A03606 Summary:
BILL NO | A03606A |
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SAME AS | No same as |
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SPONSOR | Maisel (MS) |
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COSPNSR | Lupardo, Gabryszak, Lavine, Brindisi, Abinanti, Giglio |
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MLTSPNSR | Brennan, Cook, Magee, Perry, Stec |
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Rpld S398-d sub 6 (e), rpld & add S415-c, V & T L | |
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Creates procedures for motor vehicle airbag safety. |
A03606 Actions:
BILL NO | A03606A | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/28/2013 | referred to transportation | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2013 | amend and recommit to transportation | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2013 | print number 3606a |
A03606 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topA03606 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3606--A 2013-2014 Regular Sessions IN ASSEMBLY January 28, 2013 ___________ Introduced by M. of A. MAISEL, LUPARDO, GABRYSZAK, LAVINE, BRINDISI, ABINANTI -- Multi-Sponsored by -- M. of A. BRENNAN, COOK, MAGEE, PERRY, STEC -- read once and referred to the Committee on Transporta- tion -- 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: 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 Paragraph (e) of subdivision 6 of section 398-d of the vehicle 8 and traffic law is REPEALED. 9 § 3. Section 415-c of the vehicle and traffic law is REPEALED and a 10 new section 415-c is added to read as follows: 11 § 415-c. Sale and installation of recycled inflatable restraint 12 systems; restrictions. 1.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 installed, 17 operate and activate in a motor vehicle as specified by the vehicle 18 manufacturer, in the event of a crash. Airbag components include, but 19 are not limited to sensors, controllers, wiring and the airbag itself. 20 (b) The term "light manipulating system" means anything that would 21 mask or cause the inaccurate indication of the airbag system status, 22 condition, or operability. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07769-06-3A. 3606--A 2 1 (c) "Person" shall mean any natural person, corporation, partnership, 2 limited liability company, unincorporated association or other entity. 3 (d) "Recycled airbag" shall mean an original equipment manufacturer's 4 non-deployed airbag that has been removed from a vehicle for use in 5 another vehicle. 6 2. (a) No person shall: (i) install or reinstall, as part of a vehicle 7 inflatable occupant restraint system, any object other than an airbag; 8 (ii) sell or offer for sale any device with the intent that such device 9 will replace an airbag in any motor vehicle if such person knows or 10 reasonably should know that such device does not meet federal safety 11 requirements; (iii) sell or offer for sale any device that when 12 installed in any motor vehicle gives the impression that a viable airbag 13 is installed in the vehicle, including any light manipulating system; or 14 (iv) intentionally misrepresent the presence of an airbag when one does 15 not exist. 16 (b) Any person found to have violated the provisions of this subdivi- 17 sion shall be guilty of a misdemeanor, and, upon conviction thereof, 18 shall be punished by a fine of up to two thousand five hundred dollars 19 per violation and/or by imprisonment for up to one hundred eighty days. 20 (c) Any person who violates the provisions of this subdivision whose 21 violation results in serious bodily injury or death shall be guilty of a 22 class D felony. 23 3. (a) Any person engaged in the business of purchasing, selling, or 24 installing recycled airbags shall maintain a manual or electronic record 25 of the purchase, sale or installation, which must include the identifi- 26 cation number of the airbag; the vehicle identification number of the 27 vehicle from which the recycled airbag was removed; and, in the event 28 that the recycled airbag is installed, the vehicle identification number 29 of the vehicle into which the airbag is installed. 30 (b) No new or recycled airbag shall be sold or installed which is or 31 has been subject to a specific manufacturer's or appropriate authority's 32 notice of recall. 33 (c) (i) In the case of a new replacement airbag, any person engaged in 34 installing any airbag shall maintain the name and tax identification 35 number of the supplier of the airbag and record the vehicle identifica- 36 tion number of the vehicle into which the airbag is installed, as well 37 as the identification number of the airbag being installed. 38 (ii) The airbag identification number of the previously deployed 39 airbag being replaced shall be recorded. 