Notice of Pre-Proposal

Sale of Tires

Authorized By: David Szuchman, Director, Division of Consumer Affairs.

Authority: N.J.S.A. 56:8-4.

Pre-Proposal Number: PPR 2008-2.

[page=6759] Take notice that the Division of Consumer Affairs (Division) is soliciting comments regarding a contemplated new rule N.J.A.C. 13:45A-26D.4 governing the sale of tires. The Division is aware that tires decay over time, even if they have never been placed on a motor vehicle and are therefore classified as "new." Tread or belts on these old tires can separate and are potentially dangerous when placed on a motor vehicle. Consumers should be aware of this hazard. The National Highway Traffic Safety Administration (NHTSA) requires that tires display an identification number, also known as the DOT manufacture code, on their sidewalls. The last group of digits in the code is the date code revealing when the tire was made. The Division is considering new rules to educate consumers about how to determine the age of a tire and to alert consumers to the potential risk from outdated tires. The Division is considering the following approaches:

-- Requiring tire dealers to post notices detailing the dangers of placing older tires on a motor vehicle and explaining how a consumer may determine the age of a tire through the NHTSA tire identification number;

-- Requiring tire dealers to inform consumers of the age of tires before they are placed on a car;

-- Requiring tire dealers to issue a document showing the NHTSA tire identification number for each tire to be installed on the customer's vehicle, coupled with the posted notice referred to above; or

-- Requiring sales documents for tires to include the age of the tires, next to which the consumer would either sign or initial.

The Division is also considering which entities should be categorized as tire dealers subject to the potential new requirements.

Take further notice that, through this pre-proposal, the Division is inviting interested parties to comment on the various approaches and to suggest others. Comments on this preproposal should be sent by December 31, 2008 to:

David Szuchman, Director
Division of Consumer Affairs
Post Office Box 45027
Newark, New Jersey 07101.