California’s Used Tire Law (AB 949): What Every Tire Dealer Needs to Know
If you sell and mount used tires in California, this is the law that governs what can go on a customer’s car. Below is what it says, in plain English, with a link to the official source for every point. We stuck to the statute and to what BAR and CalRecycle publish.
Who the law covers
The rule applies to automotive repair dealers (ARDs). Section 9889.30(a)(1) says an ARD “shall not install an unsafe used tire on a motor vehicle for use on a highway, as defined in Section 360 of the Vehicle Code” (BPC 9889.30(a)(1)). BAR’s summary puts it as a misdemeanor for an ARD to install an unsafe used tire on a motor vehicle “for use on a public roadway” (BAR).
Tire shops are ARDs. BAR says AB 3141, signed September 18, 2018, repealed the 1972 exemption for oil changes, tire changes and other defined services, and “those performing these services must now be registered with” the Bureau of Automotive Repair. BAR also says ARD registration is “required to diagnose, service, or repair vehicles for compensation,” with listed exceptions: businesses that service only non-passenger vehicles, fleet owners that repair only their own fleet, and certain machine shops (BAR: Apply for a license).
BAR lists the ARD registration application fee as $200 and the annual renewal as $200 (BAR). Its registration application says a late renewal adds a $50 delinquency fee, for a total of $250 (BAR ARD application, PDF). Fees can change, so check BAR’s site for current amounts.
Selling without installing: section 9889.30 and BAR’s summary speak only to an ARD installing an unsafe used tire on a motor vehicle (BPC 9889.30; BAR). If you sell used tires without installing them, check with BAR about your situation.
The 10 conditions that make a used tire “unsafe”
Under BPC 9889.30(a)(2), “unsafe used tire” means a used tire to which any of the following criteria applies. The wording below is quoted from the statute.
| BPC 9889.30 (a)(2) | Criterion (statute text) |
|---|---|
| (A) | The tire is worn to two thirty-seconds of one inch tread depth or less on any area of the tread. |
| (B) | The tire has any damage exposing the reinforcing plies of the tire, through cuts, cracks, punctures, scrapes, or wear. |
| (C) | The tire has any repair in the tread shoulder or belt edge area. |
| (D) | The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside. |
| (E) | The tire has repair to the sidewall or bead area. |
| (F) | The tire has a puncture repair of damage larger than one-fourth of one inch. |
| (G) | The tire shows evidence of prior use of a temporary tire sealant to repair a puncture or damage to the tire without evidence of a subsequent proper repair. |
| (H) | The tire has a defaced or removed United States Department of Transportation tire identification number. |
| (I) | The tire has any inner liner damage or bead damage. |
| (J) | The tire shows indication of internal separation, such as bulges or local areas of irregular tread wear indicating a distortion in the tread area when compared to other areas of the tread, or belt separation. |
Repairs on a used tire, per the statute
Condition (D) is the one every used-tire shop needs to know cold. A used tire is unsafe if it has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside (BPC 9889.30(a)(2)(D)). Put plainly: under California law, a used tire with a plug alone (no inside patch) or a patch alone (no cured rubber stem) is an unsafe used tire, and you can’t install it.
The statute also makes a used tire unsafe if it has (BPC 9889.30(a)(2)):
- any repair in the tread shoulder or belt edge area (C);
- any repair to the sidewall or bead area (E);
- a puncture repair of damage larger than 1/4 inch (F);
- evidence of prior use of a temporary tire sealant without evidence of a subsequent proper repair (G).
No official source we used certifies any repair product as meeting this law. Judge the tire against the conditions above, not the label on the repair unit.
What the law doesn’t cover
Section 9889.30(b) says the section does not apply to tire repairs, tire rotations, tire balancing, or a tire on a wheel or rim that is temporarily removed from a vehicle and reinstalled on the same vehicle (BPC 9889.30(b); BAR).
In that subdivision, “tire repair” means “repairing a puncture in the tire tread area that is no larger than one-fourth of one inch in diameter, has not caused any internal damage to the tire, and is repaired according to industry standards” (BPC 9889.30(b)). The statute doesn’t define “industry standards”, and tire repair isn’t one of the specific areas covered on BAR’s Accepted Trade Standards page.
How inspection works under the law
Section 9889.30(c) says that, except for the tread-depth criterion in subparagraph (A), an ARD “shall use a visual inspection to determine whether a tire meets the criteria of an unsafe used tire” (BPC 9889.30(c)). On tread depth, BAR says: “the law is silent as to the method that should be used to measure the tread depth” (BAR).
