NY State Assembly Bill 2009-A11009

Assembly Bill A11009

2009-2010 Legislative Session

Requires a sticker or label to be affixed to any tire identifying the creation date of any tire

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2010	print number 11009a
Jun 22, 2010	amend and recommit to transportation
May 06, 2010	referred to transportation

Bill Amendments

Original

A (Active)

2009-A11009 - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

2009-A11009 - Summary

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.

2009-A11009 - Sponsor Memo

                                BILL NUMBER:A11009

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.

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
in the year 2006, with "8PY' symbolizing a manufacturing shift code.

A sticker on the tire that clearly shows a born on date will allow for
consumers to know exactly how old the tire is 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 there is currently no federal regulation in exist-
ence.

LEGISLATIVE HISTORY:  None.

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE:  This act shall take effect on the ninetieth day after
it shall have become a law.

2009-A11009 - Bill Text download pdf

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

                                  11009

                          I N  A S S E M B L Y

                               May 6, 2010
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee 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 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.
  (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 ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15888-02-0

2009-A11009A (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

2009-A11009A (ACTIVE) - Summary

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.

2009-A11009A (ACTIVE) - Bill Text download pdf

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

                                11009--A

                          I N  A S S E M B L Y

                               May 6, 2010
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee 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  FURTHER
VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN

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

                                                           LBD15888-04-0

A. 11009--A                         2

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.

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