Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 39 of the 1976 Code is amended by adding:
Section 39-77-10. It is unlawful for a person to install an unsafe used tire onto a passenger car or light truck or sell or offer for sale an unsafe used tire that the person knew or should have known would be installed onto a passenger car or light truck or offered for resale to be installed onto a passenger car or light truck.
Section 39-77-20. For
the purposes of this chapter, 'unsafe' means, upon an inspection
of the exterior or inner lining of a tire, that the tire
reveals:
(1) tread depth is worn
to two thirty-seconds of an inch or less on any area of the
tire;
(2) damage exposing the
reinforcing plies of the tire, including cuts, cracks, bulges,
punctures, scrapes, or other wear;
(3) an improper repair
that includes any repair to the tire in the tread shoulder or
belt edge area, a puncture that has not been both sealed with a
patch on the inside and repaired with a cured rubber stem
plugging that runs to the outside, a repair to the sidewall or
bead area of the tire, or a puncture repair of damage that is
larger than one quarter of an inch in size;
(4) evidence of prior
use of a temporary tire sealant without evidence of a subsequent
properly performed repair;
(5) a defaced or
removed United States Department of Transportation tire
identification number located on the sidewall of the tire;
(6) a recalled tire
whose sale is prohibited by federal law;
(7) inner liner or bead
damage; or
(8) indication of
internal separation, such as bulges or local areas of irregular
tread wear indicating possible tread or belt separation.
Section 39-77-30. The
provisions of this chapter do not apply to:
(1) a business selling
used tires for retreading;
(2) a business or
individual buying and selling motor vehicles or its parts, when
the tires were mounted on the motor vehicle at the time the
motor vehicle was bought, unless they are also engaged in the
business of installing unmounted used tires onto a passenger car
or light truck; or
(3) tires intended
solely for agricultural use or for off the road industrial use.
Section 39-77-40. The provisions contained in this chapter do not limit the liability pursuant to Chapter 73, Title 15 for businesses that sell used tires in violation of this chapter.
Section 39-77-50. Nothing in this chapter may be construed to create a private cause of action for negligence per se nor may it be construed to impair, limit, or affect common law rights or other statutory theories.
Section 39-77-60. A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.