STATE OF NEW YORK
________________________________________________________________________
10245
IN ASSEMBLY
March 26, 2018
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law and the vehicle and traffic
law, in relation to requiring dealers to provide written notice that a
motor vehicle for sale is missing an airbag
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Anthony
2 Amoros law".
3 § 2. The general business law is amended by adding a new section 349-
4 e-1 to read as follows:
5 § 349-e-1. Missing airbags. 1. As used in this section:
6 (a) "Airbag" means any component of an inflatable restraint system, as
7 such term is defined in section one hundred nineteen-b of the vehicle
8 and traffic law, and that is designed for the specific make, model, and
9 year of the motor vehicle to be installed and to operate in the event of
10 a crash. Airbag components include but are not limited to the cover,
11 sensors, controllers, inflator, wiring, and the airbag itself.
12 (b) "Motor vehicle" means any used passenger car manufactured on or
13 after September first, nineteen hundred ninety-seven.
14 (c) "Dealer" means a dealer as defined in section four hundred fifteen
15 of the vehicle and traffic law.
16 2. No dealer shall knowingly sell a motor vehicle at retail without an
17 airbag unless written notice of such fact is provided to the buyer or
18 recipient. The written notice shall include a statement that acknowl-
19 edges the absence of an airbag in the motor vehicle and which airbag is
20 missing.
21 3. A dealer who violates the provisions of this section shall be guil-
22 ty of a violation punishable as provided in the penal law.
23 4. Nothing in this section shall in any way limit rights or remedies
24 which are otherwise available under law to the attorney general or any
25 other person authorized to bring an action under this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15224-01-8
A. 10245 2
1 § 3. Subparagraph (b) of paragraph 1 of subdivision (c) of section 301
2 of the vehicle and traffic law, as added by chapter 161 of the laws of
3 1996, is amended to read as follows:
4 (b) In the case of any passenger car manufactured on or after Septem-
5 ber first, nineteen hundred ninety-seven, during the course of the vehi-
6 cle safety inspection, the readiness of the inflatable restraint system,
7 by means of the readiness indicator, shall be noted on the invoice
8 supplied to the consumer. The invoice shall state that lack of read-
9 iness of the inflatable restraint system may indicate that the vehicle's
10 system is non-functional or missing. The consumer must place their
11 initials next to the statement demonstrating that they have read and
12 understood the statement. The system's lack of readiness shall not be
13 considered grounds for the vehicle to fail the safety inspection
14 provided for in subparagraph (a) of this paragraph.
15 § 4. This act shall take effect on the ninetieth day after it shall
16 have become a law.
