Existing law, the Automotive Repair Act, provides for the licensure and regulation of automotive repair dealers by the Bureau of Automotive Repair. A violation of these provisions is a misdemeanor unless otherwise specified, and may subject a licensee to disciplinary action, including license suspension or revocation.

This bill would prohibit an automotive repair dealer from installing an unsafe used tire, as specified, on a motor vehicle for use on a highway. The bill, except as specified, would require an automotive repair dealer to use a visual inspection to determine whether a tire meets the criteria of an unsafe used tire. The bill would exempt from its provisions certain activities relating to tires. Because a violation of these provisions by an automotive repair dealer would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

 THIRD READING  

Bill No: AB 949

Author: Medina (D)

Amended: 4/22/19 in Assembly

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/24/19

AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 5/16/19 (Consent) - See last page for vote

SUBJECT: Unsafe used tires: installation

SOURCE: U.S. Tire Manufacturers Association

DIGEST:

This bill prohibits an automotive repair dealer from installing an unsafe used tire, as defined, on a motor vehicle for use on a highway.

ANALYSIS:

Existing law:

1. Establishes the Bureau of Automotive Repair (BAR) under the jurisdiction of the Department of Consumer Affairs (DCA) for the licensure and regulation of automotive repair dealers. (Business and Professions Code (BPC) § 9880 et seq.)
   
2. Defines an “automotive repair dealer” as a person who engages in the business of repairing or diagnosing malfunctions of motor vehicles for compensation. (BPC § 9880.1(a))
   
3. Establishes an enforcement program within the BAR that investigates violations of the Automotive Repair Act (Act). (BPC § 9882.6(a))
   
4. Authorizes the suspension, revocation, or other disciplinary action against a licensee for:
   
   1. Violating the BPC that relates to the licensee’s licensed activities;
      
   2. Being convicted of any crime substantially related to functions or duties of the license holder;
      
   3. Violating any regulations promulgated under the Act;
      
   4. Committing any act involving dishonestly, deceit, or fraud whereby another is injured;
      
   5. Misrepresenting a material fact in obtaining a license;
      
   6. Aiding an unlicensed person to evade the provisions of the Act; or
      
   7. Failing to keep a record showing his or her transactions as a licensee, or failing to have the records available for inspection by the director, as specified, for at least three years after completion of any transaction. (BPC § 9889.3(a-g))
      

This bill:

1. Defines, for purposes of this bill, an “unsafe used tire” to mean a used tire to which any of the following criteria apply:
2. The tire is worn to two thirty-seconds of one inch tread depth or less on any area of the tread;
3. The tire has any damage exposing the reinforcing plies of the tire, through cuts, cracks, punctures, scrapes or wear;
4. The tire has any repair in the tread shoulder or belt edge area;
5. The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through the outside;
6. The tire has repair to the sidewall or bead area, has a puncture repair or damage larger than one-fourth of one inch;
7. 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;
8. The tire has a defaced or removed United States Department of Transportation tire identification number, has any inner liner damage or bead damage; or,
   
9. 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.
   
10. Prohibits an automotive repair dealer from installing an “unsafe used tire”, as specified, but 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.
    
11. Defines “tire repair” for purposes of 2) above, to mean 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.

Background

Tire Safety and Federal Regulations. Title 49, Federal Code of Regulations § 393.75 specifies that no motor vehicle should be operated on any tire that: (1) has body ply or belt material exposed through the tread or sidewall; (2) has any tread or sidewall separation; (3) is flat or has an audible leak; or, (4) has a cut to the extent that the ply or belt material is exposed. Additionally, federal regulations also require that tires have a tread groove pattern depth of at least 2/32 of an inch. The used tire safety standards proposed by this bill extend beyond what is specified in the federal code of regulations in an effort to increase safety standards for consumers. In addition to California, other states have attempted to, or have enacted legislation similar to this bill include, Colorado (2014), New Jersey (2017), and Ohio (2018). A similar measure was recently passed by the Texas Legislature but vetoed by the Governor of Texas.

