BILL NUMBER: AB 496 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
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 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 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)
(a) 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)
(b) Since 2005, major tire manufacturers have issued
technical bulletins advising against the use of tires that are six to
10 years old. 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)
(c) 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)
(d) 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)
(e) 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)
(f) 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 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.
(2) Nothing in this section affects any rights or duties under any
other applicable statute or law.
(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.
(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.
(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.