§ 20-122.1. Motor vehicles to be equipped with safe tires.
§ 20‑122.1. Motorvehicles to be equipped with safe tires.
(a) Every motor vehiclesubject to safety equipment inspection in this State and operated on thestreets and highways of this State shall be equipped with tires which are safefor the operation of the motor vehicle and which do not expose the public toneedless hazard. Tires shall be considered unsafe if cut so as to expose tirecord, cracked so as to expose tire cord, or worn so as to expose tire cord orthere is a visible tread separation or chunking or the tire has less than twothirty‑seconds inch tread depth at two or more locations around thecircumference of the tire in two adjacent major tread grooves, or if the treadwear indicators are in contact with the roadway at two or more locations aroundthe circumference of the tire in two adjacent major tread grooves: Provided,the two thirty‑seconds tread depth requirements of this section shall notapply to dual wheel trailers. For the purpose of this section, the followingdefinitions shall apply:
(1) "Chunking" separation of the tread from the carcass in particles which may range fromvery small size to several square inches in area.
(2) "Cord" strandsforming a ply in a tire.
(3) "Tread" portionof tire which comes in contact with road.
(4) "Treaddepth" the distance from the base of the tread design to the top of thetread.
(a1) Any motor vehiclethat has a GVWR of at least 10,001 pounds or more and is operated on thestreets or highways of this State shall be equipped with tires that are safefor the operation of the vehicle and do not expose the public to needlesshazard. A tire is unsafe if any of the following applies:
(1) It is cut, cracked,or worn so as to expose tire cord.
(2) There is a visibletread separation or chunking.
(3) The steering axletire has less than four thirty‑seconds inch tread depth at any locationaround the circumference of the tire on any major tread groove.
(4) Any nonsteering axletire has less than two thirty‑seconds inch tread depth around thecircumference of the tire in any major tread groove.
(5) The tread wearindicators are in contact with the roadway at any location around thecircumference of the tire on any major tread groove.
(b) The driver of anyvehicle who is charged with a violation of this section shall be allowed 15calendar days within which to bring the tires of such vehicle in conformancewith the requirements of this section. It shall be a defense to any such chargethat the person arrested produce in court, or submit to the prosecuting attorneyprior to trial, a certificate from an official safety inspection equipmentstation showing that within 15 calendar days after such arrest, the tires onsuch vehicle had been made to conform with the requirements of this section orthat such vehicle had been sold, destroyed, or permanently removed from thehighways. Violation of this section shall not constitute negligence per se. (1969, c. 378, s. 1; c.1256; 1985, c. 93, ss. 1, 2; 2009‑376, s. 5.)