BILL ANALYSIS
SENATE TRANSPORTATION COMMITTEE BILL NO.:............AB 28
Senator Quentin L. Kopp, Chairman AUTHOR:...........GALLEGOS
VERSION:
(Orig.):
(As Amend.):....06/01/95
FISCAL:................YES
SUBJECT:
Tire chain disclosure.
DESCRIPTION:
This bill would specify the manner for disclosing to a buyer that a
particular vehicle may not be operated with snow chains.
ANALYSIS:
Existing law requires new motor vehicle manufacturers to indicate in
the vehicle owner's manual or other printed material that a vehicle,
as equipped, may not be operated with tire chains.
Existing law requires a new motor vehicle dealer to disclose in
writing to the buyer that a vehicle, as equipped, may not be operated
on a highway when snow chains are required, if the owner's manual or
other material provided by the manufacturer includes that
information. The dealer must obtain the buyer's signature to
acknowledge the required disclosure.
This bill would require that the tire chain disclosure be provided on
a separate piece of paper in 14-point type, and would specify the
required disclosure language.
COMMENTS:
1. AB 39 (Tanner, 1991) required vehicle dealers to disclose the
tire chain information to buyers, but did not require the statement
to be separate or otherwise distinguished from any other document or
the contract of sale. Existing law does not specifically require the
disclosure to be made and signed prior to finalizing the sale,
however.
According to the author, this measure is a response to complaints
from consumers who purchased new vehicles that could not be fitted
for tire chains. Despite the current disclosure requirement, many
purchasers complete their purchases without receiving proper notice
regarding the unsuitability of tire chains on many vehicle models.
The form and manner of disclosure can vary from dealer to dealer.
2. The bill's intent is to make more effective the current
disclosure requirement. As drafted, however, the bill does not
require the disclosure prior to a vehicle's purchase. Unless the
disclosure is provided to a consumer before a sale, such notice
probably would be moot relative to the decision whether to purchase
the vehicle.
3. Opponents contend that the existing disclosure requirement should
be made part of the information included on the manufacturer's window
sticker.
AB 28 (GALLEGOS) Page 3
________________________________________________________________
Assembly Votes:
Floor: 56-9
Appr: 14-1
Trans: 12-4
POSITIONS: (Communicated to the committee before noon on
Wednesday, July 5, 1995.)
SUPPORT:
OPPOSED: California Motor Car Dealers Association
AB 28 (GALLEGOS) Page 4
________________________________________________________________
07/05/95