Attachment 2
Assembly Bill No. 28CHAPTER 452
An Act to amend Sections 9953 and 11713.6 of the Vehicle Code, relating to vehicles.
[Approved by Governor September 2, 1995. Filed
with Secretary of State September 5, 1995.]
LEGISLATIVE COUNSEL'S DIGEST
AB 28, Gallegos. Vehicles: tire chains: disclosure.
1) Existing law makes it unlawful for the holder of any dealer's license, as specified, to fail to disclose in writing to the buyer of a new motor vehicle, that the vehicle, as equipped, may not be operated on a highway signed for the requirement of tire chains if the owner's manual or other material provided by the manufacturer states that the vehicle, as equipped, may not be operated with tire chains.
This bill would require vehicle manufacturers to provide franchised dealers with a list of the affected vehicles, and would require the dealer to provide a specified disclosure statement to the buyer or lessee of a new motor vehicle, in not less than 14-point boldface type on a single piece of paper. (The bill would require the dealer to furnish the buyer or lessee with a copy of the disclosure, signed by the buyer or lessee, prior to the sale or lease of the vehicle. Because a violation of those provisions would be a crime, the bill would impose a state-mandated program by expanding the scope of a crime.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
Section 1. Section 9953 of the Vehicle Code is amended to read:
9953. Every manufacturer of a new motor vehicle sold in this state which, as equipped, may not be operated with tire chains shall do both of the following:
(a) Indicate that fact in the owner's manual for the vehicle or other written material provided by the manufacturer regarding the vehicle.
Ch. 452
(b) Provide each of its franchised new motor vehicle dealers in this state with a list of the affected vehicle models on an annual basis and prior to the manufacturer's introduction of its new model year vehicles. The list shall include sufficient information, including information regarding tire sizes where necessary, to allow the selling dealer to determine when disclosure is required pursuant to Section 11713.6.
SEC. 2. Section 11713.6 of the Vehicle Code is amended to read:
11713.6. (a) It is unlawful and a violation of this code for the holder of any dealer's license issued under this article to fail to disclose in writing to the buyer or lessee of a new motor vehicle, that the vehicle, as equipped, may not be operated on a highway signed for the requirement of tire chains if the owner's manual or other material provided by the manufacturer states that the vehicle, as equipped, may not be operated with tire chains.
(b) The disclosure required under subdivision (a) shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters: "AS EQUIPPED, THIS VEHICLE MAY NOT BE OPERATED WITH TIRE CHAINS BUT MAY ACCOMMODATE SOME OTHER TYPE OF TIRE TRACTION DEVICE. SEE THE OWNER'S MANUAL FOR DETAILS."
(c) Prior to the sale or lease, the dealer shall present the disclosure statement for the buyer's or lessee's signature and then shall provide the buyer or lessee with a copy of the signed disclosure.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.