South Carolina Law > Code of Laws > Title 39

Editor's Note

2025 Act No. 33, SECTION 4, provides as follows:

"SECTION 4. The Code Commissioner is directed to change the following headings in the S.C. Code:

"(1) Chapter 75, Section 39-75-10 through 39-75-50, shall be styled as 'Article 1, Regrooved and Regroovable Tires'; and

"(2) Chapter 75, Title 39 shall be styled as 'Tires.'"





Editor's Note

2025 Act No. 33, SECTION 4, provides as follows:

"SECTION 4. The Code Commissioner is directed to change the following headings in the S.C. Code:

"(1) Chapter 75, Section 39-75-10 through 39-75-50, shall be styled as 'Article 1, Regrooved and Regroovable Tires'; and

"(2) Chapter 75, Title 39 shall be styled as 'Tires.'"

SECTION 39-75-10.Definitions.

As used in this chapter, the term:

(1) "Regroovable tire" means a tire, either original tread or retread, designed and constructed with sufficient tread material to permit renewal of the tread pattern or the generation of a new tread pattern in a manner which conforms to this chapter.

(2) "Regrooved tire" means a tire, either original tread or retread, on which the tread pattern has been renewed or a new tread has been produced by cutting into the tread of a worn tire to a depth equal to or deeper than the molded original groove depth.

HISTORY: 2000 Act No. 300, SECTION 1, eff May 26, 2000.

SECTION 39-75-20.Requirements applicable to sale of regrooved or regroovable tires.

(A) Except as permitted in subsection (B) of this section, a person shall not sell, offer for sale, or introduce or deliver for introduction into commerce regrooved tires produced by removing rubber from the surface of a worn tire tread to generate a new tread pattern. A person who regrooves tires and leases them to owners or operators of motor vehicles and a person who regrooves his own tires for use on motor vehicles is considered to be a person delivering for introduction into commerce within the meaning of this section.

(B) A regrooved tire may be sold, offered for sale, or introduced for sale or delivered for introduction into commerce only if it conforms to each of the following requirements:

(1) The tire being regrooved is a regroovable tire.

(2) After regrooving, cord material below the grooves must have a protective covering of tread material at least 3⁄32 -inch thick.

(3) After regrooving, the new grooves generated into the tread material and residual original molded tread groove which is at or below the new regrooved depth must have a minimum of ninety linear inches of tread edges for each linear foot of the circumference.

(4) After regrooving, the new groove width generated into the tread material must be a minimum of 3⁄16 -inch and a maximum of 5⁄16 -inch.

(5) After regrooving, all new grooves cut into the tread must provide unobstructed fluid escape passages.

(6) After regrooving, the tire must not contain any of the following defects, as determined by a visual examination of the tire either mounted on the rim or dismounted:

(a) cracking which extends to the fabric;

(b) groove cracks or wear extending to the fabric; or

(c) evidence of ply, tread, or sidewall separation.

(7) If the tire is siped by cutting the tread surface without removing rubber, the tire cord material may not be damaged as a result of the siping process, and a sipe may not be deeper than the original or retread groove depth.

(C) A person shall not sell, offer for sale, or introduce for sale or deliver for introduction into commerce a regroovable tire that has been siped by cutting the tread surface without removing rubber if the tire cord material is damaged as a result of the siping process, or if the tire is siped deeper than the original or retread groove depth.

HISTORY: 2000 Act No. 300, SECTION 1, eff May 26, 2000.

SECTION 39-75-30.Labeling of tire designed for regrooving.

A tire designed and constructed for regrooving shall be labeled on one sidewall with the word "REGROOVABLE".

HISTORY: 2000 Act No. 300, SECTION 1, eff May 26, 2000.

SECTION 39-75-40.Applicability of chapter.

This chapter does not apply to regrooved or regroovable tires intended solely for export outside the United States, which tires must be labeled or tagged for export; nor does it apply to tires intended solely for agricultural use or for off the road industrial use.

HISTORY: 2000 Act No. 300, SECTION 1, eff May 26, 2000.

SECTION 39-75-50.Sale of nonconforming tires; penalty.

Any person who knowingly sells, offers for sale, or delivers for introduction into this State regrooved tires not in conformity with this chapter is guilty of a misdemeanor and, upon conviction, shall be imprisoned not more than one year or fined not more than five thousand dollars, or both.

HISTORY: 2000 Act No. 300, SECTION 1, eff May 26, 2000.





SECTION 39-75-100.Definitions.

For the purposes of this chapter:

(1) "Department" means the Department of Environmental Services.

(2) "Manifest" means a record that contains all information required by the department including, but not limited to, an accurate measurement of the number of tires being transported, the type or types of tires, the date the tires originated from or reached their destination, and the origin and intended final destination of the tires, in a format approved by the department.

(3) "Waste tire" has the same meaning as in Section 44-96-40(67).

(4) "Waste tire facility" means a waste tire collection, disposal, processing, or recycling facility as defined in Section 44-96-40(68), waste tire site as defined in Section 44-96-40(70), or a waste tire treatment site as defined in Section 44-96-40(71).

(5) "Waste tire generator" means any person whose action or process produces a waste tire.

(6)(a) "Waste tire hauler" means a person engaged in picking up or transporting fifteen or more waste tires at a time for the purpose of collection, storage, processing, or disposal at a waste tire facility. A waste tire hauler must comply with the manifest requirements contained in this article and display a decal as provided in Section 39-75-140.

(b) "Waste tire hauler" does not apply to a person hauling waste tires pursuant to a municipality's sanctioned tire clean-up event, to a county's waste tire clean-up enforcement efforts, as provided in Section 44-96-170(D), the South Carolina Department of Transportation, or to a person hauling regrooved or regroovable tires as provided in Article 1, Chapter 39 of this title.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-110.Waste tire haulers; manifests.

