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

                                  2505

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03555-01-3

              

A. 2505                             2

  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:
  (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.