Sale vs. Installation. As currently drafted, this bill only prohibits the installation of an “unsafe used tire” and provides exemptions for tires that are being repaired, balanced, or rotated. The author notes that not all unsafe used tires are being installed on cars; there is a retail market that sells them for swings, race track barriers, and garden pots. As such, this bill only limits the installation of unsafe used tires, as opposed to prohibiting the retail sales of these tires.

BAR. The BAR’s enforcement division conducts investigations, often in response to consumer complaints and disciplines licensees who do not comply with statute or regulations, and also pursues unlicensed activity. As this bill prohibits an automotive repair dealer from installing an unsafe used tire on a vehicle, any licensee who violates this prohibition would be subject to the BAR’s enforcement authority.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 7/8/19)

U.S. Tire Manufacturers Association (source)

AAA

Autocare Association

Automobile Club of Southern California

Automotive Service Councils of California

California Autobody Association

California Automotive Business Coalition

California Automotive Wholesalers’ Association

California Tire Dealers Association

Independent Automotive Professionals

Les Schwab Tires

OPPOSITION: (Verified 7/8/19)

None received

ARGUMENTS IN SUPPORT: The U.S. Tire Manufacturers Association writes in support, “[This bill] prohibits the installation of worn-out, damaged or improperly repaired tires. This measure uses well-established criteria – easily recognizable by any tire professional – to clearly define which tires are unsafe. Tires worn to 1/16th of an inch are worn-out and are dangerous because they no longer provide sufficient grip on the road, particularly under wet conditions. Tires with damage exposing steel belts or other internal components threaten a tire’s structural integrity. Improperly repaired tires can suffer loss of inflation pressure or have hidden damage that may contribute.”

The Automobile Club of Southern California writes in support, “Consumers should be able to choose from a broad selection of tires at a wide range of price points. The cost of new tires can be very expensive and used tires provide a financially feasible alternative for many households. AB 949 will ensure automobile professions will only sell used tires consumers can trust to me safety standards for use on highways. We believe this measure will increase safety on our roads.”

The California Tire Dealers Association, California Autobody Association, California Automotive Business Coalition, Automotive Service Councils of California, California Automotive Wholesalers’ Association, Autocare Association, Independent Automotive Professionals, AAA, and Les Schwab Tires write in support, “[This bill] aims to reduce the risk of tire failure and motor vehicle crashes, while imposing minimal burdens on businesses installing tires. The bill prohibits the installation of tires with unsafe characteristics that are easily identifiable to anyone in the tire business.”

ASSEMBLY FLOOR: 74-0, 5/16/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Burke, Cooley, Friedman, Cristina Garcia, Ting

Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104

7/10/19 14:27:32

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Steven Glazer, Chair

2019 - 2020 Regular

Bill No: AB 949 Hearing Date: June 24, 2019

Subject: Unsafe used tires: installation

SUMMARY:

Prohibits an automotive repair dealer from installing an unsafe used tire, as defined, on a motor vehicle for use on a highway.

Existing law:

1. Establishes the Bureau of Automotive Repair (BAR) under the jurisdiction of the Department of Consumer Affairs (DCA) for the licensure and regulation of automotive repair dealers. (Business and Professions Code (BPC) § 9880 et seq.)
   
2. Defines and “automotive repair dealer” as a person who engages in the business of repairing or diagnosing malfunctions of motor vehicles for compensation. (BPC § 9880.1(a))
   
3. Provides that, subject to exceptions, any violation of the automotive repair act is a misdemeanor and punishable by a fine not exceeding $1,000, or by imprisonment not exceeding six months. (BPC § 9889.20.)
   
