BILL NUMBER: AB 496	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009
	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
  date of manufacture  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   date of manufacture  of the
tires, next to which the customer would be required to initial prior
to purchase. 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, 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.
   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) 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."
   (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.
   (c) The tire industry, vehicle manufacturers, and NHTSA recognize
that tire age degradation presents a hazard.
   (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.
   (e) The  age   date of manufacture  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.
   (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
  date of manufacture  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
  date of manufacture  of the tires, next to which
the customer shall initial prior to purchase.
   (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  , 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) 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) 
    (c)  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) 
    (d)  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.