No, a spare tire is not required by law in California. The Vehicle Code regulates the tires touching the road, not the one that used to live in your trunk, and roughly 60 percent of new cars now ship without a spare at all. That is perfectly legal.
What you can be ticketed for is the condition of the tires you are actually driving on. That is where the law puts its attention, and where yours should go too.
What California Actually Requires
Vehicle Code Section 27465 sets minimum tread depth by vehicle type:
- Passenger vehicles: at least 1/32 of an inch in any two adjacent grooves at any point on the tire.
- Commercial vehicles listed under Section 34500: at least 4/32 of an inch on the steering axle and 2/32 of an inch on all other axles.
- Snow tires used in place of chains: at least 6/32 of an inch in all major grooves.
These measurements cannot be taken at tie bars, humps, or fillets.1California Legislative Information. California Code VEH 27465 – Tire Tread Depth The statute even includes a carve-out permitting a spare with less than the minimum tread depth to be temporarily installed on a disabled vehicle in an emergency, which acknowledges spares exist without requiring anyone to carry one.
Vehicle Code Section 27501 separately bans using any tire on a highway that fails safety regulations adopted by the California Highway Patrol under Section 27500.2California Legislative Information. California Code VEH 27501 – Tire Safety Compliance3California Legislative Information. California Code VEH 27500 – Tire Safety Regulations Neither statute says anything about carrying a spare.
Federal Law Doesn’t Require One Either
Some drivers assume federal law fills the gap. It doesn’t. Federal Motor Vehicle Safety Standard No. 110 governs tire selection for passenger vehicles with a gross weight of 10,000 pounds or less. It sets performance requirements for any spare a manufacturer chooses to include, and it explicitly contemplates vehicles with no spare at all. When none is provided, the manufacturer simply prints “none” on the vehicle’s tire information label where the spare size would otherwise appear.4eCFR. 49 CFR 571.110 – Tire Selection and Rims for Motor Vehicles
If a manufacturer does include a spare, it has to meet the strength, endurance, and high-speed performance requirements of FMVSS No. 109.5National Highway Traffic Safety Administration. NHTSA Interpretation 77-3.16 Including one is the manufacturer’s choice. That is why so many new cars come with a tire repair kit, an inflator can, or run-flat tires instead.
Commercial Vehicles: Same Answer, Tighter Tire Rules
Commercial vehicles face stricter tire regulations, but even here California does not require a spare. The rules focus entirely on the tires already mounted.
Under 49 CFR 393.75, a commercial motor vehicle cannot be operated on any tire with exposed body ply or belt material, tread or sidewall separation, a flat or audible leak, or a cut deep enough to expose internal material. Front tires on buses, trucks, and truck tractors need at least 4/32 of an inch of tread depth; all other tires need at least 2/32 of an inch. Buses cannot use regrooved, recapped, or retreaded tires on the front wheels.6eCFR. 49 CFR 393.75 – Tires
California enforces these standards through the Basic Inspection of Terminals program, run by the CHP.7California Highway Patrol. Basic Inspection of Terminals Program A commercial vehicle with dangerously worn or defective tires can be placed out of service on the spot. The violation is for tire condition, never for the absence of a spare.
What To Do If You Get a Flat Without One
Skipping the spare is legal, but a flat still leaves you with obligations on the roadway.
Get Off the Travel Lanes
Vehicle Code Section 22400 makes it illegal to stop your vehicle on a highway in a way that blocks the normal flow of traffic, unless the stop is necessary for safe operation or required by law.8California Legislative Information. California Code VEH 22400 – Minimum Speed Laws A blowout is a safety-related stop, so pulling over with a flat is not itself a citation. But you are expected to move off the travel lanes as quickly and safely as possible. Sitting in a live lane while you figure out what to do is where trouble starts.
Warning Devices for Commercial Drivers
If your vehicle is required to carry emergency reflectors under Vehicle Code Section 25300, being disabled without a spare adds an obligation. Commercial vehicles and truck tractors must carry at least three red emergency reflectors and deploy them in specific patterns when disabled on a roadway during darkness: one within 10 feet of the vehicle, one about 100 feet to the rear, and one about 100 feet to the front. On divided highways, the pattern shifts to cover the rear at 100-foot and 200-foot distances. Lighted fusees or hazard flashers can serve as a temporary measure until the reflectors are set out.9California Legislative Information. California Code VEH 25300 – Warning Lights and Devices
Practical Options
A tire repair kit or inflator can will usually handle a nail puncture or slow leak well enough to reach a tire shop. Run-flat tires can typically be driven up to 50 miles at speeds under 50 mph after losing pressure. Anything worse means roadside assistance or a tow. Most auto insurance policies and motor clubs cover towing; without coverage, tows generally run from a flat fee of $85 to $275 plus a per-mile charge beyond the initial hookup distance.
Tickets You Can Actually Get
You will never get a ticket for not carrying a spare. You can absolutely get one for driving on bad tires.
Operating a vehicle with tread below the Section 27465 minimums is an infraction. The base fine is relatively small, but court-imposed fees and assessments push the total higher. Tread violations can qualify as correctable, meaning the ticket may be dismissed once you replace the tires and show proof of correction to the court or a law enforcement agency.
Vehicle Code Section 24002 separately makes it unlawful to operate any vehicle that is in an unsafe condition and presents an immediate safety hazard.10California Legislative Information. California Code VEH 24002 – Unsafe Vehicles A tire with visible cord showing through the rubber, a bulging sidewall, or an obvious slow leak can fall under this broader prohibition even if the tread technically measures above 1/32 of an inch.
For commercial operators, the stakes climb. A CHP inspection finding defective tires can put the vehicle out of service immediately. Federal penalties under 49 CFR 393.75 can bring fines or, for carriers with a pattern of violations, suspension of operating authority.6eCFR. 49 CFR 393.75 – Tires
Rentals and Insurance
No California law requires rental companies to provide a spare. Rental agreements typically explain your options for a flat, which usually means calling the company’s roadside assistance line or using whatever repair kit is in the vehicle. Read the agreement before driving off, because some companies charge for tire damage that a spare might have prevented.
Some drivers also believe an auto policy needs a spare to pay out. Insurance policies are contracts between you and the insurer, and their terms are not set by California’s vehicle equipment statutes. No standard auto policy conditions coverage on the presence of a spare, and most roadside assistance plans cover tire-related breakdowns whether you have a spare, a repair kit, or nothing at all.