senate Bill S1243

Prohibits the sale of tires which are more than six years old

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Prohibits the distribution, sale or offer for sale of tires which are more than six years old.

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Bill Details

See Assembly Version of this Bill:
A2095
Versions:
S1243
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง375, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S6876, A11080

Sponsor Memo

BILL NUMBER:S1243

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.

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

                                  1243

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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

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