Prohibits the distribution, sale or offer for sale of tires which are more than six years old.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the sale of tires
PURPOSE: Mandates all tires aged six years or older to be removed from all tire manufacturers so as to not be sold or distributed to the public.
SUMMARY OF PROVISIONS: Section 1: Subdivision 35 of section 375 of the Vehicle and Traffic law: states that no tire can be sold or offered for sale if the tire is more than six years old. If there is believed to be an infraction, an injunction may be issued to prevent any future infractions. If a court finds a party guilty for violating this law, the punishment is a civil penalty up to five hundred dollars per infraction.
JUSTIFICATION: In 2008, the New York Department of Motor Vehicles reported 1,512 motor vehicle accidents due to tire failure (under-inflation; uneven tires; worn-out tires; etc.). When tires fail, it is very difficult to steer out of the way into safety. These accidents have caused 3 deaths and 559 injuries in one year.
People are misled to believe that they are purchasing new tires when in fact they may be actually purchasing tires that are up to twelve years old. Tires older than six years are at a high risk for tire failure due to the tire rubber drying out.
By implementing a civil penalty, it will entice tire warehouses to be much more diligent about selling tires that are at risk for failure. Currently, salesmen knowingly sell old tires as new to customers while fully understanding the risks that coincide with the sale which is why a penalty is the only viable option.
LEGISLATIVE HISTORY: 2010: S.6876 - Referred to Transportation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1243 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the sale of tires THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 35 of section 375 of the vehicle and traffic law is amended by adding a new paragraph (d) to read as follows: (D) (I) NO TIRE SHALL BE DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE IF SUCH TIRE IS MORE THAN SIX YEARS OLD. (II) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION OR TO ENFORCE THE PROVISIONS OF THIS SECTION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH- OUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02020-01-1