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S07392 Summary:

BILL NOS07392B
 
SAME ASSAME AS A08379-A
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Rpld & add §415-c, amd §398-d, V & T L
 
Provides for the sale of recycled inflatable restraint systems; allows for the sale of non-deployed recycled inflatable restraint systems in New York, provided that such inflatable restraint systems meet required safety standards.
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S07392 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7392--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 14, 2025
                                       ___________
 
        Introduced  by  Sen.  COONEY -- 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 -- recommitted to the Committee on  Transpor-
          tation  in  accordance  with  Senate  Rule  6,  sec.  8  --  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 the sale  of
          recycled   inflatable   restraint   systems;  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.  Paragraph  (e)  of  subdivision 6 of section 398-d of the
     2  vehicle and traffic law, as amended by chapter 78 of the laws  of  1998,
     3  is amended to read as follows:
     4    (e) [On and after March first, nineteen hundred ninety-nine, in] In no
     5  case  shall  any  inflatable  restraint system be replaced with anything
     6  other than a  newly  manufactured  inflatable  restraint  system  or  [a
     7  salvaged  inflatable  restraint  system certified according to standards
     8  established by a nationally recognized testing, engineering and research
     9  body as provided for  in  subdivision  two  of]  a  recycled  inflatable
    10  restraint  system  in  compliance with section four hundred fifteen-c of
    11  this chapter. For purposes of this paragraph, the term "recycled inflat-
    12  able restraint system" shall have the  same  meaning  as  such  term  is
    13  defined  in  subdivision  one  of section four hundred fifteen-c of this
    14  chapter.
    15    § 2. Section 415-c of the vehicle and traffic law is  REPEALED  and  a
    16  new section 415-c is added to read as follows:
    17    §  415-c.  Sale of original equipment non-deployed recycled inflatable
    18  restraint systems. 1. For purposes of this section  the  term  "recycled
    19  inflatable  restraint  system" shall mean an inflatable restraint system
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03688-09-6

        S. 7392--B                          2
 
     1  which is non-deployed original equipment removed from a  salvaged  vehi-
     2  cle.
     3    2.  A  recycled  inflatable restraint system shall not be installed in
     4  another vehicle unless such recycled inflatable restraint  system  is  a
     5  correct  replacement  part  for  such  other vehicle and is certified in
     6  accordance with subdivision four of this section.  No recycled  inflata-
     7  ble  restraint system that is under an active manufacturer recall, comes
     8  from a flood vehicle as indicated on an official salvage examination and
     9  title application form prescribed by the commissioner, or that does  not
    10  have  an identifiable serial number, shall be sold, offered for sale, or
    11  installed in another vehicle.
    12    3. A recycled inflatable  restraint  system  shall  only  be  sold  or
    13  offered  for sale by a vehicle dismantler that is registered pursuant to
    14  section four hundred fifteen-a of this  article.  Prior  to  selling  or
    15  offering  for  sale a recycled inflatable restraint system, such vehicle
    16  dismantler shall:
    17    (a) conduct an inspection of such system, which shall include, but not
    18  be limited to:
    19    (i) The vehicle identification number and the airbag trim color of the
    20  vehicle from which the recycled inflatable restraint system was removed;
    21  and
    22    (ii) A visual inspection of the recycled inflatable restraint  system,
    23  and the module cover and electrical connectors of such recycled inflata-
    24  ble  restraint  system,  including  review  for  any  signs of damage or
    25  contamination; and
    26    (b) refer the vehicle identification number of the vehicle from  which
    27  the  recycled  inflatable  restraint  system  was  taken to a nationally
    28  recognized theft index bureau approved by the commissioner, in consulta-
    29  tion with the superintendent of financial services,  to  determine  that
    30  neither  the  recycled inflatable restraint system nor the motor vehicle
    31  from which such system was removed were stolen,  as  determined  at  the
    32  time of inquiry.
    33    4.  Upon the sale of a recycled inflatable restraint system, the vehi-
    34  cle dismantler shall provide the buyer with a written  certification  of
    35  the following information:
    36    (a)  the  identity  of  the  vehicle  dismantler  selling the recycled
    37  inflatable restraint system;
    38    (b) the vehicle identification number of  the  vehicle  receiving  the
    39  recycled inflatable restraint system;
    40    (c)  the  vehicle  identification number of the vehicle from which the
    41  recycled inflatable restraint system was removed;
    42    (d) the vehicle dismantler's internal stock number  for  the  recycled
    43  inflatable restraint system;
    44    (e)  that  the  recycled  inflatable  restraint  system  is  a correct
    45  replacement part for the  vehicle  receiving  such  recycled  inflatable
    46  restraint system;
    47    (f)  that  all  of the requirements of the inspection as prescribed in
    48  subdivision three of this section have been met; and
    49    (g) that the vehicle identification number of the vehicle  from  which
    50  the  recycled  inflatable  restraint  system was taken was referred to a
    51  nationally recognized theft index bureau approved by  the  commissioner,
    52  in  consultation  with the superintendent of financial services, for the
    53  purposes of determining prior to sale or offering for sale that  neither
    54  the  recycled  inflatable  restraint  system  nor the motor vehicle from
    55  which such system was removed were stolen, as determined at the time  of

        S. 7392--B                          3
 
     1  inquiry.  The  written certification shall state the date and the result
     2  of the inquiry to such theft index bureau.
     3    5.  Each  vehicle  dismantler  that  sells or offers for sale recycled
     4  inflatable restraint systems shall maintain an electronic log containing
     5  all information required pursuant to subdivisions two, three and four of
     6  this section.  Such records shall be maintained in  a  manner  and  form
     7  approved  by  the commissioner.  Upon request of an agent of the commis-
     8  sioner or of any police officer and during its regular and  usual  busi-
     9  ness hours, the vehicle dismantler shall produce such records and permit
    10  said agent or police officer to examine them.
    11    § 3. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.
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