The craziest powersports ‘prohibition’

Here’s a crazy thing to think about: Currently, there is no difference between the retailing of illegal drugs and youth-designed ATVs and motorcycles. They’re both illegal to sell. Of course, the enforcement of one is obviously much different that the other. But still, thanks to the lead law enacted last year, this is likely one the wackiest times ever for retailing youth-designed powersports vehicles.

I mean do you sell them and open yourself up to potential legal liability? The federal government has recently extended a stay of enforcement on the lead content provisions of the controversial Consumer Product Safety Improvement Act (CPSIA), but that has no bearing on what could happen at a state level or from a private party for that matter.

The CPSIA limited the amount of lead allowed in products meant for children 12 years old and younger. While originally aimed at toys originating in China, the law wound up also affecting youth-designed powersports vehicles because certain parts, including batteries and valve stems, may contain lead.

So as a result, the game of gamble concerning the retailing of youth-designed ATVs and motorcycles goes on in a variety of ways. Some OEMs and dealers have chosen simply to stop selling such vehicles while others have either remarketed them or labeled them with stickers that say, “designed for children 12 and older.”

In all this craziness, there is some potentially good news coming to light that we’re discussing in the upcoming Powersports Business. But until then, what do you do? Don’t sell them and negatively affect your business and kids’ access to right-sized vehicles, or sell the units and settle for a permanent case of heartburn?