4. Defines the “repair of motor vehicles” as all maintenance of, and repairs to, motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding repairs made pursuant to a commercial business agreement and roadside services. (BPC § 9880.1(k))
   
5. Establishes an enforcement program within the Bureau that investigates violations of the Automotive Repair Act (Act). (BPC § 9882.6(a))
   
6. States that it is unlawful for any person to be automotive repair dealer without first registering with the Bureau and maintaining a current registration. (BPC § 9884.6)
   
7. Authorizes the suspension, revocation, or other disciplinary action against a licensee for:
   
   1. Violating the BPC that relates to the licensee’s licensed activities;
      
   2. Being convicted of any crime substantially related to functions or duties of the license holder;
      
   3. Violating any regulations promulgated under the Act;
      
   4. Committing any act involving dishonestly, deceit, or fraud whereby another is injured;
      
   5. Misrepresenting a material fact in obtaining a license;
      
   6. Aiding or abeting an unlicensed person to evade the provisions of the Act; or
      
   7. Failing to keep a record showing his or her transactions as a licensee, or failing to have the records available for inspection by the director, as specified, for at least three years after completion of any transaction. (BPC § 9889.3(a-g))
      

This bill:

1. Defines, for purposes of this bill, an “unsafe used tire” to mean a used tire to which any of the following criteria apply:
2. The tire is worn to two-thirty seconds of one inch tread depth or less on any area of the tread;
3. The tire has any damage exposing the reinforcing plies of the tire, through cuts, cracks, punctures, scrapes or wear;
4. The tire has any repair in the tread shoulder or belt edge area;
5. The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through the outside;
6. The tire has repair to the sidewall or bead area;
7. The tire has a puncture repair of damage larger than one-fourth of one inch;
8. 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;
9. The tire has a defaced or removed United States Department of Transportation tire identification number;
10. The tire has any inner liner damage or bead damage; or,
    
11. 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.
    
12. Prohibits an automotive repair dealer from installing an “unsafe used tire”, as specified, but 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.
    
13. Defines “tire repair” for purposes of 2) above, to mean repairing a puncture in the tire tread area that is no larger than one-fourth of in inch in diameter, has not caused any internal damage to the tire, and is repaired according to industry standards.

FISCAL EFFECT:

This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations analysis dated April 22, 2019, this bill would result in minor and absorbable costs for the Bureau of Automotive Repair to enforce the prohibition against installing unsafe used tires on licensed automotive repair dealers.

COMMENTS:

1. Purpose. This bill seeks to enhance consumer safety by prohibiting the installation of unsafe used tires on vehicles. This bill is sponsored by the U.S. Tire Manufacturers Association. According to the Author, “Consumers purchasing used tires are often not aware of the actual condition of the tires they are purchasing, particularly if there is no visible damage. There is nothing worse than damaged tires on wet roads. Tire manufacturers share my concern as well as federal and state highway safety officials, safety advocates, the automotive industry, and others that our nation must do more to mitigate the risk of vehicle crashes. AB 949 is a small yet important step to increasing the safety of the drivers on the road by prohibiting the installation of unsafe used tires.”
2. Background.

Tire Safety and Federal Regulations. Title 49, Federal Code of Regulations § 393.75 specifies that no motor vehicle should be operated on any tire that: 1) has body ply or belt material exposed through the tread or sidewall; 2) has any tread or sidewall separation; 3) is flat or has an audible leak; 4) or, has a cut to the extent that the ply or belt material is exposed. Additionally, federal regulations also require that tires have a tread groove pattern depth of at least 2/32 of an inch. The used tire safety standards proposed by this bill extend beyond what is specified in the federal code of regulations in an effort to increase safety standards for consumers.

According to the United States Tire Manufacturers Association, the sponsor of this bill, “any used tire purchase is risky since the buyer can never know the tire’s previous history…A tire may have been driven for too long while under-inflated or may have suffered impact damage from a pothole or curb, for example. Tires experiencing such damage are at greater risk of failure.”

In addition to California, other states have attempted to, or have enacted legislation similar to this measure include, Colorado (2014), New Jersey (2017), and Ohio (2018). A similar measure was recently passed by the Texas Legislature but vetoed by the Governor of Texas.

