Relates to airbag safety and repealing certain provisions thereof.
Sponsor: YOUNG Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law
Law: Rpld S398-d sub 6 S(e), rpld & add S415-c, V & T L
Law Section: Vehicle and Traffic Law
Law: Rpld S398-d sub 6 S(e), rpld & add S415-c, V & T L
- Jan 4, 2012: REFERRED TO TRANSPORTATION
- May 3, 2011: REFERRED TO TRANSPORTATION
BILL NUMBER:S5156 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to airbag safety; and to repeal certain provisions of such law relating thereto PURPOSE OR GENERAL IDEA OF BILL: The bill seeks to impose a comprehensive statutory scheme to combat airbag system fraud and protect unsuspecting consumers in NY. SUMMARY OF SPECIFIC PROVISIONS: Section one states the legislative intent to protect consumers from fraud associated with the sale of vehicles with defective and unsatisfactory airbags. Section two repeals paragraph (e) of section 398-d of the vehicle and traffic law. Section 3 repeals section 415-c of the vehicle and traffic law and replaces it with a new section 415-c - Sale and installation of recycled inflatable restraint systems. Subdivision one defines the terms "airbag", "light manipulating system" and "recycled airbag". subdivision 415-c (2) provides that no person shall install anything other than an airbag as part of an inflatable occupant restraint system, nor knowingly offer anything other than an airbag for sale or in any way misrepresent the presence of a vehicle airbag. Any person violating these provisions would be subject to $2500 per violation fine and or up to 180 days imprisonment. If a violation results in serious injury or death of an individual, the violator would be subject to a Class D felony. Subdivision 415-c (3) requires that anyone engaged in the business of purchasing, selling, or installing recycled airbags or new replacement airbags must maintain records for a minimum of 5 years, which include, when applicable, the vehicle identification number (vin) of the vehicle the airbag is removed from, the name address and phone number of the purchaser, the vehicle identification number of the vehicle in which the airbag is installed, the new replacement airbag supplier, the vin number of the new airbag. The bill requires that such records be made available for inspection to the enforcement agency and the police. Licensed repair shops must also submit an affidavit attesting to the correct installation of any new or used airbag. The commissioner of motor vehicles is granted authority to develop regulations to implement these standards as well as to require additional information such as identification of airbag modules; internal stock numbers, inspection certification requirements, and vehicle description requirements. Subdivision 415-c (4) provides that anyone knowingly possessing, selling or installing a stolen airbag or an airbag whose identification has been altered shall be guilty of a class D felony. Subdivision 415-c (5) requires that law enforcement reports must state whether an airbag or inflatable restraint system has been deployed in an accident. Subdivision 415-c (6) requires any person selling or trading a vehicle which contains an airbag they know to be inoperable to notify the buyer or person acquiring the trade in writing that the airbag is inoperable. A seller who fails to give notice shall be guilty of a class A misdemeanor. The provisions of this section shall not apply to the sale or trade of a motor vehicle with a visibly