ATVA News January/February 2011

Volume 11, Issue 1 $2.50

‘STAY THE TRAIL’ EXPLAINS CHALLENGES FACING ATV RIDERS PAGE 08

INSIDE The All-Terrain Vehicle Association (ATVA) protects ATVers’ right to ride. It also serves as a source of authoritative information about where and how to ride, products and events. The ATVA is part of the American Motorcyclist Association (AMA), the world’s most powerful voice for motorcyclists. ATVA Enthusiast membership is $29 a year.

A Competition membership is $39 a year. For more information call toll free (866) 288-2564 or check us out online at ATVAonline.com.

THE ATVA NEWS TEAM Bill Kresnak Editor Nora Berardi Art Director Jen Muecke Senior Designer ATVA News is published bimonthly by the All-Terrain Vehicle Association, 13515 Yarmouth Dr., Pickerington, OH 43147. Copyright by the ATVA. Printed in USA. No responsibility is assumed for loss or damage to unsolicited materials.

Send story ideas and high-resolution photos to editor@ATVAonline.com. You may see them in ATVA News. Be sure to include your name and phone number.

FEATURES 08 STAY THE TRAIL Cover photo by McCory James

11 KID’S ATV RIGHTS UNDER ATTACK

DEPARTMENTS 03 ON TRACK 04 LAND GRAB 06 BATTLE BREWING 13 MARKETPLACE 14 CALENDAR OF EVENTS

SNAPSHOT

JOIN THE ATVA If you or someone you know is interested in being a part of the ATVA, log on to ATVAonline.com. Already a member? Send your stories or ideas to editor @ atvaonline.com.

Todd Palma and his nephew, Jason, spend some quality time together in Reidsville, N.C.

Want to share a photo? Send it with your name to Editor@ATVAonline.com.

What’s in a Name?

Unpacking The Baggage Of The New “Wild Lands” Designation Ed Moreland, AMA senior vice president for government relations

On Dec. 22, two days before Christmas Eve and the same day the 111th Congress finally adjourned, U.S. Department of the Interior (DOI) Secretary Ken Salazar signed Secretarial Order 3310. (You can read more about this misguided designation starting on page 4.) A carefully orchestrated “surprise” press conference was staged the following day to announce the creation of “Wild Lands” as a new public lands designation to be managed by the Bureau of Land Management (BLM). Many were left scratching their heads, wondering how this new label would differ from the already confusing and overlapping uses of the terms “wilderness,” “Wilderness” and “Wilderness Study Areas (WSAs).”

Why? Because wilderness, with a small “w,” is the term used to describe vast expanses of land that are uninhabited by human beings. Its definition can be confirmed in any household dictionary. On the other hand, Wilderness with a capital “W” was first coined in the 1964 Wilderness Act, and serves as the most restrictive of all land-use designations in the United States. It is intended to protect pristine, remote areas of public lands affected primarily by nature and carries with it a prohibition on many traditional activities associated with public lands including motorized recreation. It does, however, have to meet the requirements of the 1964 Wilderness Act and be approved

by Congress.

Next we have Wilderness Study Areas (WSA). Long dubbed “Wilderness Lite” because these areas effectively bar access to public lands by any means other than by foot or horseback in limited numbers. The intent of this “management tool” was to allow

the BLM to effectively manage public lands not suitable for Wilderness until the passage of time had allowed everything to grow over enough to meet the more strict definition of Wilderness. While Congress has the right to delist WSAs, it has never done so. Once listed, a WSA is de-facto Wilderness. Either way, you and I are not riding all-terrain vehicles or motorcycles on any of it.

To be clear, the ATVA does not oppose Wilderness designations that meet the strict definition established by Congress in 1964.

But we do oppose efforts to designate new Wilderness that has a history of responsible activity, including off-highway vehicle (OHV) recreation.

Now Salazar introduces the DOI’s new term of art, “Wild Lands.” According to the DOI, BLM land managers will decide what qualifies as “lands with Wilderness Characteristics” and then protect them under the Wild Lands designation. “Wilderness Characteristics,” by their very definition, are vague—and it’s a system ripe for abuse that could leave motorized recreation locked out.

When it comes to Wild Lands, there are a lot of details that the BLM has yet to work out. Disturbingly, the edict was signed the same day Congress adjourned for the holiday season—Dec. 22—and prior to a new Congress taking office. This timing is significant because the announcement coincided with a period of transition between the 111th and 112th Congress, as well as a change of leadership in the House.

If that’s not an end run around Congress and the public, I don’t know what is.

This may have been part of the plan all

along. Back in February 2010, the AMA was among the first organizations to report that the DOI had been working on a thousandpage document that spelled out a strategy to capture public lands for Wilderness designation by any means necessary.

The DOI called it a “brainstorming discussion” but we know better. If our anti-access opponents can’t create new Wilderness by vote, then they’ll get it through sleight of hand.

The result? The Interior Department is now able to suddenly create “Wild Lands”—which are effectively Wilderness—with no congressional approval whatsoever.

Members of Congress have leveled harsh criticism toward the DOI. With few exceptions, no elected officials in Washington knew this plan was coming, or have seen a detailed plan for its implementation. As we go to press, precious few answers have been provided on the management of this new designation.

We know because we asked Secretary Salazar, in a letter dated Jan. 11, to clear up the many issues with this new designation.

We’re also working with our friends in Congress to bring about the changes we know ATV riders want.

What’s in a name? As it turns out, quite a bit.

Rest assured, we’ll take further action on the issue in the coming months. But there’s never been a better time to weigh in on this “Wild Lands” designation than right now.

Please take a moment to visit ATVAonline. com > Rights > Issues & Legislation for a streamlined way to contact your elected representatives.

ON TRACK 3

NEWS

Land Grab

With the stroke of a pen, on Dec. 22 U.S. Interior Secretary Ken Salazar gave federal bureaucrats the power to ban responsible off-highway riding on millions of acres of public land nationwide.

