Bill S7082-2011

Creates the proper tire repair act

Creates the proper tire repair act.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1106
  • Apr 27, 2012: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 5, 2012
Ayes (14): Fuschillo, Larkin, Maziarz, McDonald, Ranzenhofer, Robach, Young, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Valesky
Ayes W/R (4): Johnson, Nozzolio, Zeldin, Adams
Excused (1): Smith

Memo

BILL NUMBER:S7082

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to creating the proper tire repair act

PURPOSE: This proposal adds a new article 12-D, to the vehicle and traffic law that creates the proper tire repair act.

SUMMARY OF PROVISIONS: Section 1. Title.

Section 2. Sets standards for proper tire repair for motor vehicle repair shops. Sets civil penalty.

Section 3. Effective date.

JUSTIFICATION: This legislation will create standards that must be followed for a motor vehicle repair shop to perform a tire repair. Improper tire repairs pose a safety risk to motorists. Repairs outside the repairable area of a tire, repairs performed without removing a tire from the rim/wheel assembly that fail to repair damage to the tire inner liner, and other repairs that fail to conform to industry guidelines increase the risk of tire failure. Improperly repaired tires can fail while in service and may result in a vehicle crash or cause serious personal injury or death.

The Rubber Manufacturers Association (RMA) has provided a proper tire repair standard and offered educational materials to the industry for decades. Careful deliberation and consideration has produced a comprehensive guide to tire dealers and automotive repair outlets for proper tire repairs. However, despite years of education and effort, too many motor vehicle repair shops continue to perform improper tire repairs that put motorists at greater risk of tire failure.

This legislation will allow a tire repair only in accordance with long standing industry standards. Repairs are limited to the tread area only; puncture injury cannot be greater than 1/4 inch (6mm), repairs must be performed by removing the tire from the rim/wheel assembly to perform a complete inspection to assess all damage that may be present, repairs cannot overlap, and a rubber stem, or plug, must be applied to fill the puncture injury and a patch must be applied to seal the inner liner. A common repair unit is a one-piece unit with a stem and patch portion. A plug by itself or patch by itself is an unacceptable repair.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect the thirtieth day after it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7082 IN SENATE April 27, 2012 ___________
Introduced by Sen. GALLIVAN -- 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 creating the proper tire repair act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "proper tire repair act". S 2. The vehicle and traffic law is amended by adding a new article 12-D to read as follows: ARTICLE 12-D PROPER TIRE REPAIR ACT SECTION 399-P. TITLE 399-Q. DEFINITIONS. 399-R. PROPER TIRE REPAIR. S 399-P. TITLE. THIS ACT SHALL BE KNOWN AS THE "PROPER TIRE REPAIR ACT." S 399-Q. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. THE TERM "TIRE" SHALL MEAN A TIRE FOR USE ON MOTOR VEHICLES THAT HAVE A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS. 2. THE TERM "MOTOR VEHICLE REPAIR SHOP" SHALL MEAN MOTOR VEHICLE REPAIR SHOP AS DEFINED BY SUBDIVISION TWO OF SECTION THREE HUNDRED NINE- TY-EIGHT-B OF THIS TITLE. 3. THE TERM "TIRE PATCH" SHALL MEAN A RUBBER COMPONENT USED TO SEAL DAMAGE TO THE INNER LINER OF A PASSENGER OR LIGHT TRUCK TIRE. 4. THE TERM "CURED RUBBER STEM" SHALL MEAN A RUBBER COMPONENT INSERTED IN A PASSENGER OR LIGHT TRUCK TIRE. 5. THE TERM "COMBINATION REPAIR UNIT" SHALL MEAN A SINGLE UNIT COMPRISED OF A TIRE PATCH AND A CURED RUBBER STEM TO REPAIR A PASSENGER OR LIGHT TRUCK TIRE. S 399-R. PROPER TIRE REPAIR. 1. A TIRE REPAIR MAY NOT BE PERFORMED AND WILL BE DEEMED AN IMPROPER REPAIR IF PERFORMED BY A MOTOR VEHICLE REPAIR SHOP WHEN:
(A) THE TIRE TREAD DEPTH IS EQUAL TO OR LESS THAN 2/32 INCH ON ANY AREA OF THE TREAD; OR (B) THE DAMAGE IS TO A TIRE SIDEWALL; OR (C) THE DAMAGE EXTENDS INTO THE TREAD SHOULDER/BELT EDGE AREA; OR (D) THE DAMAGE EXCEEDS 1/4 INCH; OR (E) THE TIRE HAS AN EXISTING IMPROPER REPAIR; OR (F) THE REPAIR WILL OVERLAP AN EXISTING, PROPER REPAIR. 2. IF NONE OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION EXIST, A TIRE REPAIR CAN BE DEEMED TO BE A PROPER TIRE REPAIR IF A MOTOR VEHI- CLE SERVICE SHOP PERFORMS THE REPAIR AS FOLLOWS: (A) DEMOUNT THE TIRE FROM THE RIM/WHEEL ASSEMBLY; (B) INSPECT THE TIRE TO DETERMINE THE EXTENT OF DAMAGE ON THE INSIDE OF THE TIRE; (C) CLEAN THE INNER LINER TO REMOVE ANY CONTAMINANTS INSIDE THE TIRE; (D) REMOVE THE DAMAGED PORTIONS OF THE TIRE; (E) BUFF THE INNER LINER TO CREATE A SMOOTH AND EVEN SURFACE; AND (F) FILL THE INJURY WITH A CURED RUBBER STEM AND PROPERLY INSTALL A TIRE PATCH OR INSTALL A COMBINATION REPAIR UNIT. 3. CIVIL PENALTY. THE COMMISSIONER, OR ANY PERSON DEPUTIZED BY HIM OR HER, MAY, BY ORDER, REQUIRE A MOTOR VEHICLE REPAIR SHOP TO PAY TO THE PEOPLE OF THIS STATE A PENALTY OF FIVE HUNDRED DOLLARS FOR EACH IMPROPER TIRE REPAIR THAT WAS PERFORMED. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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