Shop tip (not a legal requirement): many shops use a tread depth gauge and write down the reading.
Pre-install checklist
Print this and run every used tire through it before it goes on a car. Any checked box means the tire is unsafe under the statute.
| (a)(2) | Is this true of the tire? | Yes |
|---|---|---|
| (A) | The tire is worn to two thirty-seconds of one inch tread depth or less on any area of the tread. | ☐ |
| (B) | The tire has any damage exposing the reinforcing plies of the tire, through cuts, cracks, punctures, scrapes, or wear. | ☐ |
| (C) | The tire has any repair in the tread shoulder or belt edge area. | ☐ |
| (D) | The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside. | ☐ |
| (E) | The tire has repair to the sidewall or bead area. | ☐ |
| (F) | The tire has a puncture repair of damage larger than one-fourth of one inch. | ☐ |
| (G) | The tire shows evidence of prior use of a temporary tire sealant to repair a puncture or damage to the tire without evidence of a subsequent proper repair. | ☐ |
| (H) | The tire has a defaced or removed United States Department of Transportation tire identification number. | ☐ |
| (I) | The tire has any inner liner damage or bead damage. | ☐ |
| (J) | The tire shows indication of internal separation, such as bulges or local areas of irregular tread wear indicating a distortion in the tread area when compared to other areas of the tread, or belt separation. | ☐ |
Based on BPC 9889.30(a)(2). Not a substitute for the statute.
Storing and hauling used tires (CalRecycle)
Used tires vs. waste tires
PRC 42806.5 is a storage and resale definition. A “used tire” is a tire that meets all of these requirements:
- (a) It is no longer mounted on a vehicle but is still suitable for use as a vehicle tire.
- (b) It meets the applicable requirements of the Vehicle Code and Title 13 of the California Code of Regulations.
- (c)(1) It is ready for resale, is stored by size in a rack or a stack not more than two rows wide, but not in a pile, and is stored in accordance with local fire and vector control requirements and with state minimum standards.
- (c)(2) It is stored in a manner to allow the inspection of each individual tire.
CalRecycle says tires that meet that definition aren’t added to the count of waste tires at a site (CalRecycle: What Is a Waste Tire?). Tires a dealer says are to be scrapped are counted as waste tires, and so are tires that can’t be inspected individually, such as stacks blocked in by other stacks (CalRecycle).
The 500 and 1,500 waste-tire limits
CalRecycle says storing 500 or more waste tires (or passenger tire equivalents) requires a waste tire facility permit unless an exclusion or exemption applies. The tire dealer exclusion limit is 1,500 waste tires (PRC 42808(c); 14 CCR 17225.820). To qualify, the business must first notify CalRecycle in writing before storing 500 or more waste tires (14 CCR 18431.2). CalRecycle offers an example form, CalRecycle 811, but says using it isn’t required (CalRecycle: Excluded and Exempt Facilities).
Hauling
CalRecycle says state law requires every person who transports 10 or more used or waste tires to hold a valid waste tire hauler registration and follow the manifest program. Registration is annual and valid through December 31. There’s no application fee, but a $10,000 surety bond is required (CalRecycle Form 60 application, Form 61 bond). Registered haulers must carry Comprehensive Trip Log forms and take tires only to authorized facilities, and anyone receiving 10 or more tires from an unregistered hauler must report the hauler to CalRecycle (CalRecycle: Used and Waste Tire Haulers).
If you send scrap tires out, our directory lists scrap tire recycling options.
Penalties and enforcement
BAR says violating BPC 9889.30 is a misdemeanor. BAR’s Enforcement Division conducts investigations, often in response to consumer complaints, and any licensee who violates the law is subject to BAR discipline (BAR).
Tools that help
- Browse our used-tire tools.
- Tread and DOT scanning (Anyline).
- NHTSA recall lookup. A useful check, not something this law requires.
- Tire registration.
- Tire repair supplies.
FAQ
What is AB 949?
AB 949 (Medina) is a 2019–2020 session California bill, chaptered as Chapter 266, Statutes of 2019 (bill text). It added Article 10, “Used Tires,” to the Automotive Repair Act, creating Business and Professions Code section 9889.30, effective January 1, 2020 (BPC 9889.30). The section bars an automotive repair dealer from installing an unsafe used tire on a motor vehicle for use on a highway. BAR describes a violation as a misdemeanor (BAR).
What makes a used tire “unsafe” under California law?