The signing of Secretarial Order 3310 creates a new landuse designation called “Wild Lands” that essentially allows officials in the federal Bureau of Land Management (BLM) to manage public land as if it had received a “Wilderness” land-use designation from Congress, but without requiring congressional approval.

Federal lawmakers quickly dubbed the action a “land grab” and a blatant attempt to usurp congressional authority.

“This is little more than an early Christmas present to the far left extremists who oppose the multiple use of our nation’s public lands,” Rep. Rob Bishop (R-Utah) said at the time.

A Wilderness designation is one of the strictest forms of public land management. Once Congress designates an area as Wilderness, nearly all forms of non-pedestrian recreation are illegal. “Wild Lands” would be managed in the same restrictive manner.

Wilderness designations, created by the National Wilderness Act of 1964, are designed to protect pristine, remote areas affected primarily by the forces of nature. Over the years, however, anti-access groups have lobbied for inappropriate designations to force off-highway riders off public land otherwise well-suited for responsible motorized recreation.

When that has failed, anti-access groups have fought for administrative shutdowns or litigation.

“For decades, radical environmental elitists have used the courts to skirt Congress and the normal public process with respect to public lands,” said an outraged Sen. Orrin Hatch (R-Utah). “It looks like Secretary Salazar is trying to outdo them. When the Grand Staircase-Escalante Monument was 4 January/February 2011

created [in Utah] in secret, I called it the ‘Mother of all Land Grabs.’ This move by Secretary Salazar dwarfs that.

“It is time for this administration to put the needs of Utahns and other Americans above those of a few radical special interest groups who want to make the nation’s public lands their own personal playgrounds,” Hatch said. “I will continue to do everything I can to ensure that it does and that the authority to designate Wilderness stays where it belongs—in Congress.”

The BLM manages about 245 million acres of public land nationwide, primarily in western states.

Bishop said that “Secretary Salazar’s decision to change the existing policy is a blatant attempt to usurp Congress’ role in public land management.

“The Constitution gives exclusive control of the public lands to Congress, and the only authority that the executive branch agencies exercise over the federal lands is that which is delegated by Congress,” he said.

Under Salazar’s order, BLM officials will look at the land they manage and decide which land should be labeled “Lands With Wilderness Characteristics.” Once those decisions are made, the officials will go through a public planning process before designating land as “Wild Lands.”

Ed Moreland, AMA senior vice president for government relations, said: “The Interior Department is now able to suddenly create ‘Wild Lands’—which are effectively Wilderness—with no congressional approval whatsoever.”

Moreland sent a letter to Salazar on Jan. 11 asking him to explain whether the new Wild Lands land-use designation will block traditional routes of travel for off-highway riding in those areas.

In the letter, Moreland asked nine specific questions so that motorcyclists and all-terrain vehicle (ATV) riders can better understand the new designation.

Visit ATVAOnline.com for more information.

Photos Land Grab: NOVHCC; Reid: Official U.S. Senate Photo; Public Lands: Jeff Kardas

New Federal Policy Could End Riding On Millions Of Acres

NEWS AMA/ATVA Wins Significant Victory

Powerful U.S. Senator Backs Down U.S. Senate Majority Leader Harry Reid (D-Nev.) dropped his effort to pass a massive omnibus public lands bill that would have restricted responsible offhighway vehicle (OHV) access to public land. Reid’s action signaled a resounding victory for AMA members and advocates of responsible off-highway vehicle (OHV) recreation.

Reid introduced the legislation—S. 303, the “America’s Great Outdoors Act of 2010”—on Dec. 17 in the closing hours of the 111th Congress as a substitute to unrelated legislation titled the “Federal Financial Assistance Management Improvement Act of 2009.” Reid’s move was reminiscent of the controversial parliamentary tactic he employed in 2009 to close 2.1 million acres of public land to motorized recreation.

“We are pleased that our Sen. James Inhofe (R-Okla.) efforts paid off, and cautiously was one of several senators optimistic that this latest effort to who protested the legislation, keep the American public from saying it was too sweeping to responsibly enjoying America’s consider prior to the end of the U.S. Senate Majority public land has indeed failed,” legislative session. In addition, Leader Harry Reid says Ed Moreland, AMA senior key representatives in the (D-Nev.) vice president for government House, such as House Natural relations. “AMA and ATVA Resources Chairman-elect Doc members played a significant role in this Hastings (R-Wash.), opposed the measure. provisional success, and we thank our “We need to protect public land Action E-list subscribers and others who for future generations, not from future responded to Action Alerts to oppose this generations, and that includes responsible legislation.”

OHV recreational access,” Moreland says.

Ask The ATV Safety Institute: Proper Braking YOU ASK: When I make quick stops on my ATV the rear end always seems to slide out. What am I doing wrong? Do you have any advice for making quick stops?

THE ASI RESPONDS: The two most likely causes of the rear of an ATV sliding sideways under heavy braking are locking the rear wheels and body position.

Apply the brakes at the same time, but apply more pressure to the front brakes and less to the rear brakes. You might be applying the rear brakes sooner or more forcefully than the front brakes, causing the rear wheels to lock and skid.

Ensure you squeeze, not grab the front brake lever, and press, not stomp the rear brake pedal. You should find that applying both brakes at the same time gives you the straightest, quickest stops.

Note that with four-wheel drive, applying either brake has the effect

of braking front and rear wheels, and downshifting causes engine braking that will similarly slow the front and rear wheels simultaneously.

Also, whether you’re sitting on the ATV or standing on the footrests, check that you’re centered and balanced, and ensure you’re looking ahead while stopping, not down at the ground right in front of your ATV. Ensure that any cargo is loaded evenly from side to side. And if you’re in a curve, try to slow down gradually and keep your weight to the inside of the turn while braking.

Finally, consider taking our ATV RiderCourse where you can practice braking and other crucial skills under the supervision of a licensed ASI Instructor.

To enroll in an ATV RiderCourse near you, visit ATVSafety.org or call (800) 887-2887.

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NEWS

Battle Brewing Anti-Access Groups Trying To Shut Down Off-Highway Riding Groups that want to bar off-highway riding from public land made an unsuccessful last-ditch effort in December to get federal lawmakers to shut down more than 2 million acres in 13 states.

