N.J. committee passes RMA used tire bill

TRENTON, N.J. (Sept. 12, 2016) — The New Jersey Assembly Consumer Affairs Committee has approved a bill supported by the Rubber Manufacturers Association that would forbid the sale of unsafe used tires in the state.

Sponsored by Assemblywoman Shavonda E. Sumter, D-35th District (Bergen and Passaic), Assembly Bill 3896 was passed by a 5-0 vote at a Sept. 8 hearing of the Consumer Affairs Committee. The RMA, the New Jersey Gasoline Automotive Association and the New Jersey Civil Justice Institute testified in favor of the bill at the hearing.

AB 3896 is the model bill the RMA has advanced in other jurisdictions over the past few years. It would forbid the sale of any used tire that:

• Has a tread depth of less than 1/16th inch in any groove;

• Has any damage exposing the reinforcing plies of a tire;

• Has any improper repairs, including but not limited to any repair in the sidewall, bead, tread shoulder or belt edge area or any puncture larger than ¼ inch or not sealed and patched on the inside;

• Shows evidence of temporary sealant use without a proper repair;

• Has a defaced or missing tire identification number;

• Has inner liner or bead damage; or

• Has bulges or other indicators of internal separation.

Penalties would range from $500 for the first offense to $10,000-$20,000 for the third and subsequent offenses, according to the bill's language. Repeat offenders may also be liable for punitive damages, as well as treble damages and costs to those injured in accidents involving failed used tires.

“AB 3896 seeks to weed out those tires that every tire professional can and should know poses an unreasonable risk to motorist safety,” the RMA said in its written testimony to the committee. “Simply put, if you're in the business of selling tires, you should know not to sell tires that match the conditions listed in this legislation.”

Similar legislation was introduced recently in Ohio but stalled in the South Carolina legislation earlier this year.