Requires a sticker or label to be affixed to any tire being sold in the state identifying the creation date and manufacturer of any tire.
BILL NUMBER: S7005A
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 tired shall be distributed, sold or offered for sale in this state unless 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 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.
When a violation is reported, an application may be made to the Attorney General. If it is determined that there was in fact a violation, a civil penalty of no more than five hundred dollars per violation may be imposed.
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 '8PY' symbolizing a manufacturing shift code.
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, resulting 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 : None.
FISCAL IMPLICATIONS : Nominal charges to tire manufacturers in compliance with this proposed new paragraph.
EFFECTIVE DATE : This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7005--A IN SENATE March 5, 2010 ___________Introduced by Sens. ADDABBO, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 DEFENDANT HAS, IN FACT, VIOLATED THIS SUBDIVISION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHEREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15888-03-0 S. 7005--A 2
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.