That 11th-hour effort included advertisements in the Capitol Hill publications Roll Call and Politico asking federal lawmakers to approve more than 20 bills that would designate public land as Wilderness, which is the strictest land-use designation possible.

Once Congress designates an area as Wilderness, nearly all forms of nonpedestrian recreation are illegal.

The Wilderness Act of 1964 created Wilderness designations to protect pristine, remote areas affected primarily by the forces of nature. In recent years, anti-access groups have lobbied for inappropriate Wilderness designations to force responsible off-highway riders off public land well-suited to off-highway motorized recreation.

“This latest effort by those groups that want to ban motorized recreation from public land shows that we will have a real fight on our hands this year to keep riding areas open,” says Ed Moreland, AMA senior vice president

6 January/February 2011

for government relations. “Anti-access forces make no secret that they want to shut down millions of acres nationwide by designating them as Wilderness when, in fact, there are a variety of other land-use designations they could pursue if they were truly interested in anything other than blocking motorized recreation.”

Anti-access forces in 2009 successfully got federal lawmakers to quickly approve the Omnibus Public Land Management Act that inappropriately designated more than 2 million acres of public land as Wilderness.

The bill—a collection of more than 160 pieces of legislation and more than 1,300 pages of text—received little public input or scrutiny “Riders need to help us by staying on top of the Wilderness bills and then taking action when appropriate,” Moreland says. “The easiest way to do that is to get on our Action E-list so that they can be notified by e-mail when they should contact their lawmakers to block anti-OHV legislation.”

To sign up for the Action E-list, go to ATVAonline.com > Rights > Get Involved.

ATVAonline.com New And Improved

If you haven’t seen it already, then let us introduce you to the ATVA’s new home on the Internet.

First, the new site is your reimagined, redesigned and recharged portal to all things related to ATVing. It includes new and updated content to plug you into your passion, satisfy your craving for ATVrelated information and connect you to your ATVA membership.

It also has dedicated areas for Rights, Riding and Racing to meet the specific interests of ATVA members.

In fact, the Rights area features a new look, as well as an easier-tonavigate layout. You’ll find the same web tools that more than 100,000 motorcyclists and ATV riders used in 2010 to contact their lawmakers about motorcycle-and-ATV-related legislation.

So check it out at ATVAonline.com.

NEWS No Alcohol Allowed At Ohio’s Wayne National Forest

New Rules Also Require Helmets The Wayne National Forest in Ohio now prohibits the use of alcohol and requires off-highway vehicle (OHV) riders to wear helmets and eye protection.

That’s the result of an order signed Jan. 13 by Wayne National Forest Supervisor Jo Reyer.

“After talking with OHV users, law enforcement, emergency responders and our own employees, we realize that opinions about the order will be strong and varied, both in support and opposition,” Reyer said. “But, we feel this action will help reduce the number and severity of off-highway vehicle accidents and bring the forest in line with the safety requirements of other trail providers.”

According to the Ward Township Volunteer Fire and Rescue Department, between 2005 and 2010 there were at least 95 OHV accidents on the Athens Ranger District’s Monday Creek OHV Trail system. The department said that at least one-third of those accidents were

related to alcohol use or not wearing a helmet.

The order states that the possession of alcohol isn’t permitted while riding an OHV in the Wayne National Forest.

The ban also includes no possession of alcohol within 100 feet of the certerline of designated OHV trails and certain access roads, and within 100 feet of the cleared edges of OHV trailheads.

The order covers the Monday Creek OHV Trail system in the Athens District, and the Hanging Rock, Pine Creek

and Superior OHV Trail systems in the popular Ironton District.

The order also requires riders operating or riding an OHV to wear eye protection and a helmet that meets U.S. Department of Transportation (DOT) safety standards.

“Requiring helmet use moves us closer to achieving the forest’s safe and legal OHV use strategy and the commitment we made to the public in the 2006 Revised Forest Plan to strive to provide a safe recreation experience,” Reyer said.

AMA/ATVA’s Royce Wood Honored

National Trails Group Praises Wood’s Advocacy Efforts AMA/ATVA Government Affairs Manager Royce Wood earned a prestigious State Trail Advocacy Award from the national group American Trails,at the American Trails National Symposium Nov. 14-17 in Chattanooga, Tenn.

American Trails is a nonprofit organization that works to create and protect trails on behalf of all trail interests, including motorcycling, hiking, bicycling, mountain biking, horseback riding and more.

The group chose Wood for its State Trail Advocacy Award for Ohio for his successful efforts to influence public policy.

“Royce Wood is a dedicated advocate of recreational trails across the country, paying particular attention to the trails in his current home state of Ohio,” says Pam Gluck, executive director of American

Trails. “As the government affairs manager for the American Motorcyclist Association, Royce spends his professional day defending the rights of those that use all of America’s incredible trails systems. More impressive is his dedication in his personal time to advancing the message that stewardship is an integral part of responsible use of public trails.”

Among other things, Gluck says, Wood continues to promote the need for increased recreational trails funding, safeguard the recreation community from harmful legislation and move motorized recreation toward a positive future.

“Royce practices what he preaches and volunteers multiple weekends during the riding season to the Trail Patrol [at the Wayne National Forest].

He believes the friendly faces of riders

Royce Wood

that help maintain the trails of the Wayne, guide riders along the marked motorized system and offer assistance along the way are critical elements that exemplify the responsible motorized recreation community,” She says.

“Royce Wood personifies the motorized recreation community dedicated to responsible use and the need for reasonable public policy to govern that use,” Gluck says.

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8 January/February 2011

Stay The Trail

Challenges Facing ATV Riders If you’ve ridden ATVs over the past five years, you’ve probably heard of the increased regulation of off-highway vehicles (OHVs), as well as the increased efforts to close off riding opportunities.

Stay The Trail Colorado (StayTheTrail.org) has a unique perspective on this alarming trend. We spoke with Justin Lilly, program coordinator for Stay The Trail Colorado, for his take on the challenges facing riders today.

