senate Bill S7082

Creates the proper tire repair act

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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

  • 27 / Apr / 2012
    • REFERRED TO TRANSPORTATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1106
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Creates the proper tire repair act.

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Bill Details

See Assembly Version of this Bill:
A9683
Versions:
S7082
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add Art 12-D ยงยง399-p - 399-r, V & T L

Votes

14
0
14
Aye
0
Nay
4
aye with reservations
0
absent
1
excused
0
abstained
show Transportation committee vote details

Sponsor 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 compre-
hensive 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.

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

                                  7082

                            I N  S E N A T E

                             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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15143-02-2

S. 7082                             2

  (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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