Report Title:

Motor Vehicles; Tire Aging; Sales

 

Description:

Prohibits the sale of new and unused tires that were manufactured more than six years prior to the date of the sale.  (SD1)

 


THE SENATE

S.B. NO.

1064

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOTOR VEHICLE SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The ABC news show "20/20" reported on May 9, 2008, that unused tires which were from four to fourteen years old were being sold by retailers and tire stores.  On June 3, 2008, the National Highway Traffic Safety Administration issued a consumer advisory warning to motorists that out-of-date tires, seemingly new, can lead to catastrophic failure.  In this regard, since 2001, the British Rubber Manufacturers Association has warned that unused tires should not be put into service if they are over six years old.  The Ford Motor Company also has urged the federal government to adopt a six-year tire expiration date, citing comprehensive research and defensible data analyses.

     The legislature finds that Hawaii's roads and highways, with frequent stop and go traffic and hot asphalt or concrete, are particularly harsh on tire wear and tear. 

     The legislature further finds that the imposition of a tire expiration date will prevent the sale of out-of-date tires, thus promoting motor vehicle safety on Hawaii roads and highways statewide.

     The purpose of this Act is to prohibit the sale of new and unused tires that are more than six years old.

     SECTION 2.  Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291‑    Aging tire sales prohibited.  (a)  The sale of any new tire that was manufactured more than six years prior to the date of the sale of the tire is prohibited when sold by any:

     (1)  Business selling tires, whether selling tires exclusively or with other merchandise;

     (2)  New or used motor vehicle dealer; or

     (3)  Gasoline dealer, dealer retail station, or independent retail station, as defined in section 486H-1.

     (b)  Any person who violates this section shall be fined not more than $100 for each tire sold in violation of this section."

     SECTION 3.  This Act shall apply to tire sales occurring on or after January 2, 2010.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.