By Bill Kresnak Photos by McCory James

ATVA News: What is Stay The Trail Colorado? When was it formed and why?

Justin Lilly: It’s an educational program of the Responsible Recreation Foundation, a 501(c)(3) non-profit organization dedicated to off-highway vehicle (OHV) education, ethics and science.

(Editor’s note: The Responsible Recreation Foundation isn’t to be confused with Responsible Trails America, which has an Arlington,Va., post office box for an address.)

Stay The Trail operates under the guidance of an advisory committee comprised of federal land managers, state department representatives, enthusiast groups and the general public. The board of directors for the Responsible Recreation committee is entirely volunteer and oversees not only the Stay The Trail program, but also other initiatives.

Formed in 2002 as a joint program between Colorado State Parks and the Colorado Off-Highway Vehicle Coalition (COHVCO), Stay The Trail operated as a volunteer group until 2007 when a full-time program coordinator was hired.

The program was formed to address concerns from agencies and the general public about irresponsible OHV use on public lands, and to be the premier outreach program in Colorado to encourage responsible use through direct contact with riders and to provide informational resources.

Currently, our outreach fleet includes three trailers, two ATVs, a dirtbike and a full-size truck. All this “on-the-ground” effort is supplemented by our website— StayTheTrail.org.

AN: What’s the group’s mission?

JL: Our mission is to reinforce and highlight responsible OHV use, and to modify and mitigate irresponsible use in an effort to minimize resource damage on public land. Our goal is to create a

statewide culture of responsible OHV use which will continue beyond the life of the project, effectively creating a stewardship ethic among all Colorado OHV recreationists.

AN: What are some of the biggest challenges facing off-highway riders today?

JL: Where to begin? I would say that the biggest challenge, and one that leads to many other challenges, is the change in expectations and regulations concerning off-highway vehicle use.

The change away from the “open unless posted closed” and open travel management situations to that of designated routes and areas as shown on the Motor Vehicle Use Maps (MVUMs) has not been an easy transition.

To start, years ago a trail on the ground was a trail, open unless it was posted only for non-motorized uses or closed, or physically barricaded. The switch to the MVUM-designated routes is confusing to say the least, for many reasons. The majority of riders I meet with actively stay on what would be considered a “trail” on the ground, but that could lead to an issue because without consulting the current MVUM, that route could very well be restricted in vehicle type or closed to motorized vehicles all together.

The MVUMs are not in an easy-to-use format, and can be difficult to obtain. Even hosting them on a single webpage as we have does not fully cater to the needs of the enthusiast in that it is nearly impossible to print off that MVUM without access to a plotter or large-scale printer.

We have tried to answer that by pulling the MVUM data into GoogleMaps, but it can still be complicated.

The MVUM is also a very poor navigation tool in most circumstances because most do not show non-motorized or closed routes. This is a huge issue since there is no 9

legal requirement for signage, creating the potential for riders to accidently end up on a non-designated route, even when they are trying to follow the rules.

Second to that, I would say our biggest challenge is public perception. The idea of a “responsible rider” is one that is not very well publicized and promoted to the general public, but instances of resource damage and user conflict quickly make the front page.

Riding an OHV does not make the rider lazy, nor does it make them out to be a so-called redneck. It is nothing more than another mechanism towards accessing our public lands.

The public perception issue also tends to paint OHV enthusiasts as not interested in stewardship, when the truth is exactly the opposite.

The numerous clubs and associations that have adopted trails and areas put forth thousands of hours of volunteer time, and the OHV community is one of very few that actively fund their own stewardship initiatives through OHV registrations and the subsequent grant processes. This

10 January/February 2011

puts millions of dollars back on the ground for multiuse trail maintenance, restoration and reroutes to protect sensitive areas, construction of sustainable trails and education efforts.

Another issue is finding recreational opportunities that cater to a desired experience. Many unauthorized routes were created to either bypass an obstacle or access a new one. This type of activity leads to trail braiding, and a spider web of “user-created” routes. We have been working to provide information to enthusiasts about areas they may be interested in visiting, particularly terrain type and difficulty.

A novice rider may visit an area, get overwhelmed, and bypass obstacles with the idea that “going around is okay if it’s for my safety.” We are working to correct that perception, and by providing that areaspecific information, are hoping to make some headway with that.

On the other side of that coin, many riders are seeking to be challenged when they ride. They want to see what they can do with their skills and the capability of their machine. Going off-trail to play on a new obstacle or create a new line is just as unacceptable as going around to avoid one.

So again, we are trying to get the information out that there are well-managed legal areas that cater towards that type of experience.

Many of these things lead to issues with travel management outcomes. Previously used authorized trails are being closed, and yet the number of OHV enthusiasts continues to grow. This puts more and more activity on less and less mileage, which increases the chances for user confrontation and trail issues.

AN: What advice would you give riders

who want to protect or create riding areas or trails?

JL: The first thing I always recommend is to be involved. Get to know the land managers in your favorite riding areas.

Many people are surprised to find that many of these managers are riders outside of the work environment who have many of the same concerns as the rest of the OHV community.

Be involved when it comes to travel management decisions. The process is open to the public, and the more voices that are heard, the better the chance of a cooperative agreement over the recreational access in an area being reached.

This leads into those who want to work to create new, sustainable recreational opportunities. The start is to be involved, but it comes down to serious commitment.

The best voices heard in this process are those of clubs, who can help provide management and stewardship of these areas. The clubs, with agency support and the proper environmental analysis studies, can then start to look for sources of cooperative funding.

I’ve heard of great successes working with equestrian and mountain-bike groups as part of the creation of new trails or systems.

The last piece of advice I have is to actively work to correct any negative perceptions. Invite land managers out on club rides. Take non-motorized enthusiasts out, and open the dialogue.

I have found that many members of the general public are not necessarily antiOHV, they are against irresponsible OHV use, which is understandable.

Unfortunately, that brush stroke is often overly broad, and the entire OHV community is painted with the same stroke.

Advertise the things your OHV club does for the community, and actively work to find new opportunities.

