S05156 Summary:

BILL NOS05156
 
SAME ASSAME AS A07820
 
SPONSORYOUNG
 
COSPNSR
 
MLTSPNSR
 
Rpld S398-d sub 6 (e), rpld & add S415-c, V & T L
 
Relates to airbag safety and repealing certain provisions thereof.
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S05156 Actions:

BILL NOS05156
 
05/03/2011REFERRED TO TRANSPORTATION
01/04/2012REFERRED TO TRANSPORTATION
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S05156 Floor Votes:

There are no votes for this bill in this legislative session.
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S05156 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5156
 
                               2011-2012 Regular Sessions
 
                    IN 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:
 
     1    Section  1.  Legislative  intent.  The  legislature  finds that airbag
     2  system fraud is a public safety concern for both consumers and the  auto
     3  insurance  industry  and  that  efforts  to address this serious risk to
     4  consumers have been piecemeal, rather than coordinate, and that  compre-
     5  hensive  coordinated  legislation  is necessary to protect consumers and
     6  insure the integrity of vehicle restraint systems.
     7    § 2. Paragraph (e) of subdivision 6 of section 398-d  of  the  vehicle
     8  and traffic law is REPEALED.
     9    §  3.  Section  415-c of the vehicle and traffic law is REPEALED and a
    10  new section 415-c is added to read as follows:
    11    § 415-c.  Sale  and  installation  of  recycled  inflatable  restraint
    12  systems;  restrictions.  1.  For  purposes of this section the following

    13  terms shall have the following meanings:
    14    (a) The term "airbag" shall mean any component of an inflatable  occu-
    15  pant restraint system that is designed in accordance with federal safety
    16  regulations  for  the  make,  model,  and  year  of  the  vehicle  to be
    17  installed, operate, and activate in a motor vehicle as specified by  the
    18  vehicle  manufacturer,  in  the  event  of  a  crash.  Airbag components
    19  include, but are not limited to sensors, controllers,  wiring,  and  the
    20  airbag itself.
    21    (b)  The  term  "light  manipulating system" means anything that would
    22  mask or cause the inaccurate indication of  the  airbag  system  status,
    23  condition, or operability.

    24    (c)  "Person" shall mean any natural person, corporation, partnership,
    25  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
 
     1    (d) "Recycled airbag" shall mean an OEM non-deployed airbag  that  has
     2  been removed from a vehicle for use in another vehicle.
     3    2. (a) No person shall: (i) install or reinstall, as part of a vehicle
     4  inflatable  occupant  restraint system, any object other than an airbag;
     5  (ii) sell or offer for sale any device with the intent that such  device

     6  will  replace  an  airbag  in  any motor vehicle if such person knows or
     7  reasonably should know that such device does  not  meet  federal  safety
     8  requirements;  (iii)  sell  or  offer  for  sale  any  device  that when
     9  installed in any motor vehicle gives the impression that a viable airbag
    10  is installed in the vehicle, including any light manipulating system; or
    11  (iv) intentionally misrepresent the presence of an airbag when one  does
    12  not exist.
    13    (b)  Any person found to have violated the provisions of this subdivi-
    14  sion shall be guilty of a misdemeanor,  and,  upon  conviction  thereof,
    15  shall  be  punished by a fine of up to two thousand five hundred dollars
    16  per violation and/or by imprisonment for up to one hundred eighty days.

    17    (c) Any person who violates the provisions of this  subdivision  whose
    18  violation results in serious bodily injury or death shall be guilty of a
    19  class D felony.
    20    3.  (a)  Any person engaged in the business of purchasing, selling, or
    21  installing recycled airbags shall maintain a manual or electronic record
    22  of the purchase, sale, or installation, which must include the identifi-
    23  cation number of the airbag; the vehicle identification  number  of  the
    24  vehicle  from  which the recycled airbag was removed; the name, address,
    25  and driver's license number or other  means  of  identification  of  the
    26  person  from  whom  the recycled airbag was purchased; and, in the event
    27  that the recycled airbag is installed, the vehicle identification number

    28  of the vehicle into which the airbag is installed.
    29    (b) No new or recycled airbag shall be sold or installed which  is  or
    30  has been subject to a specific manufacturer's or appropriate authority's
    31  notice of recall.
    32    (c) (i) In the case of a new replacement airbag, any person engaged in
    33  installing  any  airbag  shall  maintain the name and tax identification
    34  number of the supplier of the airbag and record the vehicle  identifica-
    35  tion  number  of the vehicle into which the airbag is installed, as well
    36  as the identification number of the airbag being installed.
    37    (ii) The airbag  identification  number  of  the  previously  deployed
    38  airbag being replaced shall be recorded.