Sale vs. Installation. As currently drafted, this bill only prohibits the installation of an “unsafe used tire” and provides exemptions for tires that are being repaired, balanced, or rotated. This bill does not explicitly prohibit an automotive repair technician from balancing a tire that may meet the standards that would prohibit “installing” the tire. The author notes that not all unsafe used tires are being installed on cars; there is a retail market that sells them for swings, race track barriers, and garden pots. As such, this bill only limits the installation of unsafe used tires, as opposed to prohibiting the retail sales of these tires.

Bureau of Automotive Repair. The Bureau was established as a result of SB 51 (Beilenson, Chapter 1578, Statutes of 1971). The Act created a statewide automotive consumer protection program, including the mandatory registration and regulation of automotive repair dealers and in 1984, the Bureau implemented the Smog Check Program to license and regulate Smog Check stations and technicians.

The Bureau’s enforcement division conducts investigations, often in response to consumer complaints and disciplines licensees who do not comply with statute or regulations, and also pursues unlicensed activity. As this bill would prohibit an automotive repair dealer from installing an unsafe used tire on a vehicle, any licensee who violates this prohibition would be subject to the Bureau’s enforcement authority.

1. Arguments in Support. The U.S. Tire Manufacturers Association writes in support, “[This bill] prohibits the installation of worn-out, damaged or improperly repaired tires. This measure uses well-established criteria – easily recognizable by any tire professional – to clearly define which tires are unsafe. Tires worn to 1/16th of an inch are worn-out and are dangerous because they no longer provide sufficient grip on the road, particularly under wet conditions. Tires with damage exposing steel belts or other internal components threaten a tire’s structural integrity. Improperly repaired tires can suffer loss of inflation pressure or have hidden damage that may contribute.”

The Automobile Club of Southern California writes in support, “Consumers should be able to choose from a broad selection of tires at a wide range of price points. The cost of new tires can be very expensive and used tires provide a financially feasible alternative for many households. AB 949 will ensure automobile professions will only sell used tires consumers can trust to me safety standards for use on highways. We believe this measure will increase safety on our roads.”

The California Tire Dealers Association, California Autobody Association, California Automotive Business Coalition, Automotive Service Councils of California, California Automotive Wholesalers’ Association, Autocare Association, Independent Automotive Professionals, AAA, and Les Schwab Tires write in support, “[This bill] aims to reduce the risk of tire failure and motor vehicle crashes, while imposing minimal burdens on businesses installing tires. The bill prohibits the installation of tires with unsafe characteristics that are easily identifiable to anyone in the tire business. To date, three states have enacted similar laws: Colorado, New Jersey, and Ohio.”

SUPPORT AND OPPOSITION:

Support:

U.S. Tire Manufacturers Association (Sponsor)

AAA

Autocare Association

Automobile Club of Southern California

Automotive Service Councils of California

California Autobody Association

California Automotive Business Coalition

California Automotive Wholesalers’ Association

California Tire Dealers Association

Independent Automotive Professionals

Les Schwab Tires

Opposition:

None on file as of June 18, 2019

-- END --

Date of Hearing: May 8, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 949

Author:(Medina) – As Amended Ver:April 22, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill prohibits an automotive repair dealer from installing an unsafe used tire, as specified, on a motor vehicle for use on a highway. This bill also prohibits an automotive repair dealer from installing an unsafe used tire on a motor vehicle, for use on a highway. This bill also requires an automotive repair dealer to visually inspect the tire to determine whether it is unsafe, as defined by law, before installing the tire.

FISCAL EFFECT:

Minor and absorbable costs for the Bureau of Automotive Repair to enforce the prohibition against installing unsafe used tires on licensed automotive repair dealers.

COMMENTS:

1. Purpose. According to the author:

AB 949 is a small yet important step to increasing the safety of the drivers on the road by prohibiting the installation of unsafe used tires.