deployed airbag, vehicles sold by an insurance company that acquired the vehicle in connection with a claim settlement, or if the sale is handled by a company that sells vehicles from insurance companies and which makes no sale to end users. Section 4 provides that if any portion of this section is deemed invalid, the rest shall remain in full force and effect. Section 5 establishes a 180 day effective date, subject to immediate regulatory promulgation. JUSTIFICATION: This bill is needed to ensure that consumers are not subject to fraudulent representations that repairs made to used vehicles, specifically airbags replacement, actually occur. The bill provides significant fines and criminal penalties for those who repair vehicles seeking to avoid the costs associated with installing a brand new airbag in a vehicle of lessened market value. Additional recordkeeping requirements ensure that the life cycle and handling of an airbag can be tracked and that safety testing and certification is documented with a responsible party. This bill would also, importantly, place the auto recycling industry on the same footing with 49 other states that currently allow the use of recycled airbags. Even though New York law allows the department of motor vehicles to allow the use of recycled airbags that are tested and certified by a third party, there has been no such third party stepping forward to provide these standards to the department. As a result, replacement of airbags which have been deployed in a vehicle accident must be replaced with brand new airbags and, in certain instances, repair shops engaged in fraud may pass off a non-functioning airbag or an airbag substitute as a new airbag. The incentive to engage in this practice can be greater when the residual value of the car is lower. All other states have instituted procedures to ensure a functioning and safe inflatable restraint system. This bill presents a uniform system and a national standard which will assist consumers by lowering insurance claims, reducing the incentive for airbag theft, and helping to ensuring the safety of the traveling public. Finally,this bill will ensure that New Yorkers who own vehicles that have ceased to be manufactured such as Saturn, Buick and Hummer will continue to be able to obtain airbags if their vehicles are damaged. Now that these vehicles will no longer be manufactured the parts for them will also cease to be manufactured. PRIOR LEGISLATIVE HISTORY: 2010: S.8024 - Referred to Transportation Committee EFFECTIVE DATE: 180 days after enactment.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5156 2011-2012 Regular Sessions I N SENATE May 3, 2011 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to airbag safe- ty; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that airbag system fraud is a public safety concern for both consumers and the auto insurance industry and that efforts to address this serious risk to consumers have been piecemeal, rather than coordinate, and that compre- hensive coordinated legislation is necessary to protect consumers and insure the integrity of vehicle restraint systems. S 2. Paragraph (e) of subdivision 6 of section 398-d of the vehicle and traffic law is REPEALED. S 3. Section 415-c of the vehicle and traffic law is REPEALED and a new section 415-c is added to read as follows:
