S T A T E   O F   N E W   Y O R K
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                                  5298

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of  A.  MORELLE,  MARKEY,  MILLMAN, CLARK, DelMONTE,
  POWELL, BENJAMIN, PERRY, BENEDETTO, BOYLAND -- Multi-Sponsored  by  --
  M.  of  A.  BING, COOK, DESTITO, FARRELL, McENENY, PHEFFER, J. RIVERA,
  N. RIVERA, ROBINSON, SWEENEY, ZEBROWSKI -- read once and  referred  to
  the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  dates of manufacture on tires

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that tires have a limited  service  life  regardless  of  tread
depth  and  use.  Aged  tires  are often unsuspectingly put into service
after having served as a spare, stored  in  garages  or  warehouses,  or
simply  used on a vehicle that is infrequently driven. In many instances
these tires show no visible signs of deterioration. Research  has  shown
that  tread  belt  separations in aged tires have caused nearly 50 acci-
dents, with at least 37 fatalities and 35 serious injuries. The legisla-
ture also finds that the tire age can be determined through decoding  of
the required department of transportation number molded into the side of
a  tire; however, the department of transportation date coding is diffi-
cult to read and can be confusing to the consumer. The National  Highway
Traffic  Safety  Administration is currently conducting research on tire
aging and is studying consumer advisories.  Therefore,  the  legislature
finds  and declares that in absence of any federal regulations, it is in
the best interest of the state to require manufacturers to  display  the
date  of  manufacture  on both sides of any tires sold in this state, as
well as to implement a public outreach campaign to inform  consumers  of
the dangers of operating a motor vehicle with aged tires.
  S  2.  Subdivision 35 of section 375 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08439-01-9

              

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  (D)(I) NO TIRE SHALL BE MANUFACTURED, DISTRIBUTED, OFFERED FOR SALE OR
SOLD IN THIS STATE FOR USE ON A PASSENGER VEHICLE, MULTI-PURPOSE PASSEN-
GER VEHICLE OR LIGHT TRUCK UNLESS A DATE OF MANUFACTURE IS CLEARLY MOLD-
ED ON BOTH SIDES OF THE TIRE IN A NON-CODED FASHION.   FOR THE  PURPOSES
OF  THIS  PARAGRAPH,  THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS: (A) "LIGHT TRUCK" SHALL MEAN A MOTOR VEHICLE WITH A GROSS  VEHICLE
WEIGHT  RATING  OF  LESS THAN TWENTY-SIX THOUSAND POUNDS WHICH IS EITHER
DESIGNED FOR OFF-HIGHWAY OPERATION OR DESIGNED TO PERFORM AT  LEAST  ONE
OF  THE  FOLLOWING  FUNCTIONS:  TRANSPORT MORE THAN TEN PERSONS, PROVIDE
TEMPORARY LIVING QUARTERS, TRANSPORT PROPERTY IN AN  OPEN  BED,  PROVIDE
GREATER   CARGO-CARRYING   THAN  PASSENGER-CARRYING  VOLUME,  OR  PERMIT
EXPANDED USE OF A PASSENGER VEHICLE FOR CARGO-CARRYING PURPOSES OR OTHER
NONPASSENGER-CARRYING  PURPOSES  THROUGH  THE  REMOVAL  OF  SEATS;   (B)
"MULTI-PURPOSE PASSENGER VEHICLE" SHALL MEAN A MOTOR VEHICLE DESIGNED TO
CARRY TEN PERSONS OR LESS WHICH IS CONSTRUCTED EITHER ON A TRUCK CHASSIS
OR  WITH  SPECIAL  FEATURES  FOR  OCCASIONAL OFF-ROAD OPERATION; AND (C)
"PASSENGER VEHICLE" SHALL MEAN ANY MOTOR VEHICLE DESIGNED  FOR  CARRYING
TEN PERSONS OR LESS.
  (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  3. 1. The governor's traffic safety committee, with the cooperation
of the department of motor vehicles, the department  of  transportation,
the division of state police, and any other department, division, board,
bureau, commission, agency or public authority of the state or any poli-
tical  subdivision  thereof  deemed  necessary  by  the committee, shall
develop and implement a public outreach campaign to inform  the  general
public of the dangers of operating a motor vehicle with aged tires.
  Such campaign shall include, but not be limited to:
  (a)  The  development of radio and television public service announce-
ments informing the general public of the dangers of operating  a  motor
vehicle with aged tires;
  (b)  Developing  printed informational materials informing the general
public of the dangers of operating a  motor  vehicle  with  aged  tires,
including a warning to the general public stating that:
  "Testing  has  shown that tires have a much greater propensity to fail
as they age and that both vehicle and  tire  manufacturers  have  recom-
mended  light  trucks  and passenger tires older than six years from the
date of manufacture should not be used, particularly spares.  Old  tires
can  fail  in  use, causing loss of vehicle control and personal injury.
Always reduce speed and drive cautiously if you must use an old tire  in
an  emergency. Replace the tire as soon as possible. All tires should be
replaced ten years after the date of their manufacture."  Such  informa-

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tional  material shall be available in both English and Spanish language
versions;
  (c)  Distributing  informational  materials with each driver's license
application and renewal, and with each motor  vehicle  registration  and
renewal;
  (d)  Making  such  informational  materials  available  to the general
public at all department of motor vehicle offices,  all  county  offices
that provide department of motor vehicle services;
  (e)  Making such informational materials available to motorists at all
New York state automobile dealerships or any other office or agency that
the governor's traffic safety committee deems appropriate;
  (f) Coordinating educational efforts with other states and local agen-
cies and not-for-profit organizations to warn of the dangers of  operat-
ing a motor vehicle with aged tires; and
  (g)  Encouraging existing traffic safety and driver education programs
to include in their curricula information on avoiding operating a  motor
vehicle  with aged tires, the need to reduce speed and the importance of
driving cautiously if you must use an old tire in an emergency, and that
all tires should be replaced ten years after the date of their  manufac-
ture.
  2.  The department of motor vehicles, the department of transportation
and the division of state police, and any department,  division,  board,
bureau,  commission,  agency,  or  public  authority of the state or any
political subdivision thereof deemed necessary by the governor's traffic
safety committee, shall cooperate to the furthest extent possible in the
development and implementation of this campaign.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall only apply to tires manufactured on
or after such effective date.