BILL NUMBER: AB 496 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN ASSEMBLY MAY 26, 2009
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 date of
manufacture of each passenger or light truck tire in writing prior
to, or at the point of, the sale or prior to the installation of that
tire. The bill would require sale documents for tires to include a
statement as to the date of manufacture of the tires, next to which
the customer would be required to initial and date prior to, or at
the point of, the sale. The bill would require a tire dealer to
provide a clear and conspicuous written disclosure to the
customer prior to, or at the point of, the sale or prior to the
installation of any tire about the risk associated with tire age. The
bill's provisions would not apply to the private sale of used tires,
the sale or lease of any new or used vehicle, or the sale of tires
by a motor vehicle dealer whose primary business is the sale or
service of motor vehicles. 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 passenger or light truck tire manufacturers
have issued technical bulletins advising against the use of tires
that are 6 to 10 years old. However, most defer to vehicle
manufacturers' guidelines, which predominantly advise against the use
of tires that are six years old. These bulletins were preceded by
others overseas, like the 2001 British Rubber Manufacturers
Association, which includes all of the major tiremakers or their
subsidiaries.
(c) The tire industry, vehicle manufacturers, and NHTSA recognize
that passenger or light truck 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 date of manufacture of passenger or light truck 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 passenger or light truck 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 date of manufacture
of each passenger or light truck tire in writing prior to, or at the
point of, the sale or prior to the installation of that tire. Sale
documents for tires shall include a statement as to the date of
manufacture of the tires, next to which the customer shall initial
and date prior to, or at the point of, the sale.
(b) (1) A tire dealer shall provide a clear and conspicuous
written disclosure to the customer prior to, or at the point
of, the sale or prior to the installation of any tire about the risk
associated with tire age, as follows:
"Passenger or light truck 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 passenger or light truck 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) 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) "Passenger or light truck tire" shall include both new and
used tires.
(d) This chapter shall not apply to any of the following:
(1) The private sale of used tires.
(2) The sale or lease of any new or used vehicle.
(3) The sale of tires by a motor vehicle dealer whose primary
business is the sale or service of motor vehicles.
(e) A tire dealer shall be deemed to be compliant with the
requirements of paragraph (1) if the customer has initialed and dated
the statement prior to, or at the point of, the sale.
108952. Any violation of this chapter is subject to a civil
penalty of two hundred fifty dollars ($250) per violation.