S 415-C. SALE AND INSTALLATION OF RECYCLED INFLATABLE RESTRAINT SYSTEMS; RESTRICTIONS. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) THE TERM "AIRBAG" SHALL MEAN ANY COMPONENT OF AN INFLATABLE OCCU- PANT RESTRAINT SYSTEM THAT IS DESIGNED IN ACCORDANCE WITH FEDERAL SAFETY REGULATIONS FOR THE MAKE, MODEL, AND YEAR OF THE VEHICLE TO BE INSTALLED, OPERATE, AND ACTIVATE IN A MOTOR VEHICLE AS SPECIFIED BY THE VEHICLE MANUFACTURER, IN THE EVENT OF A CRASH. AIRBAG COMPONENTS INCLUDE, BUT ARE NOT LIMITED TO SENSORS, CONTROLLERS, WIRING, AND THE AIRBAG ITSELF. (B) THE TERM "LIGHT MANIPULATING SYSTEM" MEANS ANYTHING THAT WOULD MASK OR CAUSE THE INACCURATE INDICATION OF THE AIRBAG SYSTEM STATUS, CONDITION, OR OPERABILITY. (C) "PERSON" SHALL MEAN ANY NATURAL PERSON, CORPORATION, PARTNERSHIP, UNINCORPORATED ASSOCIATION, OR OTHER ENTITY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01855-03-1 S. 5156 2 (D) "RECYCLED AIRBAG" SHALL MEAN AN OEM NON-DEPLOYED AIRBAG THAT HAS BEEN REMOVED FROM A VEHICLE FOR USE IN ANOTHER VEHICLE. 2. (A) NO PERSON SHALL: (I) INSTALL OR REINSTALL, AS PART OF A VEHICLE INFLATABLE OCCUPANT RESTRAINT SYSTEM, ANY OBJECT OTHER THAN AN AIRBAG; (II) SELL OR OFFER FOR SALE ANY DEVICE WITH THE INTENT THAT SUCH DEVICE WILL REPLACE AN AIRBAG IN ANY MOTOR VEHICLE IF SUCH PERSON KNOWS OR REASONABLY SHOULD KNOW THAT SUCH DEVICE DOES NOT MEET FEDERAL SAFETY REQUIREMENTS; (III) SELL OR OFFER FOR SALE ANY DEVICE THAT WHEN INSTALLED IN ANY MOTOR VEHICLE GIVES THE IMPRESSION THAT A VIABLE AIRBAG IS INSTALLED IN THE VEHICLE, INCLUDING ANY LIGHT MANIPULATING SYSTEM; OR (IV) INTENTIONALLY MISREPRESENT THE PRESENCE OF AN AIRBAG WHEN ONE DOES NOT EXIST. (B) ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF THIS SUBDIVI- SION SHALL BE GUILTY OF A MISDEMEANOR, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS PER VIOLATION AND/OR BY IMPRISONMENT FOR UP TO ONE HUNDRED EIGHTY DAYS. (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION WHOSE VIOLATION RESULTS IN SERIOUS BODILY INJURY OR DEATH SHALL BE GUILTY OF A CLASS D FELONY. 3. (A) ANY PERSON ENGAGED IN THE BUSINESS OF PURCHASING, SELLING, OR INSTALLING RECYCLED AIRBAGS SHALL MAINTAIN A MANUAL OR ELECTRONIC RECORD OF THE PURCHASE, SALE, OR INSTALLATION, WHICH MUST INCLUDE THE IDENTIFI- CATION NUMBER OF THE AIRBAG; THE VEHICLE IDENTIFICATION NUMBER OF THE VEHICLE FROM WHICH THE RECYCLED AIRBAG WAS REMOVED; THE NAME, ADDRESS, AND DRIVER'S LICENSE NUMBER OR OTHER MEANS OF IDENTIFICATION OF THE PERSON FROM WHOM THE RECYCLED AIRBAG WAS PURCHASED; AND, IN THE EVENT THAT THE RECYCLED AIRBAG IS INSTALLED, THE VEHICLE IDENTIFICATION NUMBER OF THE VEHICLE INTO WHICH THE AIRBAG IS INSTALLED. (B) NO NEW OR RECYCLED AIRBAG SHALL BE SOLD OR INSTALLED WHICH IS OR HAS BEEN SUBJECT TO A SPECIFIC MANUFACTURER'S OR APPROPRIATE AUTHORITY'S NOTICE OF RECALL. (C) (I) IN THE CASE OF A NEW REPLACEMENT AIRBAG, ANY PERSON ENGAGED IN INSTALLING ANY AIRBAG SHALL MAINTAIN THE NAME AND TAX IDENTIFICATION NUMBER OF THE SUPPLIER OF THE AIRBAG AND RECORD THE VEHICLE IDENTIFICA- TION NUMBER OF THE VEHICLE INTO WHICH THE AIRBAG IS INSTALLED, AS WELL AS THE IDENTIFICATION NUMBER OF THE AIRBAG BEING INSTALLED. (II) THE AIRBAG IDENTIFICATION NUMBER OF THE PREVIOUSLY DEPLOYED AIRBAG BEING REPLACED SHALL BE RECORDED. (III) UPON ANY REQUEST OF A LAW ENFORCEMENT OFFICER OF THIS STATE OR OTHER AUTHORIZED REPRESENTATIVE OF THE AGENCY CHARGED WITH ADMINIS- TRATION OF THIS SECTION, THE INSTALLER SHALL PRODUCE SUCH RECORDS AND PERMIT SAID AGENT OR POLICE OFFICER TO EXAMINE THEM. (D) ANY PERSON WHO SELLS A RECYCLED AIRBAG OR WHO INSTALLS A RECYCLED AIRBAG