Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Senator BOB SMITH
District 17 (Middlesex and Somerset)
SYNOPSIS
Prohibits installation and sale of wheel weights containing lead or mercury; prohibits sale of new motor vehicles equipped with wheel weights containing lead or mercury.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle wheel weights and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person shall install on any motor vehicle a weight or other product used to balance a motor vehicle wheel or tire if the weight or other product contains lead or mercury that was intentionally added during the manufacture of the product.
b. No person shall sell or offer to sell a weight or other product for balancing a motor vehicle wheel or tire if the weight or other product contains lead or mercury that was intentionally added during the manufacture of the product.
c. No person shall sell a new motor vehicle equipped with a weight or other product used to balance a motor vehicle wheel or tire if the weight or other product contains lead or mercury that was intentionally added during the manufacture of the product.
d. As used in this act:
“Motor vehicle” means the same as that term is defined in R.S.39:1-1.
“New motor vehicle” means a motor vehicle that has not been previously sold to a person other than a distributor, wholesaler, or dealer of motor vehicles for resale.
2. a. The Department of Environmental Protection shall establish a public education program to assure the widespread dissemination of information concerning the provisions of this act.
b. The department shall have the right to enter, at any time during normal business hours, and upon presentation of appropriate credentials, any retail establishment at which weights and other products used to balance motor vehicle wheels or tires are used or sold, and any new motor vehicle dealer, in order to determine compliance with the provisions of this act.
3. a. Any person convicted of a violation of this act shall be subject to a penalty of up to $2,500 for each offense, to be collected by the State in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction over proceedings for the enforcement of the penalty provided by this section.
b. The department may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
4. This act shall take effect immediately except that sections 1 and 3 shall take effect on the first day of the 13th month following the date of enactment.
STATEMENT
This bill would prohibit the installation and sale of wheel weights containing lead or mercury, and the sale of new motor vehicles equipped with wheel weights containing lead or mercury.
Wheel weights are fastened to automobile rims in order to balance tires, and thereby prevent uneven tire wear and ensure a smooth ride. According to the U.S. Environmental Protection Agency, many of these weights contain lead and mercury – two highly toxic heavy metals. Often, these weights fall off cars, and are either washed into storm sewers and end up in waterways, or are gathered during street cleaning and placed in landfills or incinerators. Because the weights are susceptible to atmospheric erosion, they can release lead and mercury into the environment. One study found that approximately 12 tons of lead in the form of wheel weights is deposited on New Jersey roadways each year. Currently, there are no federal laws governing the use of lead or mercury wheel weights.
This bill would prohibit: (1) the installation on any motor vehicle of a wheel weight that contains lead or mercury that was intentionally added during the manufacturing process; (2) the sale or offering for sale of a wheel weight that contains intentionally-added lead and mercury; and (3) the sale of a new motor vehicle equipped with a wheel weight that contains intentionally-added lead or mercury. The bill would direct the Department of Environmental Protection (DEP) to establish a public education program about these prohibitions. The bill would also grant the DEP authority to enter, during normal business hours, and upon presentation of appropriate credentials, any retail establishment at which wheel weights are used or sold, and any new car dealer, in order to determine compliance.
Under the bill, anyone who violates this bill would be subject to a penalty of up to $2,500 for each offense. The bill would also allow the department to seek an injunction against a violator. The bill is similar to those passed in at least six other states.