(A) A waste tire hauler transporting waste tires for handling, altering, storage, recycling, or disposal must complete a manifest and submit it to the department as provided in subsection (B)(2) of this section. The manifest must also be readily accessible in the transporting vehicle during transportation by paper copy or electronic means. The manifest shall be shown upon demand to any representative of the department or law enforcement.

(B)(1) For each load of waste tires, a waste tire hauler shall provide the completed manifest in a format approved by the department to the waste tire generator, or to the waste tire facility, at the time of transfer.

(2) A waste tire hauler must maintain a copy of each completed manifest or the completed manifest information in a manner approved by the department for a period of time required by the department, and shall submit to the department a legible copy of each manifest or the manifest information, in a format required by the department including, but not limited to, an electronic format, no later than sixty days after the completed waste tire transfer on a schedule determined by the department. The manifest or manifest information submitted to the department shall contain the signed acknowledgment of the waste tire facility from or to which waste or used tires were transferred.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-120.Waste tire facilities; manifests.

(A) A waste tire generator or a waste tire facility that transfers or receives waste tires from a waste hauler that was transported with a manifest pursuant to this article shall maintain copies of the manifest or manifest information in a format required by the department, and any other information the department deems necessary to track the flow of waste tires through the State, for each load of waste tires transferred or received. This information must be retained for a period of three years and must be made available to the department for review at the department's request. The copy submitted to the department shall contain the approval of each transporter and the generator or facility operator.

(B) Each waste tire generator or facility that transfers waste tires to a waste tire hauler or that receives waste tires from a waste tire hauler that were transported with a manifest pursuant to this section shall check that the information on the manifest or in the manifest information recorded by the waste tire hauler is correct at the time of transfer in a manner required by the department.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-130.Manifests; audits; electronic submission.

(A) The department shall develop and implement a system for auditing manifests submitted to the department pursuant to this article, for the purpose of enforcing this article. The department shall continuously conduct random sampling and matching of manifests submitted by any person generating waste, hauling waste, or operating waste tire facilities, to assure compliance with this section.

(B)(1) The department may require any waste tire generator, waste tire hauler, or operator of a waste tire facility who is subject to the manifest requirements of this section to record, maintain, and submit the required manifest information in an electronic format, in lieu of maintaining and submitting a paper copy of the manifest.

(2) A waste tire generator, waste tire hauler, or operator of a waste tire facility who is subject to this article may submit the electronic manifest reports to the department on a schedule determined by the department.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-140.Waste tire haulers; decals; fees.

(A) A waste tire hauler must affix to its hauling vehicle a decal displaying the waste tire hauler's registration or identification number and the decal's expiration date. The decal must be conspicuously displayed on the rear of the vehicle. The decal shall be designed and issued by the department to the waste tire haulers upon approval of applications for registration or renewal as provided in regulation. The department may charge a fee to defray the cost of the decal.

(B) A waste tire hauler transferring waste tires with an expired decal shall be subject to a delinquency penalty fee to the department of:

(1) if the waste tire hauler is delinquent less than fifteen days, ten dollars;

(2) if the waste tire hauler is delinquent by fifteen days but less than thirty days, twenty-five dollars;

(3) if the waste tire hauler is delinquent by more than thirty days but less than ninety days, fifty dollars; or

(4) if the waste tire hauler is delinquent by more than ninety days, seventy-five dollars.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-150.Data sharing.

The department and the Department of Revenue shall work collaboratively to share data regarding fee collection, waste tire hauling, and disposal practices to ensure compliance with waste tire hauling requirements.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.





SECTION 39-75-200.Unlawful to install unsafe used tires.

It is unlawful for a person to install an unsafe used tire onto a passenger car or light truck in this State.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-210."Unsafe" defined.

(A) For the purposes of this article, "unsafe" means an inspection of the exterior or inner lining of the tire reveals:

(1) tread depth is worn to two thirty-seconds of an inch or less on any area of the tire;

(2) damage exposing the reinforcing plies of the tire, including cuts, cracks, bulges, or punctures;

(3) an improper repair that includes any repair to the tire in the belt edge area, a repair to the sidewall or bead area of the tire, or a puncture repair of damage that is larger than three-eighths of an inch in size;

(4) evidence of prior use of a temporary tire sealant without evidence of a subsequent properly-performed repair;

(5) a defaced or removed United States Department of Transportation tire identification number usually located on the sidewall of the tire;

(6) inner liner or bead damage, such as a blistered liner or inner cracks; or

(7) indication of internal separation, such as bulges, carcass-to-belt, or belt-to-belt separation.

(B) A recalled tire whose sale is prohibited by federal law is also considered "unsafe" for the purposes of this article.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-220.Application of article.

The provisions of this article do not apply to:

(1) a business selling used tires for retreading;

(2) a business or individual buying and selling motor vehicles or its parts, when the tires were mounted on the motor vehicle at the time the motor vehicle was bought, unless they are also engaged in the business of installing unmounted used tires onto a passenger car or light truck; or

(3) tires intended solely for agricultural use or for off the road use.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-230.Liability for violations of this chapter.

The provisions contained in this article do not limit the liability pursuant to Chapter 73, Title 15 for businesses that sell used tires in violation of this chapter.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.

SECTION 39-75-240.Construction.

Nothing in this article may be construed to create a private cause of action for negligence per se nor may it be construed to impair, limit, or affect common law rights or other statutory theories.

HISTORY: 2025 Act No. 33 (S.171), SECTION 1, eff May 12, 2025.