ATVs Not Toys: Federal Law Makes No Distinction

BROOKLAND, AR (KAIT) - The Consumer Product Safety Improvement Act passed by Congress sets new limits on the amount of lead a "children's product" can contain, but some items in the list have parents and motorcycle enthusiasts outraged.

"The lead is in the engine and no 10-year old or 12-year old, or even younger than that is going to break into the engine," said David Simpson.

The federal law states retailer cannot sell "children's products" containing .06% by weight. Under the new law, all products must be certified to prove its compliance with the law.

To read the legislation, click here.

Fawn Simpson, mother of 2, said Tuesday that Congress included ATVs and off-road motorcycles in the ban because the engine and other parts contain lead.

"My kids are not going to tear into no 4-wheeler and break down the motor if it tears up, I'm going to send it to a shop," said Fawn.

The law was designed for protecting children, but parents said lead is the least of their concerns.

"Hitting something, having a wreck on it or something like that, that's basically the biggest danger," said Fawn.

"Where we live at, I mean, there's a bunch of farm equipment and they ride on 2 acres, now they could hit a tongue sticking out on some farm equipment or something like that," said David.

Duane Harvey, owner of Harvey's Motorsports & More, Hwy. 49 North, in Brookland said the law will impact the economy. His store has reported slower sales over the last year, and more regulation of his products would only hamper sales.

"Sales have come down quite a bit because people just don't have the money, I've had a lot of people come in saying when they got their tax money, they was going to get something for their kids," said Harvey.

He said if the new law isn't reworked, then an entire sector of his business could fall flat.

"It needs to be addressed because I don't see where that's a problem with older, older children, now I understand little babies in cribs, you know, that's a whole different story, but when you get into kids that's out of the chewing stage so to speak, I've just never seen anybody gnaw on the handlebars or the side of their bike, what have you," said Harvey.

"Kids are big enough, they're not going to be chewing on the parts anyway, best I can tell, some of the stuff with aluminum, supposedly has some parts of lead, it's a manufacturing part, not just paint," said Harvey. "Everybody wants their kids to have something to enjoy and get outdoors, and you know, kids don't need to sit in the house all the time and watch TV."