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S. B. No. 289 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To enact section 1345.82 of the Revised Code to
regulate the sale of used tires and provide notice
to consumers of the age and history of purchased
used tires.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1345.82 of the Revised Code be
enacted to read as follows:
Sec. 1345.82. (A) As used in this section:
(1) "Consumer," "consumer transaction," and "supplier" have
the same meanings as in section 1345.01 of the Revised Code.
(2) "Tire" means a tire for use on a motor vehicle classified
as a passenger vehicle or motorcycle.
(B) A supplier shall not sell a tire to a consumer as a new
tire if either of the following apply to the tire:
(1) The tire is a retreaded, previously used, or recycled
tire.
(2) The tire was manufactured more than three years before
the date of sale to the consumer.
(C) A supplier who sells a tire described in division (B) of
this section to a consumer shall provide both of the following to
the consumer:
(1) Before installation of the tire, a notice that states, in
plain language and in at least ten point boldface type, the month
and year in which the tire was manufactured;
(2) A written disclosure, in at least ten point boldface
type, that contains the following statement:
"Notice. This tire is not new.
Tires deteriorate with age, even if they have never or seldom
been used. As tires age, they are prone to sudden and catastrophic
failure. This tendency also applies to spare tires and tires that
are stored for future use. Many automobile manufacturers recommend
that tires be replaced after six years, regardless of the
remaining tread depth. For your safety and the safety of others,
inspect your tires regularly and maintain the proper inflation."
(D) This section shall not be construed to affect or modify a
tire manufacturer's tire warranty.
(E) A supplier's failure to comply with the requirements of
this section:
(1) Shall not be considered evidence of negligence or
contributory fault for purposes of sections 2315.32 to 2315.36 of
the Revised Code;
(2) Is inadmissible in a civil action for damages involving
injury, death, or harm to person or property.
(F) Violation of this section in connection with a consumer
transaction constitutes an unfair or deceptive act or practice in
violation of section 1345.02 of the Revised Code. Notwithstanding
the powers and remedies available to the attorney general to
enforce sections 1345.01 to 1345.13 of the Revised Code as regards
an unfair or deceptive act or practice, the violating supplier
shall be subject to a fine of up to two hundred fifty dollars for
each violation.
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