Dirt Bikes (Motorcycles) and ATV Sales Intended for Children 12 and Under Are Now Illegal.

California Motorcycle Accident Attorney Norman Gregory Fernandez discusses the Federal Ban on Dirt Bikes and ATVs for children under 12A new federal law bans the sale of off-road vehicles made for kids under 12, part of a broader measure aimed at preventing lead poisoning in children. This law, effective February 10, 2009, cracked down on the selling of those hazardous items.

Retailers say the law is overly broad and children have a minuscule risk of lead exposure from engine components and other parts of the vehicles.

The federal Consumer Product Safety Improvement Act, born amid outcries over children getting sick from lead components in toys imported from China, puts in place new strict standards for testing and safety in a wide range of toys used by children, including ATVs.

For now, all models must be pulled until tests can be developed to detect lead, or until industry advocates succeed in getting models exempted from the law.

That means retailers across the country are stuck with inventory sitting in their showrooms that they might not ever be able to sell. The law could cost the industry billion for this year alone, according to an estimate from the Specialty Vehicle Institute of America and the Motorcycle Industry Council.

There is a safety concern among off-roaders. Kids’ vehicles sport small engines, weigh less and go slower. If parents can’t get the smaller-sized bikes because of the ban, they might buy the bigger ones. And the children might not be able to handle them.

I will tell you what, the way things are going with Federal Legislation, it won’t be long before the Feds outlaw kids’ using knifes to eat with. Geez. I think they have gone way too far with this law.

Look don’t get me wrong, I think that children should be protected from many things. But in this particular instance, I think it should be up to parents as to whether their children should ride junior sized dirt bikes or ATV’s.

Hell when I was 5 or 6, my dad first put me on a mini-bike. My cousins and I spent many fine days in the desert and near Lake Elsinore, riding our motocross bikes.

I was racing motocross at the Irwindale Raceway in the 80cc division at a young age.

With the new laws, a whole generation of kids will not enjoy the pleasures of dirt biking unless they get on something meant for adults. The law actually makes it more dangerous for them.

I say, everyone should write their congressmen and tell them that this new law is asinine.

The new legislation will also ding a billion dollars of commerce from our economy while we are in a depression.

By California Motorcycle Accident and Biker Lawyer, Norman Gregory Fernandez, © 2009

Previous Article

Next Article

8 Comments

  1. Jeff

    The CPSC counsel has already shot down request for exception. It would appear the language does not give them authority to immediately do so. I’m trying to find out what the process would look like. Does anyone think a kid will put his mouth on a lead battery terminal or valve stem on his tire?

    -Jeff
    http://motorcyclesafetynews.com

    Reply
  2. Amber Sanchez

    I agree! They have gone to far. Lead, geeze. You know I grew up in a house that was full of lead paint and I am sure I had it in my system, you know what, I never got sick! I have never seen a child much less anyone for that matter “Lick” an ATV! I was so happy when I found out they had a quade my daughter could actually ride her self. I saved up my money and now this!!! It is hard to go out riding with the family when my kids have to sit back watch! I am outraged! This is taken way out of proportion. We all should write our congressmen about this. First they take the rights away from Riverside County and now this! What next? Are they going to ban camping? I wouldn’t put it past them. You know this county is becoming more and more like a third world country every day.

    Reply
  3. Carol

    I agee with Amber, this law is going one step further in controling our lives and freedom I have been riding since I was 10 and my husband has been riding since he was the same age. Also, whate about the motorcycles already purchased for children under age 12? Are they now breaking the law if they ride a dirt bike??

    Reply
  4. Mike

    Lead poisioning? They’ve got to be kidding. Why not just come clean and admit they don’t want kids roaring around the trails.

    Reply
  5. Sue

    I was born and raised in a small town in central Illinois and I was on a dirt bike at a very young age, it’s a shame that the government has to yet again step in and make decisions that should be in the hands of the parents themselves

    Reply
  6. Bildo

    Our govt is out of control. Time to reign them in.

    Reply
  7. buyusaonly

    That’s what happens when we money hungry and lazy ass Americans send corporate businesses and jobs over seas!
    We are killing ourselfs!

    Reply
  8. toughboomer

    In our days there was no protection! crap and still here we are! No wounder the youth today are soft and out of shape. Cant spank um they took away there playgrounds now fun on two wheels. The feds are worried about lead? so what’s the difference driving in traffic with the windows down or all those plastics built into the cars? The only Tough i see now days is the stupid laws they are creating to make us all SOFT!

    Reply

Submit a Comment

Your email address will not be published. Required fields are marked *

Subscribe To Our Newsletter

Join our mailing list to receive the latest news and updates from our team.

You have Successfully Subscribed!