STATE OF NEW YORK
________________________________________________________________________
1243
2011-2012 Regular Sessions
IN SENATE
January 6, 2011
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the sale of
tires
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 35 of section 375 of the vehicle and traffic
2 law is amended by adding a new paragraph (d) to read as follows:
3 (d) (i) No tire shall be distributed, sold or offered for sale in this
4 state if such tire is more than six years old.
5 (ii) Whenever there shall be a violation of this section, application
6 may be made by the attorney general in the name of the people of the
7 state of New York to a court or justice having jurisdiction by a special
8 proceeding to issue an injunction and upon notice to the defendant of
9 not less than five days, to enjoin and restrain the continuance of such
10 violation or to enforce the provisions of this section; and if it shall
11 appear to the satisfaction of the court or justice that the defendant
12 has, in fact, violated this section, an injunction may be issued by such
13 court or justice, enjoining and restraining any further violation, with-
14 out requiring proof that any person has, in fact, been injured or
15 damaged thereby. Whenever the court shall determine that a violation of
16 this section has occurred the court may impose a civil penalty of not
17 more than five hundred dollars for each violation. In connection with
18 any such proposed application, the attorney general is authorized to
19 take proof and make a determination of the relevant facts and issue
20 subpoenas in accordance with the civil practice law and rules.
21 § 2. This act shall take effect on the thirtieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02020-01-1