    39    (iii)  Upon  any request of a law enforcement officer of this state or
    40  other authorized representative of  the  agency  charged  with  adminis-
    41  tration  of  this  section, the installer shall produce such records and
    42  permit said agent or police officer to examine them.
    43    (d) Any person who sells a recycled airbag or who installs a  recycled
    44  airbag  must  disclose to the purchaser or vehicle owner that the airbag
    45  is recycled.
    46    (e) The person who installs a new or recycled airbag shall  submit  an
    47  affidavit  to the vehicle owner or their representative stating that the
    48  replacement airbag has been properly installed.
    49    (f) All records required under this section must be maintained  for  a

    50  minimum  of  five  years  following the transaction and may be inspected
    51  during normal business hours by any police  officer,  peace  officer  or
    52  representative of the commissioner.
    53    (g) Upon request, information within a portion of such record pertain-
    54  ing  to  a  specific transaction must be provided to the insurer and the
    55  vehicle owner.

        S. 5156                             3
 
     1    (h) Persons engaged in the business of selling recycled airbags  shall
     2  comply  with  regulations  developed  by  the  commissioner  which shall
     3  include but not be limited to: (i) identification of the supplier of the
     4  unit; (ii) identification of the recipient vehicle, including VIN, year,

     5  make,  and  model; (iii) identification of the airbag module cover color
     6  and color code if available; (iv) identification of the  donor  vehicle,
     7  including  VIN,  year,  make,  and  model; (v) supplier's internal stock
     8  number or locator number;  (vi)  indication  of  source  of  interchange
     9  information,  interchange  manual/part  number,  or  OEM  info;  (vii) a
    10  supplier  certificate  indicating  that  all  the  requirements  of  the
    11  inspection  protocol have been successfully achieved and identifying the
    12  person who completed the inspection; and (viii)  a  document  containing
    13  the  vehicle  description  including the year, make, and model for which
    14  the airbag system component is required when being sold to the end-user.

    15    (i) Salvage airbags conforming to such standards shall be  accompanied
    16  by  a  certificate of conformance which shall be retained by the instal-
    17  ler.
    18    (j) Any person who fails to maintain complete and accurate records, to
    19  prepare complete and accurate documents,  to  provide  information  from
    20  such record upon request of the department or any other regulatory body,
    21  or  to properly disclose that an airbag is recycled, as required by this
    22  subdivision shall be guilty of a misdemeanor.
    23    4. (a) No person shall knowingly possess, sell, or  install  a  stolen
    24  airbag;  an  airbag  from  which the manufacturer's part number labeling
    25  and/or VIN has been removed, altered, or defaced;  or  an  airbag  taken

    26  from a stolen motor vehicle.
    27    (b)  Any  person  who  violates  this subdivision shall be guilty of a
    28  class D felony.
    29    5. Any vehicle accident report that is filed by  the  appropriate  law
    30  enforcement  agency  shall  clearly contain a notation as to whether the
    31  automobile's airbag or inflatable restraint system had been deployed  in
    32  the accident.
    33    6.  (a)  Any  person selling or trading a motor vehicle who has actual
    34  knowledge that the motor vehicle's airbag is inoperable shall notify the
    35  buyer or the person acquiring the trade, in writing, that the airbag  is
    36  inoperable.
    37    (b) A person who knowingly violates the provisions of this subdivision
    38  shall be guilty of a class A misdemeanor.

    39    The provisions of this section shall not apply to the sale or trade of
    40  a  motor  vehicle: (a) visibly containing a deployed airbag; (b) sold by
    41  an insurance company that acquired the  vehicle  in  connection  with  a
    42  claim  settlement; or (c) the sale of which is handled by a company, the
    43  primary business of which is the sale of vehicles from insurance  compa-
    44  nies and which makes no sales to end users.
    45    §  4.  If any clause, sentence, paragraph, section or part of this act
    46  shall be adjudged by any court of competent jurisdiction to  be  invalid
    47  and  after  all  further judicial review, the judgment shall not affect,
    48  impair or invalidate the remainder thereof, but shall be confined in its
    49  operation to the clause, sentence, paragraph, section or  part  of  this

    50  act  directly  involved  in  the controversy in which the judgment shall
    51  have been rendered.
    52    § 5. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law; provided, however, that any  rule  or  regu-
    54  lation  necessary  for its implementation may be immediately promulgated
    55  by the commissioner of motor vehicles.
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