If you haven’t already, look into joining a club or participating in clean-up days on public lands and trails.

AN: Is there anything else you would like to add?

JL: The privilege of using motorized vehicles to access our public lands, just like all activities on shared lands, is one that comes with great responsibility.

Knowing where to go and what expectations are in place for resource protection are the first steps towards ensuring that future generations will still be able to enjoy the activities we do today.

We all must work together, as riders, hikers, and equestrian enthusiasts, to promote stewardship and share trails and public lands.

Kids’ ATV Rights Under Attack Machines Could Disappear May 1 Jerry Garvin, his wife, Trish, and their 6-year-old daughter, Julia, of Adams Center, N.Y., enjoy riding ATVs as a family.

But the Garvins fear they may not be able to ride as a family for much longer, thanks to the Consumer Product Safety Improvement Act (CPSIA) of 2008.

In fact, beginning May 1, the sale of kids’ ATVs and dirtbikes by dealers will, in effect, be illegal unless the law is changed, which means there will be no new ATV for Julia to ride when she outgrows her current 2002 Suzuki 50cc ATV. “This is a small machine and she, obviously, will be growing out of it and needing to upgrade to the next-size machine in a year or two,” Jerry says.

“As parents, we want to keep her on the closest-sized machine comparable to her size as she progresses through her skill levels on ATVs. Eliminating the kid-size ATVs and only offering adult-size machines does not seem like a safe progression for youth riders to have to make.”

In response to an influx of children’s toys from overseas containing dangerous amounts of lead, in 2008 federal lawmakers approved, and the president signed into law, the CPSIA, which is commonly called the “lead law.”

The intent was to prevent children from ingesting, inhaling or absorbing unsafe amounts of lead. The law

banned the making, importing, distributing or selling of any product intended for kids 12 and under that contains more than a certain amount of lead.

The CPSIA initially set the limit at 600 parts per million of lead in any accessible part. But under the law, that limit dropped to 300 parts per million on Aug. 14, 2009, and it’s to drop again to 100 parts per million after Aug. 14 of this year.

The law covers everything from children’s toys to ATVs and more.

The law also requires that all children’s products be tested at independent laboratories approved by the Consumer Product Safety Commission (CPSC), which is the federal agency responsible for carrying out the law, to ensure the products comply with the CPSIA’s lead limits.

Enforcement Delayed

Bowing to pressure from ATVA member and others in the riding community, the CPSC delayed enforcing the lead-limit portion of the law until May 1 to give manufacturers time to comply, as well as to get independent labs certified so that they can do testing.

But many

manufacturers and dealers have already stopped selling kids’ ATVs and dirtbikes because of the law. And any remaining dealers who are selling kids’ machines will have to stop sales on May 1 so that they don’t violate the law by selling uncertified machines.

“The CPSIA has effectively banned the sale of age-appropriate youth ATVs and motorcycles because of the lead content of certain components,” Paul Vitrano, general counsel for the Motorcycle Industry Council (MIC) and the Specialty Vehicle Institute of America (SVIA), said earlier.

The Garvin family rides often on their own land as well as on the nearby Lewis County trail system.

“We have a great time,” Jerry says. “We are usually very busy during the week with work and school, and it gives us a chance to get outdoors as a family on the weekend.

“We are teaching our daughter the responsibilities of ATV operation,” he says. “She is out interacting with nature, seeing birds, deer, rivers and streams that she wouldn’t experience if she was sitting inside watching TV or playing video games. The fact that she is learning to respect nature and the importance of safe machine operation from her parents is something that is very important to us.”

The Garvin family wants kids’ ATVs exempted from the CPSIA so that Julia can ride right-

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sized ATVs as she gets a little older.

“We definitely want the mid-size youth ATVs available so we can offer our daughter a safe, fun outdoor experience,” Jerry says. “If your child likes basketball and wears a size one shoe, you don’t given them a size 12 sneaker and tell them to go play ball. You give them a size one sneaker.”

of the House are stepping up and asking the CPSC to delay enforcement of the law,” says Ed Moreland, AMA senior vice president for government relations. “This sends a clear signal that the issue is on the radar of federal lawmakers and they plan to work to solve the problem so that kids have access to right-sized machines.”

Lawmakers Want Change

“Now we must show our support,” Moreland says. “With members of the 112th Congress rolling up their sleeves to get to work, it’s important for all concerned parents and riders to contact their federal lawmakers in the House and Senate to change the lead law. Kids’ dirtbikes and ATVs need to be exempt from the lead-content portion of the CPSIA.” Jerry agrees.

“Hopefully there is enough support for this so we do not legislate another opportunity for our children out of their lives,” he says. “As in anything we do in life, there are risks. And, hopefully more often than not, great rewards for us and our families.”

Moreland notes that the CPSC’s stay of enforcement simply delayed the implementation of the lead-content portion of the law until May 1, and time is quickly running out.

Lawmakers need to know that the law also poses a danger to children because it may force them to ride bigger, more powerful machines because smaller machines simply won’t be available, he says.

And lawmakers need to know that the law hurts thousands of small dealers across America that are already struggling to survive in the current economic climate, he says.

The easiest way to contact federal lawmakers and ask them to exempt ATVs from the CPSIA is to go to the Rights section of the ATVA website at ATVAonline.com. There, you can easily find your lawmakers and send a prewritten e-mail.

Act now. Time is running out for Julia Garvin, and tens of thousands of children like her who enjoy riding ATVs.

Meanwhile, more than a dozen federal lawmakers are asking the CPSC to further delay enforcement of the lead law.

“We do not believe the original intent of the CPSIA was to include these vehicles in the Act’s lead-ban provisions, and we support legislation that would permanently exclude them from the lead ban,” the lawmakers said in a Jan. 4 letter to the CPSC. “As you know, it is extremely important that young motorcycle and ATV riders use only appropriately sized machines,” the lawmakers wrote. “The CPSC, user groups, and the motorcycle and ATV industry all agree that children suffer fewer injuries when they are kept from riding large ATVs designed for adults. The failure to extend the current stay (of enforcement) would be counterproductive to the work that has already been accomplished in promoting youth rider safety.

