BILL NUMBER: AB 496	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 24, 2009

   An act to add Chapter 12 (commencing with Section 108950) to Part
3 of Division 104 of the Health and Safety Code, relating to product
safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 496, as introduced, Davis. Tire age degradation: consumer
disclosure.
   Existing law provides for the establishment and enforcement of
various product safety standards for consumer products, including,
among others, requiring specified warning labels for water heaters,
and prohibiting the sale of contaminated toys and lead-tainted
tableware.
   This bill would require a tire dealer to disclose the age of each
tire in writing at the time of sale in a consumer-friendly manner.
The bill would require sale documents for tires to include a
statement as to the age of the tires, next to which the customer
would be required to initial prior to purchase. The bill would
require tire dealers to retain those sale documents for at least 3
years. The bill would provide that any violation of its provisions is
subject to a civil penalty of $250 per violation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Testing and real-world data has shown that tires have a much
greater propensity to fail as they age. As tires age, they can dry
out and become brittle, leading to potentially catastrophic tire
tread separations. Hot climates accelerate tire degradation.
According to the research firm, Safety Research & Strategies, 167
vehicle crashes have been attributed to aged tires, with 192 injuries
and 139 fatalities.
   (b) In a 2007 report to Congress, the National Highway Traffic
Safety Administration (NHTSA) acknowledged that "tire aging is a
serious safety issue." NHTSA also reported that insurance statistics
from a number of states showed that 84 percent of tire-related claims
were for "tires over 6 years old."
   (c) Since 2006 many of the tire manufacturers have issued
technical bulletins advising against the use of tires that are six to
10 years old, but they default to the vehicle manufacturers'
guidelines, which are predominantly six years. These bulletins were
preceded by others overseas, like the 2001 British Rubber
Manufacturers Association, which includes all of the major tire
makers or their subsidiaries.
   (d) The tire industry, vehicle manufacturers, and NHTSA recognize
that tire age degradation presents a hazard. However, the outreach to
consumers has been virtually nil.
   (e) Vehicle and tire manufacturers have recommended light truck
and passenger tires older than six years from the date of manufacture
should not be used, particularly spares. Currently, nearly all
vehicle manufacturers have adopted a six-year policy warning that
tires should be removed from service after six years, regardless of
tread depth or use. Unfortunately, these warnings are often
inconspicuously buried in the depths of a several hundred page owner'
s manual.
   (f) The age of tires can be determined by checking the
identification number on the sidewall that begins with the letters
"DOT." The last four digits represent the week and year the tire was
manufactured. However, this code is inconspicuously positioned on the
tire, and a consumer would not likely be able to understand the DOT
number unless he or she had prior knowledge about how to decode it.
   (g) Consumer disclosure is an important step to prevent tragedies
that continue to occur when aged tires fail catastrophically.
  SEC. 2.  Chapter 12 (commencing with Section 108950) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 12.  TIRE AGE DEGRADATION


   108950.  (a) A tire dealer shall disclose the age of each tire in
writing at the time of sale in a consumer-friendly manner. Sale
documents for tires shall include a statement as to the age of the
tires, next to which the customer shall initial prior to purchase.
Sale documents containing the initials of a customer as required by
this section shall be retained by the tire dealer for at least three
years.
   (b) For purposes of this chapter, both of the following shall
apply:
   (1) "Tire dealer" shall include any retail tire outlet and any
commercial retailer of any vehicle equipped with tires.
   (2) "Tire" shall include both new and used tires.
   (c) This chapter shall not apply to the private sale of used tires
or any used vehicle.
   108952.  Any violation of this chapter is subject to a civil
penalty of two hundred fifty dollars ($250) per violation.