Tire Chain Disclosure Information - For Calif.
NO.: 00-I-04DATE: May, 2000
SUBJECT:
California Vehicle Code Requirements Regarding 2001 Model Year Tire Chain Disclosure
TO: Saturn Retailers, General Managers in California and Bordering States
This bulletin provides:
1. A list of 2001 models that should not be operated with tire chains (See Attachment # 1);
2. The amended California law on tire chain disclosures (See Attachment # 2 on Assembly Bill No. 28);
3. A suggested disclosure form (See Attachment # 3); and
4. Saturn's recommendation on other traction devices on vehicles that cannot use tire chains (See Attachment # 4).
California Law
The California law was amended by Assembly Bill 28 and was effective on January 1, 1996.
An unofficial summary of the bill includes this explanation:
... 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 requires vehicle manufacturers to provide franchised retailers with a list of the affected vehicles, and requires the retailer to provide a specified disclosure statement to the buyer or lessee of a new vehicle, in not less than 14-point boldface type on a single piece of paper. The bill requires the retailer 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 ...
Section 9953 of the California Vehicle Code was amended to read:
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.
(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.
Section 11713.6 of the Vehicle Code was amended to read:
(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 STATED 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.
Attachment # 3 is a suggested disclosure acknowledgment form to be signed by buyers or lessees of vehicles intended for registration or primary use in California that cannot use tire chains (see attachment # 1) Retailers should obtain this acknowledgment from buyers or lessees of those vehicles, retain it and give a copy to the customer.
To help you respond to questions from customers, Saturn recommendations on other traction devices on vehicles that cannot use tire chains are in Attachment # 4.
Questions about tile interpretation of California law should be directed to your lawyer.
ATTACHMENT 1
The following 2001 Saturn vehicles MAY NOT be operated with tire chains:
^ 2001 S-Series Coupes with tire sizes P185/65 R15, P195/60 R15, or P205/50 R16
^ 2001 S-Series Sedans with tire size P185/65 R15
^ 2001 S-Series Wagons with tire size P185/65 R15
^ 2001 L-Series Sedans with tire size P205/65 R15
^ 2001 L-Series Wagons with tire size P205/65 R15
The following EV1 vehicles MAY NOT be operated with tire chains:
^ 1997 EV1 - All
^ 1999 EV1 - All
ATTACHMENT 4
SATURN'S RECOMMENDATIONS ON OTHER TRACTION DEVICES ON VEHICLES THAT CANNOT USE TIRE CHAINS.
Use another type traction device only if its manufacturer recommends it for use on your vehicle and tire size combination and road conditions. Follow that manufacturer's instructions. To help avoid damage to your vehicle, drive slowly, readjust or remove the device if it is contacting your vehicle, and don't spin your tires. If you do find traction devices that will fit, install them on the front tires for FWD vehicles only or the rear tires for RWD vehicles only.
Disclaimer