1. Background. Federal law prohibits driving on tires that have a tread groove pattern depth less than two thirty-seconds of an inch, or driving on tires that have body ply or belt material exposed through the tread or sidewall, have any tread or sidewall separation, are flat or have an audible leak, or have a cut to the extent that the ply or belt material is exposed. This bill prohibits an automotive repair dealer from installing used tires on vehicles that are deemed “unsafe” pursuant to federal standards, but also prohibits the installation of “unsafe tires.” This bill defines “unsafe” used tires by including in that definition any tire that has a repair to the sidewall or bead area, evidence of prior temporary tire sealant without repair, or inner linear or bead damage. This bill expands the existing penalty for any illegal conduct by a licensed automotive repair dealer to install unsafe tires, as defined by this bill.
   
2. Prior Legislation. AB 873 (Jones-Sawyer), Chapter 849, Statutes of 2016, deleted the current list of minor repairs exempted from registration with the Bureau of Automotive Repair, effective January 1, 2018.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: March 26, 2019

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Ed Chau, Chair

ABPCA Bill Id:AB 949 (

Author:Medina) – As Introduced Ver:February 20, 2019

SUBJECT: Unsafe used tires: installation

SUMMARY: This bill would prohibit an automotive repair dealer from installing an unsafe used tire, as specified, on a motor vehicle for use on a highway. Specifically, this bill would:

1. Prohibit an automotive repair dealer from installing an unsafe used tire, as defined, on a motor vehicle for use on a highway.
2. Define “unsafe used tire” to mean a used tire to which any of the following criteria applies:

• The tire is worn to two thirty-seconds of one inch tread depth or less on any area of the tread.
• The tire has any damage exposing the reinforcing plies of the tire, including cuts, cracks, punctures, scrapes, or wear.
• The tire has any repair in the tread shoulder or belt edge area.
• 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.
• The tire has repair to the sidewall or bead area.
• The tire has a puncture repair of damage larger than one-fourth of one inch.
• 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.
• The tire has a defaced or removed United States Department of Transportation tire identification number.
• The tire has any inner liner damage or bead damage.
• The tire shows indication of internal separation, such as bulges or local areas of irregular tread wear indicating possible tread or belt separation.

1. Exempt a tire mounted on a wheel or rim that is temporarily removed from a vehicle and reinstalled on the same vehicle from the prohibition above.

EXISTING LAW:

1. Provides, under federal law, that no motor vehicle shall be operated on any tire that:
   • has body ply or belt material exposed through the tread or sidewall, has any tread or sidewall separation, is flat or has an audible leak, or has a cut to the extent that the ply or belt material is exposed; or
   • has a tread groove pattern depth of less than two thirty-seconds of an inch when measured in a major tread groove, as specified. (49 C.F.R. Sec. 393.75.)
2. Provides, pursuant to the Automotive Repair Act (ARA), for the licensure and regulation of automotive repair dealers by the Bureau of Automotive Repair. (Bus. & Prof. Sec. 9880 et seq.)
3. Provides that, subject to exceptions, any violation of the ARA is a misdemeanor and punishable by a fine not exceeding $1,000, or by imprisonment not exceeding six months. (Bus. & Prof. Sec. 9889.2.)
4. Defines the “repair of motor vehicles” to mean all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreements and roadside services. (Bus. & Prof. Sec. 9880.1.)
5. Defines “automotive repair dealer” to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. (Bus. & Prof. Sec. 9880.1.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the bill: This bill seeks to enhance consumer protection by prohibiting the installation of unsafe used tires on vehicles. This bill is sponsored by the U.S. Tire Manufacturers Association (USTMA).
2. Author’s statement: According to the author, “[C]onsumers purchasing used tires are often not aware of the actual condition of the tires they are purchasing, particularly if there is no visible damage. There is nothing worse than damaged tires on wet roads. Tire manufacturers share my concern as well as federal and state highway safety officials, safety advocates, the automotive industry, and others that our nation must do more to mitigate the risk of vehicle crashes. AB 949 is a small yet important step to increasing the safety of the drivers on the road by prohibiting the installation of unsafe used tires.”
3. Tire safety is paramount: The National Highway Traffic Safety Administration (NHTSA) notes that in order for a vehicle to handle safely and to use fuel economically, the vehicle’s tires should be in good condition. Good condition requires regular monitoring and timely maintenance of all tires on the vehicle. Nevertheless, it is common to find vehicles on the road running on one or more improperly inflated tires, tires with inadequate tread depth, or improperly repaired tires. Inadequate tread depth can also result in tire blowout. Tire-related events such as tire failure or blowout resulting from tire deficiencies or other factors are risky and often add to the likelihood of auto accidents, injury, and death. According to a 2003 NHTSA report, an estimated 414 fatalities, 10,275 non-fatal injuries, and 78,392 crashes occurr annually due to flat tires or blowouts before tire pressure monitoring systems were installed in vehicles. (NHTSA, Tire-Related Factors in the Pre-Crash Phase (April 2012).)

