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55-9-217 - New tires required on new trailers Waiver Violations.

55-9-217. New tires required on new trailers Waiver Violations.

(a)  After December 31, 2004, any new trailer manufactured in this state and intended for sale to the general public within this state with a gross vehicle weight rating (GVWR) of three thousand pounds (3,000 lbs.) or less shall be equipped with new tires appropriate for the weight rating of the vehicle.

(b)  (1)  After December 31, 2004, no new trailer with a GVWR of three thousand pounds (3,000 lbs.) or less shall be sold to the general public in this state unless equipped with new tires appropriate for the weight rating of the vehicle.

     (2)  Notwithstanding subdivision (b)(1), a buyer of a new trailer with a GVWR of three thousand pounds (3,000 lbs.) or less may waive the requirements of subdivision (b)(1) and accept the trailer with used tires from a willing seller. To effectuate the waiver, a buyer shall sign a written waiver acknowledging that the trailer is not equipped with new tires and the buyer's willingness to accept the trailer without new tires, and relieving the seller from any liability for any malfunction of the tires with which the trailer is equipped at the time of the sale.

(c)  Nothing in this section shall prohibit the sale of a trailer with a GVWR of three thousand pounds (3,000 lbs.) or less that is not equipped with any tires.

(d)  A violation of this section shall be deemed an offense under the Consumer Protection Act, compiled in title 47, chapter 18. A civil penalty of not more than one hundred fifty dollars ($150) may be imposed for a violation of this section.

[Acts 2004, ch. 844, §§ 1, 2.]  

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