NY State Senate Bill 2019-S2961

Senate Bill S2961

2019-2020 Legislative Session

Provides that no motor vehicle repair shop shall repair a tire that would not pass New York state inspection

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jun 04, 2019	amend by restoring to original print 2961
May 09, 2019	amend (t) and recommit to transportation
Jan 31, 2019	referred to transportation
May 09, 2019	print number 2961a

Bill Amendments

Original

co-Sponsors

2019-S2961 (ACTIVE) - Details

See Assembly Version of this Bill:: A154
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §398-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4820, A7143
2015-2016: S393, A39
2017-2018: S5000, A1169, A8983
2021-2022: S387, A8420

2019-S2961 (ACTIVE) - Summary

Provides that no motor vehicle repair shop shall repair a tire that would not pass New York state inspection.

2019-S2961 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2961

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to tire safety

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve public and highway safety

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill would prohibit motor vehicle repair shops from repairing any
tire which would fail to meet Department of Motor Vehicle tire standards
after the completion of the repair.

 
JUSTIFICATION:

This legislation would prohibit a tire repair from being made to a tire

that would not meet Department of Motor Vehicles (DMV) standards for the
use of tires by vehicles operated in New York State. Improper tire
repairs pose a safety risk to motorists. Repairing a tire that would not
meet DMV standards for passing a New York State motor vehicle inspection
would greatly increase the risk of tire failure.  Improperly repaired
tires can fail while in service, which may result in a vehicle crash and
cause serious personal injury or death.

A tire will fail a New York State motor vehicle inspection if the tread
is worn to less than 2/32 of an inch, the tire has a fabric break or a
cut in excess of one inch in any direction and is deep enough to reach
the body cords, the tire has visible bumps, bulges or knows, the tire
has any portion of the ply or cord structure exposed or the tire is
marked for specific non-highway uses. In any case, a tire will only fail
an inspection if it is a badly damaged tire that should not be driven on
for safety reasons. If a person attempts to repair a tire that would not
pass inspection, it is in the best interest of public safety to not
allow a tire repair to be performed.

 
PRIOR LEGISLATIVE HISTORY:

2014: A7143
2016: A039A
2018: A8983

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law

2019-S2961 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2961
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 tire safety
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 398-d of the vehicle and traffic law is amended by
 adding a new subdivision 8 to read as follows:
   8. NO MOTOR VEHICLE REPAIR SHOP SHALL REPAIR A TIRE UNLESS SUCH  TIRE,
 UPON  COMPLETION OF SUCH REPAIR, WOULD MEET THE STANDARDS FOR THE USE OF
 TIRES ON VEHICLES OPERATED IN THIS STATE AS ESTABLISHED BY  THE  COMMIS-
 SIONER  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION THIRTY-FIVE OF SECTION
 THREE HUNDRED SEVENTY-FIVE OF THIS TITLE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00691-01-9

2019-S2961A - Details

See Assembly Version of this Bill:: A154
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §398-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4820, A7143
2015-2016: S393, A39
2017-2018: S5000, A1169, A8983
2021-2022: S387, A8420

2019-S2961A - Summary

Provides that no motor vehicle repair shop shall repair a tire that would not pass New York state inspection.

2019-S2961A - Sponsor Memo

                                
 
BILL NUMBER: S2961A

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the repair of tires

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that motor vehicle repair shops shall not repair a tire under
certain enumerated conditions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 8 of Section 398-d of the vehicle and
traffic law to prohibit a vehicle repair shop to repair a tire if the
tire has exposed ply or cord, a bulge, knot or separation in either
sidewall or tread area. If tread wear indicators flush with the tread
outer surface in any two or more adjacent tread grooves.  Further, this
section prevents liability for a repair shot that makes a reasonable and
good faith determination that the tire upon repair would comply with
this section.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation would prohibit a tire repair from being made to a tire
that would not meet enumerated standards for which a tire would not pass
Department of Motor Vehicles (DMV) standards for the use of tires by
vehicles operated in New York State. Improper tire repairs pose a safety
risk to motorists. Repairing a tire that would not meet DMV standards
for passing a New York State motor vehicle inspection would greatly
increase the risk of tire failure. Improperly repaired tires can fail
while in service, which may result in a vehicle crash and cause serious
personal injury or death.

A tire will fail a New York State motor vehicle inspection if the tread
is worn to less than 2/32 of an inch, the tire has a fabric break or a
cut in excess of one inch in any direction and is deep enough to reach
the body cords, the tire has visible bumps, bulges or knows, the tire
has any portion of the ply or cord structure exposed or the tire is
marked for specific non-highway uses. In any case, a tire will only fail
an inspection if it is a badly damaged tire that should not be driven on
for safety reasons. If a person attempts to repair a tire that  would
not pass inspection, it is in the best interest of public safety to not
allow a tire repair to be performed.

 
PRIOR LEGISLATIVE HISTORY:

2014: A7143
2016: A039A
2018: A8983

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall.have
become a law

2019-S2961A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2961--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to  the  repair
   of tires

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 398-d of the vehicle and traffic law is amended  by
 adding a new subdivision 8 to read as follows:
   8.  NO  MOTOR VEHICLE REPAIR SHOP SHALL REPAIR A TIRE IF SUCH TIRE HAS
 EXPOSED PLY OR CORD; A BULGE, KNOT OR SEPARATION IN EITHER  SIDEWALL  OR
 TREAD  AREA; TREAD WEAR INDICATORS FLUSH WITH THE TREAD OUTER SURFACE IN
 ANY TWO OR MORE ADJACENT TREAD GROOVES AT THREE LOCATIONS EQUALLY SPACED
 AROUND THE CIRCUMFERENCE OF THE TIRE; OR OTHER MATERIAL DAMAGE  OR  WEAR
 THAT  RENDERS  SUCH  TIRE PATENTLY UNSAFE. THIS SECTION SHALL NOT IMPOSE
 ANY LIABILITY ON A REPAIR SHOP THAT MAKES A REASONABLE  AND  GOOD  FAITH
 DETERMINATION  THAT  THE  TIRE,  UPON  REPAIR,  WOULD  COMPLY  WITH THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00691-03-9

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