Federal law prohibits the driving on tires that have a tread groove pattern depth less than two thirty-seconds of an inch, or driving on tires that have body ply or belt material exposed through the tread or sidewall, have any tread or sidewall separation, are flat or have an audible leak, or have a cut to the extent that the ply or belt material is exposed. (49 C.F.R. Sec. 393.75.) This bill would prohibit an automotive repair dealer from installing used tires on vehicles that are deemed “unsafe” according to these same federal standards (and a few additional standards discussed in Comment 4, below).

USTMA, sponsor of this bill, notes that more than 30 million used tires are available for sale nationally each year. Quality used tires generally have from 40% to 70% of the tread remaining, and present a short-term solution that can save consumers hundreds of dollars. That being said, federal law prohibits driving on unsafe tires, but does not prohibit the installation of unsafe tires. This framework places the onus of ensuring tire safety completely on the vehicle driver. By prohibiting the installation of unsafe used tires, AB 949 would also allocate the duty of ensuring tire safety onto licensed automotive repair dealers.

As a practical matter, this bill would draw a bright line regarding the used tires that are safe for installation and the used tires that are not. This should increase safety for drivers and the community alike. Additionally, and as a matter of public policy, this bill would shift part of the responsibility for tire safety onto licensed automotive repair dealers, who are arguably more knowledgeable than the average consumer about vehicle maintenance and repair, and therefore in a much better position to judge the suitability of used tires for automotive purposes.

1. Bill is necessarily more protective of consumers than federal safety standards: As noted in Comment 3, above, this bill is largely modeled after federal tire safety standards, which prohibit the driving on tires that have a tread groove pattern depth less than two thirty-seconds of an inch, or driving on tires that have body ply or belt material exposed through the tread or sidewall, have any tread or sidewall separation, are flat or have an audible leak, or have a cut to the extent that the ply or belt material is exposed. (49 C.F.R. Sec. 393.75.) This bill, however, goes beyond the federal standards, and includes in the definition of “unsafe used tire” the following elements:
   • The tire has any repair in the tread shoulder or belt edge area.
   • The tire has had a repair to the sidewall or bead area.
   • 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.
   • The tire has any inner linear damage or bead damage.

As noted by the sponsor in their tire care and service manual:

Once tires are applied to a vehicle and put into service (this includes spare tires), they are considered “used.” The purpose of this information is to address the potential risk associated with the installation of used tires that have uncertain or unknown history of use, maintenance or storage conditions. Such tires may have damage that could eventually lead to tire failure. This information pertains to used tires installed as replacement tires or as equipped on a used vehicle. […]

Not all tire damage that can lead to tire failure is outwardly visible. For instance, improper repairs or damage to a tire innerliner can only be observed by inspecting the inside of the tire, demounted from the wheel. A qualified tire service professional should inspect the internal and external condition of the used tires prior to application. In the case of a used vehicle purchased by a consumer, the only way to determine the condition of its tires is to have them demounted by a tire service professional for the same type of inspection. (USTMA, Care and Service of Passenger and Light Truck Tires found at <https://www.ustires.org/sites/default/files/CareAndService_PassengerAndLightTruckTires.pdf> [as of Mar. 18, 2019].)