40 (iii) Upon any request of a law enforcement officer of this state or 41 other authorized representative of the agency charged with adminis- 42 tration of this section, the installer shall produce such records and 43 permit said agent or police officer to examine them. 44 (d) Any person who sells a recycled airbag shall be a registered vehi- 45 cle dismantler, pursuant to section four hundred fifteen-a of this arti- 46 cle, and must disclose to the purchaser or vehicle owner that the airbag 47 is recycled. 48 (e) The person who installs a new or recycled airbag must be a motor 49 vehicle repair shop registered pursuant to article twelve-A of this 50 chapter and shall submit an affidavit to the vehicle owner or their 51 representative stating that the replacement airbag has been properly 52 installed in accordance with recognized automotive recycling standards. 53 (f) All records required under this section must be maintained for a 54 minimum of five years following the transaction and may be inspected 55 during normal business hours by any police officer, peace officer or 56 representative of the commissioner.A. 3606--A 3 1 (g) Upon request, information within a portion of such record pertain- 2 ing to a specific transaction must be provided to the insurer and the 3 vehicle owner. 4 (h) Persons engaged in the business of selling recycled airbags shall 5 comply with regulations developed by the commissioner which shall 6 include but not be limited to: (i) identification of the supplier of the 7 unit; (ii) identification of the recipient vehicle, including vehicle 8 identification number, year, make and model; (iii) identification of the 9 airbag module cover color and color code if available; (iv) identifica- 10 tion of the donor vehicle, including vehicle identification number, 11 year, make and model; (v) supplier's internal stock number or locator 12 number; (vi) indication of source of interchange information, inter- 13 change manual/part number or original equipment manufacturer informa- 14 tion; (vii) a supplier certificate indicating that all the requirements 15 of the inspection protocol have been successfully achieved and identify- 16 ing the person who completed the inspection; and (viii) a document 17 containing the vehicle description including the year, make and model 18 for which the airbag system component is required when being sold to the 19 end-user. 20 (i) Salvage airbags conforming to such standards shall be accompanied 21 by a certificate of conformance which shall be retained by the instal- 22 ler. 23 (j) Any person who fails to maintain complete and accurate records, to 24 prepare complete and accurate documents, to provide information from 25 such record upon request of the department or any other regulatory body, 26 or to properly disclose that an airbag is recycled, as required by this 27 subdivision shall be guilty of a misdemeanor. 28 4. (a) No person shall knowingly possess, sell, or install a stolen 29 airbag; an airbag from which the manufacturer's part number labeling 30 and/or vehicle identification number has been removed, altered or 31 defaced; or an airbag taken from a stolen motor vehicle. 32 (b) Any person who violates this subdivision shall be guilty of a 33 class D felony. 34 5. Any vehicle accident report that is filed by the appropriate law 35 enforcement agency shall clearly contain a notation as to whether the 36 automobile's airbag or inflatable restraint system had been deployed in 37 the accident. 38 6. (a) Any person selling or trading a motor vehicle who has actual 39 knowledge that the motor vehicle's airbag is inoperable shall notify the 40 buyer or the person acquiring the trade, in writing, that the airbag is 41 inoperable. 42 (b) A person who knowingly violates the provisions of this subdivision 43 shall be guilty of a class A misdemeanor. 44 7. The provisions of this section shall not apply to the sale or trade 45 of a motor vehicle: (a) visibly containing a deployed airbag; (b) sold 46 by an insurance company that acquired the vehicle in connection with a 47 claim settlement; or (c) the sale of which is handled by a company, the 48 primary business of which is the sale of vehicles from insurance compa- 49 nies and which makes no sales to end users. 50 § 4. If any clause, sentence, paragraph, section or part of this act 51 shall be adjudged by any court of competent jurisdiction to be invalid 52 and after all further judicial review, the judgment shall not affect, 53 impair or invalidate the remainder thereof, but shall be confined in its 54 operation to the clause, sentence, paragraph, section or part of this 55 act directly involved in the controversy in which the judgment shall 56 have been rendered.A. 3606--A 4 1 § 5. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law; provided, however, that any rule or regu- 3 lation necessary for its implementation may be immediately promulgated 4 by the commissioner of motor vehicles.