Bill Text: NJ A3896 | 2016-2017 | Regular Session | Introduced
Bill Title: Concerns sale of certain tires.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2017-08-07 - Approved P.L.2017, c.215. [A3896 Detail]
Download: New_Jersey-2016-A3896-Introduced.html
Sponsored by:
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
SYNOPSIS
Concerns sale of certain tires.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of tires and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person shall not sell at retail, or offer for sale at retail, any tire intended for use on a motor vehicle if the tire:
(1) has a tread depth of less than 1/16 inch measurable in any groove;
(2) has any damage exposing the reinforcing plies of the tire, including any cuts, cracks, bulges, punctures, scrapes, or wear;
(3) has any improper repairs, including, but not limited to:
(a) any repair to the sidewall or bead area of the tire;
(b) any repair made in the tread shoulder or belt edge area of the tire;
(c) any puncture that has not been sealed or patched on the inside and repaired with a cured rubber stem through the outside of the tire; or
(d) any puncture repair of damage larger than 1/4 inch;
(4) shows evidence of prior use of a temporary tire sealant without evidence of a subsequent proper repair;
(5) has a defaced or missing tire identification number;
(6) has inner liner or bead damage; or
(7) shows indication of internal separation, such as bulges or local areas of irregular tread wear.
b. A person who violates subsection a. of this section shall be subject to a civil penalty of up to $500 for a first offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A second violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this section shall be considered a first offense under P.L.1960, c.39 34 (C.56:8-1 et seq.).
A third or subsequent violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this section shall be considered a subsequent offense under P.L.1960, c.39 (C.56:8-1 et seq.)
2. This act shall take
effect on the first day of the seventh month next following the date of
enactment.
STATEMENT
This bill prohibits the sale of unsafe used tires.
Specifically, the bill prohibits the sale of certain types of used tires with damage or deficiencies. Commonly known to the tire industry, these deficiencies can be found by a visual or tactile inspection of a tire.
Under the bill, a used tire could not be sold if it:
(1) has a tread depth of less than 1/16 inch measurable in any groove;
(2) has any damage exposing the reinforcing plies of the tire, including any cuts, cracks, bulges, punctures, scrapes, or wear;
(3) has any improper repairs, including, but not limited to: any repair to the sidewall or bead area; any repair made in the tread shoulder or belt edge area; any puncture that has not been sealed or patched on the inside and repaired with a cured rubber stem through the outside of the tire; or any puncture repair of damage larger than 1/4 inch;
(4) shows evidence of prior use of a temporary tire sealant without evidence of a subsequent proper repair;
(5) has a defaced or missing tire identification number;
(6) has inner liner or bead damage; or
(7) shows indication of internal separation, such as bulges or local areas of irregular tread wear.
A penalty of up to $500 would be imposed for a first violation of the bill's provisions. A second violation would be an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and would be considered a first offense under the consumer fraud act. A third or subsequent violation of the bill's provisions would be an unlawful practice under the consumer fraud act, and would be considered a subsequent offense under that act. An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