“Because of the broad definition of ‘children’s products’ within the CPSIA and the CPSC’s interpretation of the lead provision, a permanent legislative solution is needed to exempt the youth-model ATVs and off-highway motorcycles from the lead ban,” the lawmakers wrote. “We ask the commission to extend the current deadline so that we may address this issue during the 112th Congress.”

Rep. Denny Rehberg (R-Mont.) drafted the letter. Others who signed the letter are Reps. Geoff Davis (R-Ky.), Doc Hastings (R-Wash.), Duncan Hunter (R-Calif.), Walter Jones (R-N.C.), Tom McClintock (R-Calif.), Thaddeus McCotter (R-Mich.), Ron Paul (R-Texas), Aaron Schock (R-Ill.), Mike Simpson (R-Idaho), Adrian Smith (Neb.), John Kline (R-Minn.) and Cynthia Lummis (R-Wyo.) “It’s encouraging to see these members

12 January/February 2011

Action Needed

Federal Safety Agency Head Meets With AMA, Others On ‘Lead Law’ Concerns Expressed About Defacto Ban On Kids’ ATVs

AMA President and CEO Rob Dingman and others met Dec. 9 with Inez Tenebaum, chairwoman of the federal Consumer Product Safety Commission (CPSC), to discuss the “lead law” that effectively bans kids’ ATVs and dirtbikes.

Dingman was joined by Ed Moreland, AMA senior vice president for government relations; Sean Hilbert, president of mini-motorcycle manufacturer Cobra Motorcycles; and Davey Combs and Carrie Jo CoombsRussell of MX Sports, which runs the long-running AMA Amateur National Motocross Championships.

Dingman and the others stressed that kids’ ATVs and dirtbikes must be exempted from the Consumer Product Safety Improvement Act (CPSIA) of 2008, which effectively bans the sale of kidsized motorcycles and ATVs. Dingman noted the law is devastating for the families who enjoy motorized recreation, and poses a risk to children who may be forced to ride bigger, more powerful machines.

He also noted that the law hurts dealers across the country struggling for survival in the current economic climate.

Passed in 2008, the law bans the making, importing, distributing or selling of any product intended for children 12 and under that contains more than a specified amount of lead in any accessible part.

The CPSIA was approved by Congress and signed into law in 2008 in response to the importation of toys made overseas that contained dangerous amounts of lead. But the broadly written law ended up covering anything made for kids, including dirtbikes, ATVs, telescopes, microscopes, clothes and even books.

Trace levels of lead can be found in kids’ ATVs and dirtbikes in such things as batteries and brake calipers.

The law also requires that children’s products be tested by independent laboratories approved by the CPSC and be certified that they comply with the law. The CPSC is responsible for carrying out the law.

The ATVA asks members to contact their federal lawmakers and ask them to exempt kids’ dirtbikes and ATVs from the lead-content portion of the CPSIA. Go to ATVAonline.com to do so.

The best way to contact lawmakers is through the ATVA website at ATVAonline.com.

MARKETPLACE Air When You Need It The Stop & Go Portable Mini-Air Compressor is a small package that can get you out of a big jam.

Measuring just 4 inches by 2 inches by 6 inches, it stows easily on an ATV. The built-in pressure gauge allows you to observe the pressure up to 120 psi. It also has a built-in LED light that lets you know it is getting power, and helps you connect to a tire valve after dark. There are three choices for connecting to power: a cigarette lighter adapter, alligator clips to attach to a battery, or hook into an SAE power plug.

MSRP: $34.95 Info: StopnGo.com

A Clear View Many mirrors that attach to ATVs are virtually useless because of vibration caused by the ATV’s engine or a rough trail. The Moose Utility Division has attacked that problem by producing its ATV Mirror with Anti-Vibration Isolator. The mirror attaches quickly and easily to either side of the ATV, and features a panoramic perspective for less visual distortion, a built-in vibration isolating attachment, rubber-cushioned frame and a rectangular shape. The mirror fits tubes up to 1-inch in diameter.

MSRP: $38.95 Info: MooseUtilities.com

AMSOIL’s Reformulated XL Synthetic Oil AMSOIL has reformulated its Extended Life XL Synthetic Motor Oils, which are now available in four viscosities: SAE 5W-20, 5W-30, 10W-30 and 10W-40. The new XL oils contain Extended Drain Boost for longer service life. The oils also now offer better engine protection for reduced maintenance costs. AMSOIL XL Synthetic Motor Oils employ an extra treatment of alkaline additives added to premium synthetic base stocks to neutralize acids.

MSRP: $6.95 - $7.05 a quart Info: AMSOIL.com 13

CALENDAR The following is a listing of events sanctioned by the ATVA. To find the events nearest you, locate your state and contact the promoter for complete details.

Multiple dates will be shown in the listing. The letters after the date indicate which classes of racing are offered. S-Motorcycle meet; T-ATV meet; Y-Youth meet; V-Vintage meet.

ALABAMA

GEORGIA

MOTOCROSS

HARE SCRAMBLES

MAR 19 (V,Y): MAR 20 (V,Y): PELL CITY: NATIONAL; VICTORY SPORTS INC , SAM R GAMMON; 6 AM; MILLCREEK MX PARK/I-20 EX 156/GO SOUTH; (423) 323-5497; VICTORYSPORTS.COM

MAR 12 (V,Y): WASHINGTON: RACER PRODUCTIONS INC, RITA COOMBS; AONIA PASS MX/I-20 EX 72/N ON 78 10 MI; (304) 284-0084; GNCCRACING.COM

