NY State Senate Bill 2013-S3779C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to transportation
Jun 20, 2013	print number 3779c
Jun 20, 2013	amend (t) and recommit to transportation
Apr 23, 2013	print number 3779b
Apr 23, 2013	amend and recommit to transportation
Apr 16, 2013	print number 3779a
Apr 16, 2013	amend and recommit to transportation
Feb 15, 2013	referred to transportation

2013-S3779 - Details

See Assembly Version of this Bill:: A9730
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §398-d sub 6 ¶(e), amd §415-c, add §415-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5156
2015-2016: S7628, A5080
2017-2018: A443
2019-2020: A236
2021-2022: A3449

2013-S3779 - Summary

Creates procedures for motor vehicle airbag safety.

2013-S3779 - Sponsor Memo

                                BILL NUMBER:S3779

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 no
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: S.5156 (2011-2012)


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days of after enactment.

2013-S3779 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3779

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

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.
                                                           LBD07769-01-3

S. 3779                             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. 3779                             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.

2013-S3779A - Details

See Assembly Version of this Bill:: A9730
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §398-d sub 6 ¶(e), amd §415-c, add §415-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5156
2015-2016: S7628, A5080
2017-2018: A443
2019-2020: A236
2021-2022: A3449

2013-S3779A - Summary

Creates procedures for motor vehicle airbag safety.

2013-S3779A - Sponsor Memo

                                BILL NUMBER:S3779A

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 no
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 tarts for
them will also cease to be manufactured.

PRIOR LEGISLATIVE HISTORY: 2011,2012: S.5156 Referred to
Transportation

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: 180 days after enactment.

2013-S3779A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3779--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07769-02-3

S. 3779--A                          2

  (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.
  (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 SHALL BE A REGISTERED VEHICLE  DISMANTLER,  PURSUANT  TO  SECTION
FOUR  HUNDRED  FIFTEEN-A  OF  THIS  ARTICLE,  AND  MUST  DISCLOSE TO THE
PURCHASER OR VEHICLE OWNER THAT THE AIRBAG IS RECYCLED.
  (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 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.

S. 3779--A                          3

  (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  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 VEHICLE
IDENTIFICATION 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;  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 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.
  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.
  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. 3779--A                          4

  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.

co-Sponsors

2013-S3779B - Details

See Assembly Version of this Bill:: A9730
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §398-d sub 6 ¶(e), amd §415-c, add §415-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5156
2015-2016: S7628, A5080
2017-2018: A443
2019-2020: A236
2021-2022: A3449

2013-S3779B - Summary

Creates procedures for motor vehicle airbag safety.

2013-S3779B - Sponsor Memo

                                BILL NUMBER:S3779B

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 no
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: 2011,2012: S.5156 Referred to
Transportation

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: 180 days after enactment.

2013-S3779B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3779--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07769-05-3

S. 3779--B                          2

  (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.
  (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.
  (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 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.

S. 3779--B                          3

  (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  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 VEHICLE
IDENTIFICATION 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;  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 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.
  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.
  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. 3779--B                          4

  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.

co-Sponsors

2013-S3779C (ACTIVE) - Details

See Assembly Version of this Bill:: A9730
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §398-d sub 6 ¶(e), amd §415-c, add §415-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5156
2015-2016: S7628, A5080
2017-2018: A443
2019-2020: A236
2021-2022: A3449

2013-S3779C (ACTIVE) - Summary

Creates procedures for motor vehicle airbag safety.

2013-S3779C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3779C

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to airbag safety; and to repeal paragraph (e) of subdivision
6 of section 398-d of such law relating to the replacement of
inflatable restraint systems

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 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 (TIN) 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 130 day effective date, subject to immediate
regulatory promulgation.

JUSTIFICATION:

This bill is needed to ensure that consumers are no 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
or recycled airbags. Even though New York law allows the department of
motor vehicles to allow the use cf 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:

2011,2012: S.5156 Referred to Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after enactment.

2013-S3779C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3779--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced  by  Sens.  YOUNG, AVELLA, GRISANTI -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07769-09-3

S. 3779--C                          2

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
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.

S. 3779--C                          3

  (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 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,

S. 3779--C                          4

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.
  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.

Senate Bill S3779C

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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2013-S3779 - Summary

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2013-S3779A - Bill Text download pdf

co-Sponsors

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2013-S3779B - Sponsor Memo

2013-S3779B - Bill Text download pdf

co-Sponsors

2013-S3779C (ACTIVE) - Details

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2013-S3779C (ACTIVE) - Bill Text download pdf

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Senate Bill S3779C

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2013-S3779 - Details

2013-S3779 - Summary

2013-S3779 - Sponsor Memo

2013-S3779 - Bill Text download pdf

2013-S3779A - Details

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Tony Avella

Mark Grisanti

2013-S3779B - Details

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co-Sponsors

Tony Avella

Martin Malavé Dilan

Mark Grisanti

2013-S3779C (ACTIVE) - Details

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