§286-86 Counterfeit air bags. (a) No person shall intentionally or knowingly manufacture, import, install, reinstall, distribute, sell, or offer for sale any counterfeit supplemental restraint system component, nonfunctional air bag, or air bag that does not meet federal safety requirements as provided in title 49 Code of Federal Regulations section 571.208, with the intent that such device replace an air bag in any air-bag-required motor vehicle.
(b) No person shall intentionally or knowingly sell, offer for sale, install, or reinstall in an air-bag-required motor vehicle any device that causes the air-bag-required motor vehicle's diagnostic systems to fail to warn that:
(1) An air bag is not installed; or
(2) The air-bag-required motor vehicle is equipped with:
(A) A counterfeit supplemental restraint system component;
(B) A nonfunctional air bag; or
(C) An air bag that does not meet federal safety requirements as provided in title 49 Code of Federal Regulations section 571.208.
(c) For purposes of this section, an installation or reinstallation shall not be deemed to have occurred until the work is complete.
(d) A violation of this section is a class C felony.
(e) The remedies prescribed in this section are cumulative and in addition to any other remedies provided by law.
(f) As used in this section:
"Air bag" means an air-bag-required motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
"Air-bag-required motor vehicle" means every vehicle that is required under title 49 Code of Federal Regulations section 571.208 to have an air bag installed.
"Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component, including but not limited to an air bag, that displays a mark identical or substantially similar to the genuine mark of an air-bag-required motor vehicle manufacturer or a supplier of parts to the manufacturer of an air-bag-required motor vehicle without authorization from that manufacturer or supplier, respectively.
"Nonfunctional air bag" means a replacement air bag that meets any of the following criteria:
(1) The air bag was previously deployed or damaged;
(2) The air bag has an electric fault that is detected by the air-bag-required motor vehicle's air bag diagnostic systems when the installation procedure is completed and the air-bag-required motor vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;
(3) The air bag includes a part or object, including but not limited to a supplemental restraint system component, installed in an air-bag-required motor vehicle to mislead the owner or operator of the air-bag-required motor vehicle into believing that a functional air bag has been installed; or
(4) The air bag is subject to the prohibitions of title 49 United States Code section 30120(j).
"Supplemental restraint system" means a passive inflatable air-bag-required motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in title 49 Code of Federal Regulations section 571.208. A supplemental restraint system includes one or more air bags and all components required to ensure that an air bag works as designed by the air-bag-required motor vehicle manufacturer, including:
(1) The air bag operates in the event of a crash; and
(2) The air bag is designed in accordance with federal air-bag-required motor vehicle safety standards for the specific make, model, and year of the air-bag-required motor vehicle in which it is or will be installed. [L 2020, c 71, §2]