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REFERENCE TITLE: unsafe vehicle tires; use; sale |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2160 |
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Introduced by Representative Campbell
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AN ACT
AMENDING SECTIONS 28‑958 AND 44‑1301, Arizona Revised Statutes; AMENDING TITLE 44, CHAPTER 9, ARTICLE 8, Arizona Revised Statutes, BY ADDING SECTION 44‑1302.01; RELATING TO TIRES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-958, Arizona Revised Statutes, is amended to read:
28-958. Tire equipment restrictions; unsafe tires prohibited; definitions
A. A solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
B. A tire on a vehicle that is moved on a highway shall not have on its periphery any block, stud, flange, cleat, spike or other protuberance that is made of any material other than rubber and that projects beyond the tread of the traction surface of the tire, except that it is permissible to use:
1. Farm machinery with tires having protuberances that will not injure the highway.
2. Tire chains of reasonable proportions on a vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid.
3. From October 1 to May 1 pneumatic tires containing metal type studs of tungsten carbide or other suitable material that are inserted or constructed in a manner so that the number of studs or the percentage of metal in contact with the roadway does not exceed three per cent percent of the total tire area in contact with the roadway under any conditions.
C. The director and local authorities in their respective jurisdictions may issue special permits authorizing the operation on a highway of traction engines or tractors having movable tracks with transverse corrugations on the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which on a highway would otherwise be prohibited under this chapter.
D. A person may not operate a vehicle with an unsafe tire on a street or highway in this state. A vehicle with an unsafe tire is deemed to be in an unsafe condition and the requirements of section 28‑982 apply. This subsection does not apply to any of the following:
1. A COMMERCIAL motor vehicle or intermodal equipment as defined in 49 Code of federal regulations section 390.5.
2. A classic car as defined in section 28‑2483.
3. A historic vehicle as defined in section 28‑2484.
4. Light rail, a street car or a railroad car.
5. A bicycle.
6. A Moped.
7. A Vehicle that is used in mining or metallurgical operations, agriculture, construction or earth moving.
8. An airplane.
9. A vehicle that is operated OFF the roads in this state and that is used to transport persons or property or used for agriculture, construction or earth moving.
E. For the purposes of this section:
1. "Damage" means any cracking, bubbling, cutting, chunking or separation of the tire sidewall or tread, including exposed body ply or belt material, or any visible deterioration of the tire bead or inner liner.
2. "Improper repair" means a puncture repair of damage larger than one-fourth of an inch, a puncture repair to a tire sidewall, the tread shoulder or belt edge area or a puncture repair that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside.
3. "Unsafe tire" means a vehicle tire that is not suitable for its original intended purpose because of any of the following:
(a) wear.
(b) Damage.
(c) Improper repair.
(d) The tire was manufactured more than seven years ago.
(e) The tire is subject to a manufacturer's recall.
4. "Wear" means the reduction of the major groove depth of the tire to two thirty-seconds of an inch.
Sec. 2. Section 44-1301, Arizona Revised Statutes, is amended to read:
44-1301. Definitions
In this article, unless the context otherwise requires:
1. "Damage" means any cracking, bubbling, cutting, chunking or separation of the tire sidewall or tread, including exposed body ply or belt material, or any visible deterioration of the tire bead or inner liner.
2. "Improper repair" means any a puncture repair of damage larger than one‑fourth of an inch, any a puncture repair to a tire sidewall, the tread shoulder or belt edge area, or a puncture repair that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside.
3. "Motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds.
4. "Off road motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, heavy equipment used in mining or metallurgical operations, agriculture, construction or earth moving, airplanes or other vehicles operated off the roads of this state, used to transport persons or property or used for agricultural, construction or earth moving activities and propelled by power other than muscular power, but off road motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds.
5. "Person" means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person.
6. "Unsafe tire" means a vehicle tire that is not suitable for its original intended purpose because of any of the following:
(a) wear.
(b) Damage.
(c) Improper repair.
(d) The tire was manufactured more than seven years ago.
(e) The tire is subject to a manufacturer's recall.
6. 7. "Waste tire" means a motor vehicle tire that is no longer suitable for its original intended purpose because of wear, damage, improper repair or manufacturer's recall an unsafe tire.
7. 8. "Waste tire collection site" means a site where waste tires are collected before being offered for recycling or reuse and where more than five hundred tires are kept on site on any day.
8. 9. "Wear" means the reduction of the major groove depth of the tire to two thirty‑seconds of an inch.
Sec. 3. Heading change
The article heading of title 44, chapter 9, article 8, Arizona Revised Statutes, is changed from "WASTE TIRE DISPOSAL" to "SALE AND DISPOSAL OF WASTE TIRES".
Sec. 4. Title 44, chapter 9, article 8, Arizona Revised Statutes, is amended by adding section 44-1302.01, to read:
44-1302.01. Sale or installation of unsafe tires
A. It is an unlawful practice pursuant to section 44‑1522 for A person in the ordinary course of business to knowingly sell, advertise for sale or trade an unsafe tire or to install an unsafe tire on a vehicle in this state.
B. This section does not apply to a tire that is used for any of the following:
1. A cOMMERCIAL motor vehicle or intermodal equipment as defined in 49 Code of federal regulations section 390.5.
2. A classic car as defined in section 28‑2483.
3. A historic vehicle as defined in section 28‑2484.
4. Light rail, a street car or a railroad car.
5. A bicycle.
6. A moped.
7. A vehicle used in mining or metallurgical operations, agriculture, construction or earth moving.
8. An airplane.
9. A vehicle that is operated off the roads in this state and that is used to transport persons or property or used for agriculture, construction or earth moving.