BILL NUMBER:A11080
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
S T A T E O F N E W Y O R K
________________________________________________________________________
11080
I N A S S E M B L Y
May 13, 2010
___________
Introduced by M. of A. DenDEKKER -- read once and referred 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.
LBD15839-01-0
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