CALIFORNIA SCRAMBLES MAR 12 (S,T,Y): LUCERNE VALLEY: 2 DAY EVENT: HUNTINGTON BEACH MC, JIM J HRUBY; JOHNSON VALLEY OHV/NORTH ANDERSON; (661) 510-3245; WWW. HUNTINGTONBEACHMC.COM HARE & HOUND FEB 12 (S,T,Y): RIDGECREST: FOUR ACES MC, RICHARD M WOHLERS; SPANGLER HILLS/ HWY 395 TO TRONA RD; (805) 358-2668; FOURACESMC.ORG FEB 13 (S,T,Y): RIDGECREST: NATIONAL; FOUR ACES MC , RICHIE WOHLERS; SPANGLER HILLS/HWY 395 TO TRONA RD; (805) 358-2668; FOURACESMC.ORG FEB 27 (S,T,Y): LUCERNE VALLEY: CHECKERS MC , KEN DURR; HWY 247 & BESSMER MINE ROAD/EAST ON HSY 18 TO HWY 247; (760) 341-5724; CHECKERSMC.COM ENDURO MAR 20 (S,T,Y): RED MOUNTAIN: PROSPECTORS MC, STEVE RAUEN STEPHENS MIN RD & TRONA RD; (562) 4210128; PROSPECTORSMC.ORG GRAND PRIX FEB 6 (S,T,Y): TAFT: 2 DAY EVENT: DIRT DIGGERS-SOUTHERN CAL, STEVE FREEMAN; 6 AM; HONOLULU RACEWAY/I-5 TO HWY 119, W-AIRPORT RD, STH TO HONOLULU; (601) 261-3308; DIRTDIGGERSMC.COM MAR 5 (S,T,Y): SAN BERNARDINO: 2 DAY EVENT: PRAIRIE DOGS MC, CRAIG HUNTER; GLEN HELEN RACEWAY/18585 VERDEMONT RNCH RD/I-215N TO PALM AVE EX; (714) 231-6718; PRAIRIEDOGSMC.COM

FLORIDA HARE SCRAMBLES MAR 6 (V,Y): RIVER RANCH: RACER PRODUCTIONS INC, RITA COOMBS; 0 M; WEST GATE RIVER RANCH; (304) 284-0084; GNCCRACING.COM 14 January/February 2011

MOTOCROSS FEB 26 (V,Y): FEB 27 (V,Y): WASHINGTON: NATIONAL; VICTORY SPORTS INC, SAM R GAMMON; 6 AM; 3030 THOMSON RD/AONIA PASS MX; (423) 323-5497; VICTORY-SPORTS. COM MAR 20 (S,T,Y): DALTON: LAZY RIVER MX RANCH, VICKE ROBERTS; 8 AM; BROWNS BRIDGE RD; (706) 278-1620; LAZYRIVERMOTOCROSS.COM

FEB 19 (S,T,Y): GRANT: MUSKEGON MOTORCYCLE CLUB, RUSS HANSON; 8 AM; BLANCH LAKE; (231) 726-6937; MUSKEGONMOTORCYCLECLUB.COM FEB 27 (S,T,Y): PORT HURON: PORT HURON MOTORCYCLE CLU, PATTY WISNIEWSKI; 7 AM; 3376 GRISWOLD RD/FOLLOW I-69 BUSINESS LOOP TO 1ST TRAFFIC LT; (810) 327-1062; PHMC-USA.COM

NEW MEXICO HARE SCRAMBLES FEB 20 (S,T,Y): ALAMOGORDO: PRAIRIE DAWG MC INC, CARL WOOD; MILE POST 45, US HWY 54/MILE POST 45, US HWY 54; PRARIEDAWGMC.COM

NEW YORK

ILLINOIS

ICE RACE

HARE SCRAMBLES

FEB 12 (S,T,Y): LAKE GEORGE: 2 DAY EVENT: ELECTRIC CITY RIDERS, FRANK CARPINELLO; 8 AM; DUFFYS TAVERN/20 AMHERST ST LAKE GEORGE NY 12845; (518) 542-2144; ELECTRICCITYRIDERS.COM

FFEB 27 (S,T,Y): KEITHSBURG: BURLINGTON VALLEY DUSTERS, DAVID CROMER; 8 AM; SANDY OAKS CAMPGROUNDS/NORTH OF OQUAWKA; (319) 753-6961

MARYLAND MOTOCROSS FEB 6 (S,T,Y): LEONARDTOWN: BUDDS CREEK MOTOCROSS PAR, JOHNATHAN BEASLEY; 6 AM; RT 234 BUDDS CREECK; (301) 475-2000; BUDDSCREEK.COM FEB 13 (S,T,Y): FEB 20 (S,T,Y): FEB 27 (S,T,Y): MAR 6 (S,T,Y): MAR 13 (S,T,Y): LEONARDTOWN: BUDDS CREEK MOTOCROSS PAR, JONATHAN BEASLEY; 6 AM; RT 234 BUDDS CREECK; (301) 475-2000; MAR 20 (V,Y): BUDDS CREEK: BUDDS CREEK MOTOCROSS PAR, JONATHAN BEASLEY; 6 AM; BUDDS CREEK MX PARK/27963 BUDDS CREEK RD; (301) 475-2000;

MICHIGAN ICE RACE FEB 6 (S,T,Y): BENTLEY: VALLEY TRAIL RIDERS, BRAD BOTZAU; 7 AM; 4957 E BROWN RD; (989) 879-6397; VALLEYTRAILRIDER. TRIPOD.COM FEB 12 (S,T,Y): FEB 13 (S,T,Y): WEST BRANCH: H AND L RACING, KYLE HAWLEY; 7 AM; 3247 COOK/I-75 TO EX 212; (989) 312-1237;

MUD & SNOW SCRAMBLES FEB 6 (S,T,Y): FEB 20 (S,T,Y): PORT CRANE: SQUARE DEAL RIDERS M/C, ANDREW BALMER; 8:30 AM; 163 ALLEN RD/EX 5 I-88 RT 7 W TO ALLEN RD; (607) 693-2634; SQUAREDEALRIDERS.COM