MUST DISCLOSE TO THE PURCHASER OR VEHICLE OWNER THAT THE AIRBAG IS RECYCLED. (E) THE PERSON WHO INSTALLS A NEW OR RECYCLED AIRBAG SHALL SUBMIT AN AFFIDAVIT TO THE VEHICLE OWNER OR THEIR REPRESENTATIVE STATING THAT THE REPLACEMENT AIRBAG HAS BEEN PROPERLY INSTALLED. (F) ALL RECORDS REQUIRED UNDER THIS SECTION MUST BE MAINTAINED FOR A MINIMUM OF FIVE YEARS FOLLOWING THE TRANSACTION AND MAY BE INSPECTED DURING NORMAL BUSINESS HOURS BY ANY POLICE OFFICER, PEACE OFFICER OR REPRESENTATIVE OF THE COMMISSIONER. (G) UPON REQUEST, INFORMATION WITHIN A PORTION OF SUCH RECORD PERTAIN- ING TO A SPECIFIC TRANSACTION MUST BE PROVIDED TO THE INSURER AND THE VEHICLE OWNER. S. 5156 3 (H) PERSONS ENGAGED IN THE BUSINESS OF SELLING RECYCLED AIRBAGS SHALL COMPLY WITH REGULATIONS DEVELOPED BY THE COMMISSIONER WHICH SHALL INCLUDE BUT NOT BE LIMITED TO: (I) IDENTIFICATION OF THE SUPPLIER OF THE UNIT; (II) IDENTIFICATION OF THE RECIPIENT VEHICLE, INCLUDING VIN, YEAR, MAKE, AND MODEL; (III) IDENTIFICATION OF THE AIRBAG MODULE COVER COLOR AND COLOR CODE IF AVAILABLE; (IV) IDENTIFICATION OF THE DONOR VEHICLE, INCLUDING VIN, YEAR, MAKE, AND MODEL; (V) SUPPLIER'S INTERNAL STOCK NUMBER OR LOCATOR NUMBER; (VI) INDICATION OF SOURCE OF INTERCHANGE INFORMATION, INTERCHANGE MANUAL/PART NUMBER, OR OEM INFO; (VII) A SUPPLIER CERTIFICATE INDICATING THAT ALL THE REQUIREMENTS OF THE INSPECTION PROTOCOL HAVE BEEN SUCCESSFULLY ACHIEVED AND IDENTIFYING THE PERSON WHO COMPLETED THE INSPECTION; AND (VIII) A DOCUMENT CONTAINING THE VEHICLE DESCRIPTION INCLUDING THE YEAR, MAKE, AND MODEL FOR WHICH THE AIRBAG SYSTEM COMPONENT IS REQUIRED WHEN BEING SOLD TO THE END-USER. (I) SALVAGE AIRBAGS CONFORMING TO SUCH STANDARDS SHALL BE ACCOMPANIED BY A CERTIFICATE OF CONFORMANCE WHICH SHALL BE RETAINED BY THE INSTAL- LER. (J) ANY PERSON WHO FAILS TO MAINTAIN COMPLETE AND ACCURATE RECORDS, TO PREPARE COMPLETE AND ACCURATE DOCUMENTS, TO PROVIDE INFORMATION FROM SUCH RECORD UPON REQUEST OF THE DEPARTMENT OR ANY OTHER REGULATORY BODY, OR TO PROPERLY DISCLOSE THAT AN AIRBAG IS RECYCLED, AS REQUIRED BY THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR. 4. (A) NO PERSON SHALL KNOWINGLY POSSESS, SELL, OR INSTALL A STOLEN AIRBAG; AN AIRBAG FROM WHICH THE MANUFACTURER'S PART NUMBER LABELING AND/OR VIN HAS BEEN REMOVED, ALTERED, OR DEFACED; OR AN AIRBAG TAKEN FROM A STOLEN MOTOR VEHICLE. (B) ANY PERSON WHO VIOLATES THIS SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY. 5. ANY VEHICLE ACCIDENT REPORT THAT IS FILED BY THE APPROPRIATE LAW ENFORCEMENT AGENCY SHALL CLEARLY CONTAIN A NOTATION AS TO WHETHER THE AUTOMOBILE'S AIRBAG OR INFLATABLE RESTRAINT SYSTEM HAD BEEN DEPLOYED IN THE ACCIDENT. 6. (A) ANY PERSON SELLING OR TRADING A MOTOR VEHICLE WHO HAS ACTUAL KNOWLEDGE THAT THE MOTOR VEHICLE'S AIRBAG IS INOPERABLE SHALL NOTIFY THE BUYER OR THE PERSON ACQUIRING THE TRADE, IN WRITING, THAT THE AIRBAG IS INOPERABLE. (B) A PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SALE OR TRADE OF A MOTOR VEHICLE: (A) VISIBLY CONTAINING A DEPLOYED AIRBAG; (B) SOLD BY AN INSURANCE COMPANY THAT ACQUIRED THE VEHICLE IN CONNECTION WITH A CLAIM SETTLEMENT; OR (C) THE SALE OF WHICH IS HANDLED BY A COMPANY, THE PRIMARY BUSINESS OF WHICH IS THE SALE OF VEHICLES FROM INSURANCE COMPA- NIES AND WHICH MAKES NO SALES TO END USERS. S 4. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that any rule or regu- lation necessary for its implementation may be immediately promulgated by the commissioner of motor vehicles.