Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 19, 2010 |
referred to transportation |
Senate Bill S6876
2009-2010 Legislative Session
Sponsored By
(D) 15th Senate District
Archive: Last Bill Status - In Senate Committee Transportation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S6876 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11080
- Current Committee:
- Senate Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd ยง375, V & T L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1243, A2095
2009-S6876 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6876 TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to the sale of tires PURPOSE : Mandates all tires aged six years or older to be removed from all tire manufacturers so as to not be sold or distributed to the public. SUMMARY OF PROVISIONS : Section 1: Subdivision 35 of section 375 of the Vehicle and Traffic law: states that no tire can be sold or offered for sale if the tire is more than six years old. If there is believed to be an infraction, an injunction may be issued to prevent any future infractions. If a court finds a party guilty for violating this law, the punishment is a civil penalty up to five hundred dollars per infraction. JUSTIFICATION : In 2008, the New York Department of Motor Vehicles reported 1,512 motor vehicle accidents due to tire failure (under-inflation; uneven tires; worn-out tires; etc.). When tires fail, it is very difficult to
2009-S6876 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6876 I N S E N A T E February 19, 2010 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the sale of tires THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 35 of section 375 of the vehicle and traffic law is amended by adding a new paragraph (d) to read as follows: (D) (I) NO TIRE SHALL BE DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE IF SUCH TIRE IS MORE THAN SIX YEARS OLD. (II) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION OR TO ENFORCE THE PROVISIONS OF THIS SECTION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH- OUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15839-01-0
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