BPC 9889.30(a)(2)(A)–(J) lists 10 criteria, and a used tire is unsafe if any one applies: tread worn to 2/32" or less on any area of the tread (A); damage exposing the reinforcing plies (B); repairs in the tread shoulder or belt edge (C), or sidewall or bead (E); an improperly repaired puncture (D); a puncture repair of damage larger than 1/4" (F); sealant without a subsequent proper repair (G); a defaced or removed DOT tire identification number (H); inner liner or bead damage (I); or internal separation (J) (BPC 9889.30).
Can a shop install a used tire that has a plug in it?
Not if the plug is the only repair. Under BPC 9889.30(a)(2)(D), a used tire is unsafe if it has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside. It is also unsafe with any repair in the tread shoulder or belt edge area (C), repair to the sidewall or bead area (E), or a puncture repair of damage larger than 1/4" (F) (BPC 9889.30).
Does AB 949 apply when we fix a flat on a customer’s own tire?
BPC 9889.30(b) says the section does not apply to tire repairs, tire rotations, tire balancing, or a tire mounted on a wheel or rim that is temporarily removed from a vehicle and reinstalled on the same vehicle. There, “tire repair” means repairing a puncture in the tire tread area that is no larger than 1/4" in diameter, has not caused any internal damage to the tire, and is repaired “according to industry standards” (BPC 9889.30(b)).
How do I measure tread depth for the 2/32" rule?
The law doesn’t say. Under BPC 9889.30(c), a dealer must use a visual inspection for every criterion except tread depth, subparagraph (A) (BPC 9889.30(c)). On tread depth, BAR says “the law is silent as to the method that should be used to measure the tread depth” (BAR). Many shops use a tread depth gauge and write down the reading. That’s a shop practice, not a legal requirement.
Does a tire shop need to register with BAR?
BAR says AB 3141, signed September 18, 2018, repealed the 1972 exemption for oil changes, tire changes and other defined services, and “those performing these services must now be registered with” BAR (BAR). BAR also says automotive repair dealer registration is “required to diagnose, service, or repair vehicles for compensation,” with a few listed exceptions (BAR: Apply for a license).
How much does BAR registration cost?
BAR lists the automotive repair dealer registration application fee as $200 and the annual renewal fee as $200 (BAR). BAR’s registration application says a late renewal adds a $50 delinquency fee, for a total of $250 (BAR application, PDF). Fees can change, so confirm the current amounts on BAR’s site before you apply or renew.
What’s the penalty for installing an unsafe used tire?
BAR says installing an unsafe used tire is a misdemeanor under BPC 9889.30. BAR’s Enforcement Division investigates, often in response to consumer complaints, and any licensee who violates the law is subject to BAR discipline (BAR). The official sources used for this guide don’t list specific fine amounts.
How should used tires be stored in California?
PRC 42806.5 defines a “used tire” as one that is ready for resale and stored by size in a rack or a stack not more than two rows wide, but not in a pile, in accordance with local fire and vector control requirements and state minimum standards, so each tire can be inspected (PRC 42806.5). CalRecycle says tires meeting that definition aren’t counted as waste tires at a site (CalRecycle).
Do I need a waste tire hauler registration?
CalRecycle says state law requires every person who transports 10 or more used or waste tires to hold a valid waste tire hauler registration and follow the manifest program. Registration is annual, valid through December 31. There is no application fee, but a $10,000 surety bond is required (Form 60 application, Form 61 bond) (CalRecycle).
Sources
- AB 949 (Medina), 2019–2020 session, chaptered bill text (Chapter 266, Statutes of 2019), California Legislative Information
- Business and Professions Code §9889.30 (Article 10, Used Tires; added by Stats. 2019, Ch. 266), California Legislative Information
- “Unsafe Used Tires,” ARSC News, Fall 2019, Bureau of Automotive Repair
- Apply for a license, Bureau of Automotive Repair
- “Preventative Maintenance Services,” ARSC News, Spring 2019, Bureau of Automotive Repair
- Automotive Repair Dealer Registration application (PDF), Bureau of Automotive Repair
- What Is a Waste Tire?, CalRecycle, and Public Resources Code §42806.5, California Legislative Information
- Excluded and Exempt Facilities, CalRecycle
- Accepted trade standards, Bureau of Automotive Repair
- Used and Waste Tire Haulers, CalRecycle
Sources last checked: October 18, 2026
This is general information, not legal advice. Laws and agency guidance change. Check the current law and BAR/CalRecycle guidance (linked above) for your situation.