Friday, December 5, 2008


Home > Resources > Legal Articles > Used Tires: Are They Worth the Risk?




Used Tires: Are They Worth the Risk?

Author(s): C. Richard Newsome , R. Frank Melton II
Date Published: June 6, 2007
Originally Published In: Florida Justice Association Journal

Chances are you recently drove past a used tire store and thought to yourself, “Who would buy a used tire?” The answer may be surprising. The Rubber Manufacturer’s Association estimates that about 30 million used tires are sold to motorists every year. Expectedly, as the number of used tires on our highways increases, the number of motor vehicle accidents involving used tires likewise increases.

The rationalizations for buying used tires vary according to the consumer purchasing them; however, what it comes down to is cost. Used tires are cheap! A used tire for a passenger car can sell for as little as $20, which will include mounting, balancing, and disposal of the tire being replaced. When compared to prices ranging from $100 to $200 for a single new tire, the potential monetary savings are obvious. A consumer can replace all four tires on the family vehicle for less than the cost of buying just one new tire. In this day and age, when the price of gas is over $3 per gallon, savings like this are compelling to the average consumer. However, that same consumer may not realize the dangers surrounding used tires. As such, safety considerations come a distant second to price. If a tire looks good and has decent tread, the consumer should be able to expect that the tire will also be safe. Unfortunately, this is not the case.

In order to comprehend the safety concerns regarding used tires, it is essential to understand where they come from and where they are intended to go. When Florida consumers replace their tires, they are charged a disposal fee for the tires taken off their vehicle. This fee is regulated by statute and varies from $1 to $3 per tire. These used tires are collected by recyclers and are either turned into scrap rubber or they are re-sold as used tires. Used tires are often collected by large, multi-state retailers and sold to small used tire stores for a few dollars per tire. The used tire stores can then turn around and sell that same tire for $20 or more. The opportunity for pure profit entices used tire dealers and, as a result, many damaged and dangerous tires find their way back onto our streets and highways.

Most used tire stores have many sources for getting the used tires they sell, including large retailers who sell used tires by the truckload. However, other sources may consist of car dealerships that stockpile tires removed from vehicles that were serviced. As the collection of removed tires grows, these dealerships contact the used tire stores and will either give the tires away for free or sell them for a nominal fee. Small used tire dealers protect these sources and relationships in order to maintain a competitive edge and ensure the source continues to supply used tires.

In recent years, more troubling sources of used tires have come to light: scrap yards and recycling bins. Used tire dealers have admitted in deposition testimony that tires are often collected from wrecked vehicles. Dealers will scavenge tow-yards for crashed vehicles that have tires which they can re-sell. The problem is that these tires often sustain internal damage in the wreck. This damage cannot be seen during a visual inspection of the tire. Perhaps the most disturbing source of used tires is what has been coined “dumpster diving.” Used tire dealers have been caught searching through the pick-up bins for rubber recyclers and removing used tires that have already been marked for scrap. Tires intended to be destroyed by scrap-yards are being collected and resold to the unknowing public.

The lack of training and experience of the used tire employees charged with the responsibility of examining used tires to determine their fitness for sale is another concern. Recent discovery has also uncovered a total lack of experience in some used tire stores. One owner testified that she gained all of her experience in examining and inspecting used tires from an uncle who owned a used tire store in Georgia. At the time, she was recently out-of-work so she began gathering tires from wrecked vehicles and driving them out of state to her uncle’s place of business. According to her deposition testimony, her uncle trained her how to inspect used tires to determine whether they could be re-sold. After some time, she opened her own business in Florida. Throughout the years, she “personally” hired and trained all of her tire employees on how to inspect, repair, mount and service tires. One of her “trainees” was a family member, who was previously employed as a graphic artist and had no mechanical or automotive background whatsoever. This same employee sold the tire which separated two days later, killing the driver in the resultant wreck. Sadly, these types of stories are becoming more frequent in Florida.

Regardless of the source, the main problem with used tires is the total lack of regulation. There are no state or federal standards for determining whether a used tire is safe. Accordingly, used tire dealers are constrained only by market forces as to whether a tire will sell. States may recommend replacement guidelines, but these are usually based on tread depth only. Most tire manufacturers set rigid standards for new tires, and many, if not all, manufacturers require every tire to be thoroughly inspected before it is sold. Used tires generally only go through a visual inspection to determine whether or not the tire visually appears to be in good enough condition that a consumer will purchase it. Used tire dealers only look for obvious signs of problems which would be apparent to the consumer, such as dry-rot or bald tread. Some used tires may even be sold with existing repairs in the tire, such as patches or plugs. Again, the focus is on whether the tire can be re-sold for a profit, not whether the tire is safe.

Knowledge and experience are not only important for inspection of tires, but also for maintenance and service. In recent years, U.S. consumers have learned what many Europeans have known for years: tires degrade over time, even when not in use. In fact, both Chrysler and Ford have begun warning consumers that tires older than six years from the date of manufacture should not be used regardless of whether they were in service. This is especially important with used tires, as many used tire dealers do not receive manufacturer’s bulletins or warnings. As most used tire stores do not sell new vehicles or tires, they are not in the stream of commerce. Therefore, these used tire stores do not receive recall notices or defect manuals, and they do not know what tires the manufacturers may have identified as being dangerous or unsafe. In fact, recent depositions of used tire employees evidence a complete lack of knowledge about the dangers associated with the age of tires. Further, the warnings provided by manufacturers are dependent upon proper storage of the tire. Used tire dealers are often unaware of recommended storage guidelines for tires, or they choose to ignore them. For example, many used tires stores keep the tires available for sale outside in bins where the tires are subject to light and heat elements which lead to degradation. Tires may be stacked on top of each other several layers high, which is specifically warned against by manufacturers due to possible damage.

Most vehicle and tire manufacturers advise consumers not to purchase used tires at all. For example, the 1997 Isuzu Rodeo owner’s manual warns that, “Replacement with used wheels is not advised: they may have been subjected to harsh treatment or very high mileage and could fail without warning.” Most, if not all, tire manufacturers mirror this warning. The reason is that there is no way to determine the service history of a used tire or no way of knowing whether the tire has sustained internal damage to its components or whether it was abused. The average tire consumer is not sophisticated enough to recognize signs of abuse, and further these may not be discoverable during a visual inspection. In many cases, a pending failure can only be discovered by use of shearography, which uses a machine to non-destructively examine a tire’s inner components to determine whether damage has been sustained. Shearography machines are expensive, more than $150,000, and too expensive to the large majority of used tire dealers.

Due to a lack of state and federal regulation, used tires will continue to find their way back onto our streets and highways in dangerous conditions. Consumers should be cautious about the purchase of used tires, due to an incomplete knowledge of the service history.


If you have questions or comments, please feel free to contact us.


20 North Orange Avenue, Suite 800 • Orlando, Florida 32801 • 407.648.5977 • 888.808.5977
bookmark Bookmark This Page   (Ctrl+D)