Creates procedures for airbag safety; repealer

Summary of specific provisions

Section one states the legislative intent to protect consumers from fraud associated with the sale of vehicles with defective and unsatisfactory airbags.

Section two repeals paragraph (e) of section 398-d of the vehicle and traffic law.

Section 3 repeals section 415-c of the vehicle and traffic law and replaces it with a new section 415-c - Sale and installation of recycled inflatable restraint systems.

Subdivision one defines the terms "airbag", "light manipulating system" and "recycled airbag". Subdivision 415-c (2) provides that no person shall install anything other than an airbag as part of an inflatable occupant restraint system, nor knowingly offer anything other than an airbag for sale or in any way misrepresent the presence of a vehicle airbag. Any person violating these provisions would be subject to 52500 per violation fine and or up to 180 days imprisonment. If a violation results in serious injury or death of an individual, the violator would be subject to a Class D. felony.

Subdivision 415-c (3) requires that anyone engaged in the business of purchasing, selling, or installing recycled airbags or new replacement airbags must maintain records for a minimum of 5 years, which include, when applicable, the vehicle identification number (vin) of the vehicle the airbag is removed from, the name address and phone number of the purchaser, the vehicle identification number of the vehicle in which the airbag is installed, the new replacement airbag supplier, the vin number of the new airbag. The bill requires that such records be made available for inspection to the enforcement agency and the police. Licensed repair shops must also submit an affidavit attesting to the correct installation of any new or used airbag. The commissioner of motor vehicles is granted authority to develop regulations to implement these standards as well as to require additional information such as identification of airbag modules, internal stock numbers, inspection certification requirements, and vehicle description requirements.

Subdivision 415-c (4) provides that anyone knowingly possessing, selling or selling a stolen airbag or an airbag whose identification has been altered shall be guilty of a misdemeanor.

Subdivision 415-c (5) requires that law enforcement reports must state whether an airbag or inflatable restraint system has been deployed in an accident.

Subdivision 415-c (6) requires any person selling or trading a vehicle which contains an airbag they know to be inoperable shall be guilty of a class A misdemeanor. Section 4 provides that if any portion of this section is deemed invalid, the rest shall remain in full force and effect.

Section 5 establishes a 180 day effective date, subject to immediate regulatory promulgation.

Justification

This bill is needed to ensure that consumers are not subject to fraudulent representations that repairs made to used vehicles, specifically airbags replacement, actually occur. The bill provides significant fines and criminal penalties for those who repair vehicles seeking to avoid the costs associated with installing a brand new airbag in a vehicle of lessened market value. Additional recordkeeping requirements ensure that the life cycle and handling of an airbag can be tracked and that safety testing and certification is documented with a responsible party. This bill would also, importantly, place the auto recycling industry on the same footing with 49 other states that currently allow the use of recycled airbags. Even though New York law allows the department of motor vehicles to allow the use of recycled airbags that are tested and certified by a third party, there has been no such third party stepping forward to provide these standards to the department. As a result, replacement of airbags which have been deployed in a vehicle accident must be replaced with brand new airbags and, in certain instances, repair shops engaged in fraud may pass off a non-functioning airbag or an airbag substitute as a new airbag. The incentive to engage in this practice can be greater when the residual value of the car is lower. All other states have instituted procedures to ensure a functioning and safe inflatable restraint system. This bill presents a uniform system and a national standard which will assist consumers by lowering insurance claims, reducing the incentive for airbag theft, and helping to ensuring the safety of the traveling public.

Finally this bill will ensure that New Yorkers who own vehicles that have ceased to be manufactured such as Saturn, Buick and Hummer will continue to be able to obtain airbags if their vehicles are damaged. Now that these vehicles will no longer be manufactured the parts for them will also cease to be manufactured.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

180 days after enactment.