happy about this,” he concluded.
Adult mini bike market
Jimmy Gallegos, manager of aftermarket manufacturer Sano Systems, based in Murrieta, explained, “Our specialty mini bike aftermarket parts are specifically designed and sold to the adult market to adapt to the size and physical needs of our customers.
“[CPSC is] pulling the roots of the sport right out of the ground. The kids [riding] today grow up to be our customers.
“We’ve had a chance to discuss this matter with Red Baron Racing and BBR Motorsports, also very reputable leaders in the professional racing and adult mini bike market. Our roundtable discussion concluded that we’d fight this absurdity.
“This is absolutely crippling for the economy. It’s going to take away more jobs. In a technical sense our technology is taking a big hit by false expectations appearing real in [the CPSC] world.
“It’s almost like [the CSPC] just sat around yelling out random items to add to a checklist without thinking or caring about the consequences.”
None of the dealerships interviewed in this story had any documents stating the CPSCIA stay order from the federal commission or any related officiating agency, office director or staff.
On the race front
Greg Robinson, vice president of marketing for Unadilla MX Park in upstate New York, had some grim news to share with his customers.
“We received a directive from Yamaha issuing a recommendation standard,” he said. “We’ve considered complying a with a new age restriction on our entire amateur racing series by raising the age limit to 13 years old for entries. We haven’t adjusted anything as of yet.
“The concern could be a huge liability for: a) the industry and b) our insurance. Right now we’ve got to look at the whole scope of this and factor in the least common denominators.
“Since we’re connected with factory sponsorships and contingencies we’d be crazy to drop a [race] gate on anybody under the age of 13 where they could be ‘potentially exposed to traces of lead’ deemed under the federal regulation.
“Unadilla hosts seven events with three major amateur races: the American Motorcycle Association MX Nationals with 1,200 entries, All Terrain Vehicle Association Pro ATV Series with 600 entries and Grand National Cross Country series that varies between 1,500 and 1,800 entries.
“The kids made for one-third of our entire entries, which equaled exactly one-half of our spectator attendance in additional family members.
“In the ripple of the effect you lose. Without amateur racing there is no series. We lose a whole generation out of the sport, a whole demographic.
“The sad part for me, in mid-January I had never heard of this. Three or four days ago we’re in this position of canceling everything. This is definitely the tail wagging the dog.
“We’re 20 minutes away from Cooperstown, the home of the Baseball Hall of Fame. They used to have an annual event that brought 30 to 50 thousand people to town for a weekend. They don’t have that anymore.
“The good thing for us is we don’t race year-round. There’s two feet of snow on the ground so I don’t have to cancel a race this weekend, but in warmer climates there’s racing every weekend.
“Bad regulation produces bad results and unintended consequences. The CSPC painted this act with too broad of a brush.”
Robinson was invited for an in-studio interview with his local NBC station for future airing.
Practice makes perfect
Rick Johnson, co-owner of Perris Raceway, the oldest motocross park in the State of California, offers the very popular Mini Night practice on the big track for experienced young riders.
Mini Night practice will evaporate in a matter of weeks, as regular maintenance parts that keep the mini bikes safely operating are no longer available for the parents to purchase and replace.
Johnson lamented, “Oh, I can’t imagine how this is going to affect the entire industry. This will put a major damper on everything.
“We have to do what’s right. What they’re doing is not right, period. This [stay] doesn’t benefit anybody.
“The focus of [Perris Raceway] is to release energy and to have a positive connection with one’s mind, body and soul. Essentially, [CSPS] just want the kids to sit at home for another night hooked up to electronic games, watching TV and snacking away.
“We enjoy families; I have kids too. We’re always aimed and focused on building the future of the sport. This is a travesty.”
Industry troubleshooting
Ty van Hooydonk, director of product communications for the Motorcycle Industry Council, stressed, “This day in particular, what’s critical for us is we’re rallying everybody at the [four-day] Dealer Trade Show in Indianapolis Feb. 13-16.
“We have representatives available for discussions. There are displays and signs all over the show.
“We have a computer in our booth for online commenting. The tradeshow attendees can easily make their opinions known.
“Consumers need to step up the need for common-sense exclusions.
“The public can do so by visiting the letter generator at the Americans for Responsible Recreation Access Web site, the Motorcycle Industry Council’s Web site or the American Motorcycle Association’s Web site.
“There are directions and links for writing to the CPSC for economic emergency exemption.”

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