BILL NUMBER: AB 496 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2009
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 amended, 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
automobile tire in writing at the time of sale in
a consumer-friendly manner prior to the sale or
installation of that tire . 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 require a tire
dealer to provide a written disclosure to the customer prior to the
sale or installation of any tire about the risk associated with tire
age in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean,
and to provide a clear and conspicuous written disclosure to the
customer of the length of the remaining factory warranty on any tire
sold as new or used. The bill would provide that any violation
of its provisions is subject to a civil penalty of $250 per violation
. The bill would authorize a person who did not receive these
disclosures prior to the sale or installation of any tire to bring a
civil action for injunctive relief, and would authorize the court to
award to the plaintiff the $250 civil penalty and attorney'
s fees and costs, as specified .
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 experience chemical degradation 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 , including California, showed
that 84 percent of tire-related claims were for "tires over 6 years
old."
(c) Since 2006 many of the 2005, major
tire manufacturers have issued technical bulletins advising
against the use of tires that are six to 10 years old , but
they default to the . However,
most defer to 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
automobile tire in writing at the time of sale in a
consumer-friendly manner prior to the sale or
installation of that tire . 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) (1) A tire dealer shall provide a written disclosure to the
customer prior to the sale or installation of any tire about the risk
associated with tire age in English, Spanish, Chinese, Tagalog,
Vietnamese, and Korean, as follows:
"Tires deteriorate with age, even if they have never or seldom
been used. As tires age they are more prone to sudden failure that
can cause a vehicle to crash. This applies also to the spare tire and
tires that are stored for future use. Heat caused by hot climates or
frequent high loading conditions can accelerate the aging process.
Most vehicle manufacturers recommend that tires be replaced after six
years, regardless of the remaining tread depth."
(2) The disclosure required pursuant to paragraph (1) is not
admissible against the plaintiff in a civil action for product
liability or personal injury.
(c) A tire dealer shall provide a clear and conspicuous written
disclosure to the customer of the length of the remaining factory
warranty on any tire sold as new or used.
(b)
(d) 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)
(e) 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.
108954. (a) A person who did not receive the disclosures required
pursuant to this chapter prior to the sale or installation of any
tire may bring a civil action in a court of competent jurisdiction.
The court may grant injunctive relief in any action brought pursuant
to this section to enforce the requirements of this chapter, and may
award to the plaintiff the civil penalty provided for in Section
108952. The defendant shall be liable for payment of only one civil
penalty pursuant to either Section 108952 or this subdivision with
respect to each violation of this chapter.
(b) Whenever the person bringing the action pursuant to this
section is the prevailing party, he or she shall be awarded attorney'
s fees and costs by the court.