Bill Text: OH SB289 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To regulate the sale of used tires and provide notice to consumers of the age and history of purchased used tires.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-26 - To Commerce & Labor [SB289 Detail]
Download: Ohio-2013-SB289-Introduced.html
|
|
Senator Patton
| To enact section 1345.82 of the Revised Code to | 1 |
| regulate the sale of used tires and provide notice | 2 |
| to consumers of the age and history of purchased | 3 |
| used tires. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 1345.82 of the Revised Code be | 5 |
| enacted to read as follows: | 6 |
| Sec. 1345.82. (A) As used in this section: | 7 |
| (1) "Consumer," "consumer transaction," and "supplier" have | 8 |
| the same meanings as in section 1345.01 of the Revised Code. | 9 |
| (2) "Tire" means a tire for use on a motor vehicle classified | 10 |
| as a passenger vehicle or motorcycle. | 11 |
| (B) A supplier shall not sell a tire to a consumer as a new | 12 |
| tire if either of the following apply to the tire: | 13 |
| (1) The tire is a retreaded, previously used, or recycled | 14 |
| tire. | 15 |
| (2) The tire was manufactured more than three years before | 16 |
| the date of sale to the consumer. | 17 |
| (C) A supplier who sells a tire described in division (B) of | 18 |
| this section to a consumer shall provide both of the following to | 19 |
| the consumer: | 20 |
| (1) Before installation of the tire, a notice that states, in | 21 |
| plain language and in at least ten point boldface type, the month | 22 |
| and year in which the tire was manufactured; | 23 |
| (2) A written disclosure, in at least ten point boldface | 24 |
| type, that contains the following statement: | 25 |
| "Notice. This tire is not new. | 26 |
| Tires deteriorate with age, even if they have never or seldom | 27 |
| been used. As tires age, they are prone to sudden and catastrophic | 28 |
| failure. This tendency also applies to spare tires and tires that | 29 |
| are stored for future use. Many automobile manufacturers recommend | 30 |
| that tires be replaced after six years, regardless of the | 31 |
| remaining tread depth. For your safety and the safety of others, | 32 |
| inspect your tires regularly and maintain the proper inflation." | 33 |
| (D) This section shall not be construed to affect or modify a | 34 |
| tire manufacturer's tire warranty. | 35 |
| (E) A supplier's failure to comply with the requirements of | 36 |
| this section: | 37 |
| (1) Shall not be considered evidence of negligence or | 38 |
| contributory fault for purposes of sections 2315.32 to 2315.36 of | 39 |
| the Revised Code; | 40 |
| (2) Is inadmissible in a civil action for damages involving | 41 |
| injury, death, or harm to person or property. | 42 |
| (F) Violation of this section in connection with a consumer | 43 |
| transaction constitutes an unfair or deceptive act or practice in | 44 |
| violation of section 1345.02 of the Revised Code. Notwithstanding | 45 |
| the powers and remedies available to the attorney general to | 46 |
| enforce sections 1345.01 to 1345.13 of the Revised Code as regards | 47 |
| an unfair or deceptive act or practice, the violating supplier | 48 |
| shall be subject to a fine of up to two hundred fifty dollars for | 49 |
| each violation. | 50 |