Given the fact that tires, by their very nature, become less safe with time and miles driven, these additional requirements will arguably help ensure that consumers are purchasing a product that will last them a certain amount of time and will not become unsafe almost immediately after installation. Staff additionally notes that this bill contains an exception for tires mounted on a wheel or rim that is temporarily removed from a vehicle and reinstalled on the same vehicle. This exception should allow for emergency tire repair.

1. Distinction between sale of unsafe used tires and installation of unsafe used tires: This bill would prohibit the installation of unsafe used tires on vehicles, but would not prohibit the sale of these same tires. In other words, the legislation does not ban all used tire sales, but targets the installation of used tires that have specific, well-established, unsafe conditions. This distinction should arguably allow for the continued operation and growth of the rubber recycling industry. Among others purposes, used tires are commonly used for swings, race track barriers, and garden pots, and the rubber recycling industry is growing. According to USTMA:

The turnaround in U.S. scrap tire consumption is astonishing: In 1990, only 11 [%]] of annually generated scrap tires were consumed in beneficial end use markets. The rest went into stockpiles. For many stakeholders, including USTMA, this a priority issue.

By 2017, end-use markets consumed 81.4 [%] of scrap tires generated in the U.S.

The top market categories for scrap tires are tire derived fuel, ground rubber and civil engineering applications. (U.S. Tire Manufacturers, Scrap Tire Markets, <https://www.ustires.org/scrap-tire-markets> [as of March 13, 2019].)

Keith Sacks, vice president of Rubberecycle, manufacturer of rubber mulch and residential surfacing products made from scrap tires, explains that more products both in and out of the recreation market are growing as the industry continues to expand both in commercial and residential areas. “Tire recycling technology has really made the process easy and efficient and is taking off and being used in many different ways. […] Recycled tires are being used for playground safety, landscaping, horse tracks, obstacle courses and even as bullet traps for ballistic courses. And many states have recently started to look at recycled tires as a way to repave roads.” (American Recycler News, Rubber recycling: a growing industry (May 2016).)

This bill, which would allow for the sale of used tires that although unsafe for driving, remain suitable for non-automotive purposes, would simultaneously serve to better protect consumers from unsafe driving conditions while leaving the rubber recycling industry intact.

1. Prior legislation: AB 873 (Jones, Ch. 849, Stats. 2016) deleted the current list of minor repairs exempted from registration with the Bureau of Automotive Repair, effective January 1, 2018, and required the Director of the Department of Consumer Affairs, prior to January 1, 2018, to adopt regulations defining a new list; excluded propulsive batteries from the current list of minor services; and excluded motor clubs and operators of tow trucks from the definition of roadside services.

AB 1665 (Jones, 2014) would have deleted “repairing tires” and “changing tires” from the list of repair services exempt from registration as an automotive repair dealer under the BAR. This bill was vetoed Governor Brown who expressed that further review and input from stakeholders was needed.

SB 202 (Galgiani, 2013) would have deleted repairing and changing tires from those exclusion lists. It would have also excluded tire services provided by or on behalf of a motor club holding a specified certificate of authority or an operator of a tow truck owned or operated by a person or entity possessing a valid motor carrier permit from the definitions of “repair of motor vehicles” and “automotive technician.” This bill was held on the Assembly Appropriations Suspense File.

AB 2065 (Galgiani, 2012) was essentially the same as SB 202. This bill was held on the Assembly Appropriations Committee Suspense File.

REGISTERED SUPPORT / OPPOSITION:

Support

U.S. Tire Manufacturers Association (sponsor)

Opposition

None on file

Analysis Prepared by: Nichole Rapier / P. & C.P. / (916) 319-2200