NORTH CAROLINA HARE SCRAMBLES MAR 26 (V,Y): MORGANTON: RACER PRODUCTIONS INC, RITA COOMBS; STEELE CREEK CAMPGROUNDS; (304) 284-0084; GNCCRACING.COM MOTOCROSS FEB 4 (S,T,Y): FLETCHER: INDOOR; VICTORY SPORTS INC, SAM R GAMMON; WESTERN NC AG CENTER/1301 FANNING BRIDGE RD; (423) 323-5497; VICTORYSPORTSRACING. COM FEB 5 (S,T,Y): FLETCHER: INDOOR; VICTORY SPORTS INC, SAM R GAMMON; WESTERN NC AG CENTER/1301 FANNING BRIDGE RD; (423) 323-5497; VICTORYSPORTSRACING. COM FEB 6 (S,T,Y): ELLERBE: WINDY HILL SPORTS, PEGGY USSERY; 6 AM; 2782 US HWY 220N/3 MI N OF TOWN; (910) 895-4387; WINDYHILLSPORTSMX.COM

OHIO

PENNSYLVANIA

TENNESSEE

HARE SCRAMBLES

SHORT TRACK

MOTOCROSS

MAR 13 (S,T,Y): LOGAN: HOCKING VALLEY MOTORCYCLE, KEVIN M FLEAHMAN; 8 AM; 13121 JAKE TOM RD/US RT 33 EX SR 328/FOLLOW ARROWS; (740) 385-7695; HOCKINGVALLEYMC.COM

MAR 20 (S,T,Y): HANOVER: TRAIL-WAY SPEEDWAY, BRAD HOSTETTER; 100 SPEEDWAY LANE/5 MI W OF TOWN OFF PA RT 116; (717) 359-4310; TRAILWAYSPEEDWAY.COM

FEB 11 (S,T,Y): WHITE PINE: INDOOR; VICTORY SPORTS INC, SAM R GAMMON; SMOKEY MTN EXPO ARENA/1615 PAVILION DR; (423) 323-5497; VICTORYSPORTSRACING.COM

GRAND PRIX

MAR 26 (S,T): SPRING RUN: TWO WHEEL PROMOTIONS, VICKI FLOWERS; 12 PM; 17911 DRY RUN RD W/PA TURNPIKE EX 189 RT 75 N, 641 W TO DRY REIN; (717) 349-7111; PATHVALLEY.COM

FEB 12 (S,T,Y): WHITE PINE: INDOOR; VICTORY SPORTS INC, SAM R GAMMON; SMOKEY MTN EXPO ARENA/1615 PAVILION DR; (423) 323-5497; VICTORYSPORTSRACING.COM

MOTOCROSS

VIRGINIA

FEB 19 (S,T,Y): HARRISBURG: 2 DAY EVENT: TRAIL-WAY SPEEDWAY, BRAD HOSTETTER; FARM SHOW COMPLEX; (717) 359-7056; MOTORAMAEVENTS.COM

CROSS COUNTRY

MAR 20 (S,T,Y): LITTLE HOCKING: WILDWOOD LAKE RACEWAY, BRENT WINDLAND; 8 AM; 2392 WILDWOOD LAKE RD/SR50/7 TO SR555 TO WELCH RD TO WILDWOOD LAKE; (740) 331-5163; WILDWOODLAKERACEWAY.COM MOTOCROSS MAR 27 (S,T,Y): SUGAR GROVE: CENTRAL OHIO COMPETITION, JANET FOUT; 6 AM; 9171 BUCKEYE RD/6 MI E OF LANCASTER/ LEFT AT LIGHT; (740) 983-3937; COCRMX. COM

SOUTH DAKOTA MOTOCROSS

MAR 20 (S,T,Y): AXTON: LONE RIDER PRODUCTIONS, TIM NORRIS; 400 MOVIE MOVERS E/BETWEEN MARTINSVILLE & DANVILLE OFF HWY 58; (804) 920-2529; VXCS.ORG

MAR 26 (S,T): MAR 27 (S,T): BLACKSBURG: QUALIFIER; VICTORY SPORTS INC, SAM R GAMMON; 6 AM; IRON CITY MOTORSPORTS PARK/120 HENSON RD; (423) 323-5497; VICTORY-SPORTS.COM

Members’ Insurance Program The AMA/ATVA Members’ Insurance Program is designed to help provide you and your family with high quality insurance plans. The following AMA/ATVA-sponsored insurance product offers 3 plan options, especially designed for AMA/ATVA riders, support crew and officials at AMA/ATVA amateur or road sanctioned events.

Rider Accident Medical Plan

To learn more about this product including plan features, costs, eligibility, renewability, limitations and exclusions and to access product application/enrollment forms go to: www.insurance4ama.com. Or for questions, call the administrator, Selman & Company, at 1-800-556-7614, Monday through Friday, 9 a.m. to 5 p.m. EST.

Underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies.

0110AD

2010 OFF-HIGHWAY SUMMARY

The AMA Government Relations Department monitors approximately 1,373 pieces of state legislation related to both on- and off-highway riding in all 50 states each year and takes action when necessary. Those actions include informational mailings to AMA members, news releases, testimony and providing information to key legislative committees. Here’s a breakdown of the off-highway legislation followed during the 2009-2010 legislative sessions around the country through Nov. 24.

Miscellaneous: Equipment requirements, emissions regulation, sound regulation, and utility vehicles (59 bills) Land Use: Regulation of motorized recreation (57 bills) OHV Road Use: The use of vehicles designed for offroad use on public roads (51 bills) Snowmobile: Trends in snowmobile program funding and regulation often precede similar trends for other OHVs (45 bills) Motorized Trail Program: Programs that create and maintain motorized trails (33 bills) Registration (33 bills)

57

OHV: Regulation of off-highway vehicles other than dirtbikes and ATVs (28 bills)

51 59 4

45

7 8 9 12

33 25

Liability and Insurance: Includes legislation affecting liability exposure for private and public motorized recreation property owners and operators, racing facility liability, and individual liability insurance requirements (28 bills) ATV: Regulations specific to all-terrain vehicles (26 bills) Youth: Regulations involving the use of dirtbikes and ATVs by youngsters (25 bills)

26 28

28

33

Alcohol/Impaired Operation (12 bills) Tax: Taxes levied on dirtbikes that don’t directly benefit a motorized trails program (9 bills) Rider Education (8 bills) Helmet Usage (7 bills) Titling (4 bills)