Division 12, Safety Equipment
17.3 Safety Equipment List
- The following are among the safety items a dealer must check and make operational
before selling a vehicle:
- Brakes must work (including the parking brake) and be tested as per
Vehicle Code §§26450-26451. In general you must have both the
service (pedal) and emergency brake systems fully operational and effective.
- Condition of Brakes
Vehicle Code section 26453 states that all brakes and component parts
shall be maintained in good condition and in good working order. The
brakes shall be adjusted to operate as equally as practicable with
respect to the wheels on opposite sides of the vehicle.
- Vehicle Code section 26454 sets the following brake performance
- The service brakes of every motor vehicle or combination of
vehicles shall be adequate to control the movement of and to stop
and hold such vehicle or combination of vehicles under all conditions
of loading on any grade on which it is operated.
Every motor vehicle or combination of vehicles,
at any time and under all conditions of loading, shall, upon
application of the service brake, be capable of stopping from
an initial speed of 20 miles per hour according to the following
||Maximum Stopping Distance (feet)
|(1) Any passenger vehicle
|(2) Any single motor vehicle with a manufacturer's gross
vehicle weight rating of less than 10,000 lbs.
|(3) Any combination of vehicles consisting of a passenger
vehicle or any motor vehicle with a manufacturer's gross
vehicle weight rating of less than 10,000 lbs. in combination
with any trailer, semitrailer or trailer coach
|(4) Any single motor vehicle with a manufacturer's gross
vehicle weight rating of 10,000 lbs. or more or any bus
|(5) All other combinations of vehicles
In no event shall testing of brakes be done on a public road
at speeds in excess of 25 mph. For further information on brake
standards go to http://www.dmv.ca.gov/pubs/vctop/vc/tocd12c3a2.htm.
- Bumpers (front and rear) [V.C. §28071]
- Horn [V.C. §27000]
- Lights-all (including proper adjustment) [V.C. §24250
- Muffler [V.C. §27150]
- Rearview Mirrors (center and left, and right if center is obstructed)
- Vehicle Code section 27465 requires the following amount of
tire tread for all vehicles sold at retail:
(1) One thirty-second (1/32) of an inch tread depth in any two adjacent
grooves at any location of the tire, except as provided in paragraphs
(2) and (3).
(2) Four thirty-second (4/32) of an inch tread depth at all points in
all major grooves on a tire on the steering axle of any motor vehicle
specified in Section 34500, and two thirty-second of an inch tread depth
at all points in all major grooves on all other tires on the axles of
(3) Six thirty-second (6/32) of an inch tread depth at all points in all
major grooves on snow tires used in lieu of tire traction devices in posted
traction device control areas.
The measurement of tread depth shall not be made where tie bars, humps,
or fillets are located.
- California Tire Recycling Fee Program - The tire recycling fee is a
$1.75 per tire fee collected from customers who purchase new tires from
California retailers. The fee is paid to the Board of Equalization. If
you sell new tires (including selling used vehicles with new tires on
them, or new spare tires), then you must register for the Recycling Program
with the Board of Equalization and file returns with them. Sellers of
new tires can retain 3% of the recycling fee as reimbursement for their
costs in collecting the fee (don't plan on funding your retirement with
this program!). The balance of the recycling fee is paid to the Board
of Equalization. Note: The California tire fee, like sales tax and reg.
fees, may be excluded from the advertised price of a vehicle.
- Windshields (no dangerous crackscracks – cracks where
the windshield wipers sweep) [V.C. §§26700, and 26710]
- Wipers [V.C. §§26706, and 26707]
- Seatbelts (and seatbelt buzzer warnings) [V.C. §§27314,
- Smog [V.C. §27156]
- Federal safety standards: Must comply
- Air Bags: Vehicle Code Section 27317 states that “Any person
who installs or reinstalls for compensation, or who distributes or sells
any previously deployed air bag that is part of an inflatable restraint
system, if the person knows that the air bag has been previously deployed,
is guilty of a misdemeanor punishable by a fine of five thousand dollars
($5,000) or by confinement in the county jail for one year or by both
that fine and confinement.”
- Division 12 safety equipment cannot be waived.
[V.C. §24007] This means you should never sell someone a vehicle that
has a safety defect, unless it is being sold as scrap and is not register-able.
Even if the buyer knows about the defect and is willing to sign a document
stating they will be responsible for repairing the defect, or damage that
results because of it, do not sell them the vehicle until you have repaired
it. You cannot transfer your responsibility for selling a safe car to the
buyer. Signing a document trying to make the buyer responsible only
proves that you sold a dangerous car, and that you, not they, are responsible
for all damages caused by the safety defect.