senate Bill S1240

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 06, 2011 referred to transportation

Co-Sponsors

S1240 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง375, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S7005A

S1240 - Bill Texts

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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.

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BILL NUMBER:S1240

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 tire shall
be distributed, sold or offered for sale in this state unless a label
or sticker 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. In addition, the accompanying receipt from the
sale of the tire shall state the manufacturer and the creation date of
the tire. Installation of a tire by anyone other than the owner of the
motor vehicle shall include a sticker affixed to the tire and an
accompanying receipt indicating the manufacturer and creation date of
the tire.

Provisions of this new paragraph shall not apply to any motor vehicle
with tires installed as of the effective date of this paragraph.

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
underinflated, 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 ('8') in the year 2006 ('06'), with 'SPY' symbolizing
a manufacturing shift code. It makes sense to display the manufacturer
and the creation date on a label or sticker as it is instantaneous in
providing information to the consumer. A label or sticker on the tire
that clearly shows a "born on date", and a sales receipt indicating
the manufacturer and creation date of the tire will allow for
consumers to know exactly how old the tire is, which results 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 federal regulation of a manufacturing
shift code is perplexing to the public.


LEGISLATIVE HISTORY:
2010: S.7005 - Reported and Committed to Codes from Transportation.

FISCAL IMPLICATIONS:
Nominal charges to tire manufacturers in compliance with this proposed
new paragraph.

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

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

                                  1240

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. ADDABBO, PARKER -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02023-01-1

S. 1240                             2

ISSUED  BY  SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
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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