BILL ANALYSIS
AB 496
Page 1
ASSEMBLY THIRD READING
AB 496 (Davis)
As Amended May 26, 2009
Majority vote
BUSINESS AND PROFESSIONS 7-4
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|Ayes:|Hayashi, Eng, Hernandez, | | |
| |Nava, | | |
| |John A. Perez, Price, | | |
| |Ruskin | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Emmerson, Conway, Niello, | | |
| |Smyth | | |
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SUMMARY : Requires a tire retailer to disclose a tire's
manufacture date upon sale; and, requires a consumer to initial
and date a statement that they have received such information.
Specifically, this bill :
1)Requires tire dealers to disclose the manufacture date of each
new or used tire in a written statement prior to sale, at the
point of sale, or prior to installation, and for the customer
to initial and date the statement.
2)Requires a tire dealer to provide a written disclosure to the
customer prior to sale, at the point of sale, or prior to
installation, of any tire about the risk associated with tire
aging.
3)Specifies that each violation is subject to a fine of $250.
4)Defines "tire dealer" to include any retail tire outlet and
any commercial retailer of any vehicle equipped with tires.
5)Defines "tire" as both new and used tires.
6)Specifies that tires refer to passenger or light truck tires.
7)Exempts the following from disclosure requirements:
a) The private sale of used tires;
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b) The sale or lease of any new or used vehicle; and,
c) The sale of tires by a motor vehicle dealer whose
primary business is the sale or service of motor vehicles.
8)Deems a tire dealer compliant with disclosure requirements if
the customer has initialed and dated the tire manufacture date
disclosure prior to, or at the point of, sale.
9)Makes legislative findings and declarations.
EXISTING LAW provides for the establishment and enforcement of
various product safety standards for consumer products,
including, but not limited to, specified warning labels and the
prohibited sale of hazardous materials.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : According to the author's office, "As tires age,
they experience chemical degradation and become brittle, leading
to potential catastrophic tire tread separations. 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 inconspicuously buried in the depths of
several-hundred-page owner's manuals. Consumer disclosure is an
important step to prevent tragedies that continue to occur when
aged tires fail catastrophically."
The United States Department of Transportation's (USDOT)
National Highway Traffic Safety Administration (NHTSA) sets and
enforces motor vehicle safety standards; and, uses education and
research to reduce deaths, injuries, and economic losses
resulting from motor vehicle crashes. NHTSA awards grants to
states to help them organize, develop, and implement highway
safety programs. NHTSA has conducted multi-year research on the
aging of tires used on light vehicles (passenger cars, light
trucks, and vans) and evaluated several accelerated tire aging
methods to determine their relative effectiveness. A summary of
these findings and recommendations were documented in a report
to Congress in August 2007.
According to the NHTSA report, tire aging refers to the
reduction or loss in a tire's material properties, which over
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time leads to a reduction of performance capabilities. From
1994 to 2004, NHTSA estimates that about 400 fatalities annually
may be attributed to tire failures of all types. Tire failures
can be caused by a number of factors such as under- or
over-inflation of tires, overloading of vehicles, road hazards,
improper maintenance, structural defects, improper installation,
and tire aging.
Tire aging is caused by the effect of heat and oxygen
interacting with the tire's material properties, and results in
oxidation. This process, known as thermo-oxidative degradation,
is accelerated by higher temperatures and is a contributing
factor in certain tire failures, such as tread separation.
Tread separation results from a reduction in peel (adhesion)
strength between the steel belts, an increase in hardness of
most rubber components, a loss of the rubber components' ability
to stretch, increased crack growth rates, and a reduction in
tire cycles to failure in fatigue tests. The loss of a tire's
elasticity can cause it to become dry and brittle inside,
without the appearance of visible signs of degradation. So,
while tires that have never been used before look brand new,
they can be fatally dangerous because the tire treads can,
without warning, suddenly peel off. NHTSA's study of tires in
Arizona found that tire degradation accelerates in hotter
climates. NHTSA's analysis of data provided by a large
insurance company for the years 2002 through 2006 revealed that
while 27% of its policy holders were from Texas, California,
Louisiana, Florida, and Arizona, 77% of its tire claims came
from these states and 85% of these claims were for tires over
six years old. Some manufacturers, such as Ford Motors, have
taken voluntary measures to retire old tires that are at least
six years old.
In its report, NHTSA states that further research on tire aging
is needed in order to decide what further steps, if any, should
be taken to address safety issues related to tire aging, and
maintains that it is unable to isolate tire aging for motor
vehicle crashes because tire age is not coded in most crash
databases.
Since 1971, tire manufacturers have been required to place a
USDOT identification code on the sidewall of a tire. The code
begins with the letters "DOT" and indicates that the tire meets
all federal standards. The next two numbers or letters
represent the plant where the tire was manufactured, and the
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last four numbers represent the week and year the tire was
built. For example, the numbers 3197 means the 31st week of
1997. This information is used to contact consumers if a tire
defect requires a recall.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301
FN: 0000967