Requires a sticker or label to be affixed to any tire being sold in the state identifying the creation date and manufacturer of such tire.

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S1916-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S1916-2013 Memo

BILL NUMBER:S1916

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to the sale of tires

PURPOSE:   The purpose of this bill is to significantly reduce accidents
caused by tire failure through consumer awareness.

SUMMARY OF PROVISIONS:  Subdivision 35 of section 375 of the vehicle and
traffic law is amended by adding a new paragraph (d) which  states  that
no  tire  shall  be  distributed, sold or offered for sale in this state
unless a label or sticker determined by the Commissioner is  affixed  to
such  tire  clearly displaying the manufacturer and the date of creation
of such tire prior to its sale. In addition,  the  accompanying  receipt
from  the sale of the tire shall state the manufacturer and the creation
date of the tire. Installation of a tire by anyone other than the  owner
of  the motor vehicle shall include a sticker affixed to the tire and an
accompanying receipt indicating the manufacturer and  creation  date  of
the tire.

Provisions  of  this  new paragraph shall not apply to any motor vehicle
with tires installed as of the effective date of this paragraph.

EXISTING LAW: None.

JUSTIFICATION:  Tires have a limited shelf life despite how deep a tread
may appear or the usage amount. To the  average  eye,  tires  that  have
exceeded  their  shelf life may appear perfectly normal with no signs of
deterioration. Research shows that the poor condition of  the  tires  is
due  to  shelf  life,  improper  temperatures and unclean facilities. In
2008, the New York State Department of Motor Vehicles released a  report
stating  that  there  were over 1,500 accidents due to tire failure with
over a third resulting in personal injury (tire failure  occurs  when  a
tire is under-inflated, uneven or worn-out, amongst other conditions).

Many  car  owners are unaware of the tire creation date due to placement
of the date within the top sidewall portion of  a  hot  tire  mold.  The
date,  written as a manufacturing shift code, is cryptic and perplexing.
For example, the code "8PY806", means a tire was created on the 8th week
('8') in the year 2006 ('06'), with 'SPY'  symbolizing  a  manufacturing
shift  code. It makes sense to display the manufacturer and the creation
date on a label or sticker as it is instantaneous in providing  informa-
tion  to the consumer. A label or sticker on the tire that clearly shows
a "born on date", and a sales receipt indicating  the  manufacturer  and
creation  date  of the tire will allow for consumers to know exactly how
old the tire is,  which  results  in  consumer  awareness  and  accident
prevention.  It  is in the best interest and responsibility of the state
to move forward with regulations regarding tire  failure  since  federal
regulation of a manufacturing shift code is perplexing to the public.

LEGISLATIVE  HISTORY:    2010:  S.7005 - Reported and Committed to Codes
from Transportation.  2011-2012: S.1240 - Referred to Transportation.

FISCAL  IMPLICATIONS:   Nominal charges to tire manufacturers in compli-
ance with this proposed new paragraph.

EFFECTIVE DATE:  This act shall take effect on the ninetieth  day  after
it shall have become a law.

S1916-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1916

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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 UNLESS, PRIOR TO THE SALE OF SUCH TIRE, A LABEL OR  STICKER  IN  A
  MANNER  AND FORM TO BE DETERMINED BY THE COMMISSIONER IS AFFIXED TO SUCH
  TIRE CLEARLY DISPLAYING THE MANUFACTURER AND THE  DATE  OF  CREATION  OF
  SUCH  TIRE.  UPON  SALE  OF  A  TIRE  A RECEIPT SHALL BE PROVIDED TO THE
  PURCHASER WHICH INDICATES THE MANUFACTURER AND THE DATE OF  CREATION  OF
  SUCH TIRE.
    (II)  THE  PROVISIONS  OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT
  APPLY TO ANY MOTOR VEHICLE WITH TIRES INSTALLED AS OF THE EFFECTIVE DATE
  OF THIS PARAGRAPH.
    (III) NO TIRE SHALL BE INSTALLED IN  THIS  STATE  UNLESS  THE  STICKER
  REQUIRED  BY SUBPARAGRAPH (I) OF THIS PARAGRAPH IS AFFIXED TO SUCH TIRE.
  UPON INSTALLATION OF A TIRE BY ANYONE OTHER THAN THE OWNER OF THE  MOTOR
  VEHICLE A RECEIPT SHALL BE PROVIDED WHICH INDICATES THE MANUFACTURER AND
  THE DATE OF CREATION OF SUCH TIRE.
    (IV) WHENEVER THERE SHALL BE A VIOLATION OF THIS SUBDIVISION, APPLICA-
  TION  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 DEFEND-
  ANT  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04971-01-3

 S. 1916                             2

  DEFENDANT HAS, IN FACT, VIOLATED THIS SUBDIVISION, AN INJUNCTION MAY  BE
  ISSUED  BY  SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
  VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
  INJURED  OR  DAMAGED  THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A
  VIOLATION OF THIS SUBDIVISION 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 ninetieth day  after  it  shall
  have become a law.