S T A T E O F N E W Y O R K
________________________________________________________________________
9730
I N A S S E M B L Y
May 20, 2014
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to airbag safe-
ty; and to repeal paragraph (e) of subdivision 6 of section 398-d of
such law relating to the replacement of inflatable restraint systems
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and traffic law is REPEALED.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, as added by chapter
161 of the laws of 1996, subdivision 2 as amended by chapter 78 of the
laws of 1998, and subdivisions 1 and 2 as further amended by section 104
of part A of chapter 62 of the laws of 2011, is amended to read as
follows:
S 415-c. [Sale] TRACKING of salvaged inflatable restraint systems[;
restrictions. 1]. On and after January first, nineteen hundred ninety-
seven, prior to offering any salvaged inflatable restraint system for
sale, such salvaged inflatable restraint system part [indentification]
IDENTIFICATION number and the vehicle identification number of the vehi-
cle from which the salvaged inflatable restraint system was taken, shall
be referred to a nationally recognized theft index bureau approved by
the commissioner, in consultation with the superintendent of financial
services, for the purposes of determining prior to sale that neither the
salvaged inflatable restraint system nor the motor vehicle [were] WAS
stolen, as determined at the time of inquiry. The sales invoice shall
state the date and the result of the inquiry to such theft index bureau.
[2. On and after March first, nineteen hundred ninety-nine, prior to
offering any salvaged inflatable restraint system for sale such salvaged
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07769-11-4
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inflatable restraint system shall be certified according to standards
established by a nationally recognized testing, engineering and research
body approved by the commissioner in consultation with the superinten-
dent of financial services.]
S 4. The vehicle and traffic law is amended by adding a new section
415-d to read as follows:
S 415-D. 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
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,
LIMITED LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR OTHER ENTITY.
(D) "RECYCLED AIRBAG" SHALL MEAN AN ORIGINAL EQUIPMENT MANUFACTURER'S
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; 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.
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(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 SHALL BE A REGISTERED VEHI-
CLE DISMANTLER, PURSUANT TO SECTION FOUR HUNDRED FIFTEEN-A OF THIS ARTI-
CLE, AND MUST DISCLOSE TO THE PURCHASER OR VEHICLE OWNER THAT THE AIRBAG
IS RECYCLED AND HAS BEEN INSPECTED IN ACCORDANCE WITH RECOGNIZED AUTOMO-
TIVE RECYCLING STANDARDS.
(E) THE PERSON WHO INSTALLS A NEW OR RECYCLED AIRBAG MUST BE A MOTOR
VEHICLE REPAIR SHOP REGISTERED PURSUANT TO ARTICLE TWELVE-A OF THIS
CHAPTER AND SHALL SUBMIT AN AFFIDAVIT TO THE VEHICLE OWNER OR THEIR
REPRESENTATIVE STATING THAT THE REPLACEMENT AIRBAG HAS BEEN PROPERLY
INSTALLED. RECYCLED AIRBAGS SHALL BE INSTALLED IN ACCORDANCE WITH
RECOGNIZED AUTOMOTIVE RECYCLING STANDARDS.
(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.
(H) PERSONS ENGAGED IN THE BUSINESS OF SELLING RECYCLED AIRBAGS SHALL
COMPLY WITH ALL APPLICABLE TERMS OF A PROTOCOL ESTABLISHED BY A NATIONAL
CERTIFYING ENTITY. SUCH PROTOCOL SHALL BE APPROVED BY THE COMMISSIONER
WHICH SHALL INCLUDE: (I) IDENTIFICATION OF THE SUPPLIER OF THE UNIT;
(II) IDENTIFICATION OF THE RECIPIENT VEHICLE, INCLUDING VEHICLE IDEN-
TIFICATION NUMBER, YEAR, MAKE AND MODEL; (III) IDENTIFICATION OF THE
AIRBAG MODULE COVER COLOR AND COLOR CODE IF AVAILABLE; (IV) IDENTIFICA-
TION OF THE DONOR VEHICLE, INCLUDING VEHICLE IDENTIFICATION NUMBER,
YEAR, MAKE AND MODEL; (V) SUPPLIER'S INTERNAL STOCK NUMBER OR LOCATOR
NUMBER; (VI) INDICATION OF SOURCE OF INTERCHANGE INFORMATION, INTER-
CHANGE MANUAL/PART NUMBER OR ORIGINAL EQUIPMENT MANUFACTURER INFORMA-
TION; (VII) A SUPPLIER CERTIFICATE INDICATING THAT ALL THE REQUIREMENTS
OF THE INSPECTION PROTOCOL HAVE BEEN SUCCESSFULLY ACHIEVED AND IDENTIFY-
ING THE PERSON WHO COMPLETED THE INSPECTION; (VIII) A DOCUMENT CONTAIN-
ING THE VEHICLE DESCRIPTION INCLUDING THE YEAR, MAKE AND MODEL FOR WHICH
THE AIRBAG SYSTEM COMPONENT IS REQUIRED WHEN BEING SOLD TO THE END-USER;
AND (IX) ALL OTHER APPLICABLE REQUIREMENTS SET FORTH IN SUCH PROTOCOL.
(I) RECYCLED 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 VEHICLE IDENTIFICATION NUMBER 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.
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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.
7. 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.
8. IN ADDITION TO ANY REQUIREMENT SET FORTH IN THIS SECTION, ANY
PERSON WHO REMOVES, STORES, TRANSPORTS OR INSTALLS A RECYCLED AIRBAG,
SHALL DO SO IN ACCORDANCE WITH THE APPLICABLE TERMS OF A PROTOCOL ESTAB-
LISHED BY A NATIONAL CERTIFYING ENTITY. SUCH PROTOCOL SHALL BE APPROVED
BY THE COMMISSIONER IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL
SERVICES.
S 5. 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 6. 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.