NY State Assembly Bill 2009-A10886

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 28, 2010	referred to transportation

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2009-A10886 (ACTIVE) - Details

See Senate Version of this Bill:: S8024
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §398-d sub 6 ¶(e), rpld & add §415-c, V & T L
Versions Introduced in 2011-2012 Legislative Session:: A994

2009-A10886 (ACTIVE) - Summary

Relates to airbag safety and repealing certain provisions thereof.

2009-A10886 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10886             REPLACEMENT 4/30/10

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to  airbag safety; and to repeal certain provisions of such law relating
thereto

PURPOSE OR GENERAL IDEA OF BILL: The bill seeks to impose  a  comprehen-
sive  statutory  scheme to combat airbag system fraud and protect unsus-
pecting consumers in NY.

SUMMARY OF SPECIFIC  PROVISIONS:  Section  one  states  the  legislative
intent to protect consumers from fraud associated with the sale of vehi-
cles 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  installa-
tion  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  inval-
id, 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 vehi-
cles,  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 record-
keeping requirements ensure that the  life  cycle  and  handling  of  an
airbag can be tracked and that safety testing and certification is docu-
mented  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,  r educing 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

2009-A10886 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10886

                          I N  A S S E M B L Y

                             April 28, 2010
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee 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:

  Section  1.  Legislative  intent.  The  legislature  finds that airbag
system fraud is a public safety concern for both consumers and the  auto
insurance  industry  and  that  efforts  to address this serious risk to
consumers have been piecemeal, rather than coordinate, and that  compre-
hensive  coordinated  legislation  is necessary to protect consumers and
insure the integrity of vehicle restraint systems.
  S 2. Paragraph (e) of subdivision 6 of section 398-d  of  the  vehicle
and traffic law is REPEALED.
  S  3.  Section  415-c of the vehicle and traffic law is REPEALED and a
new section 415-c is added to read as follows:
  S 415-C.  SALE  AND  INSTALLATION  OF  RECYCLED  INFLATABLE  RESTRAINT
SYSTEMS;  RESTRICTIONS.  1.  FOR  PURPOSES OF THIS SECTION THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) THE TERM "AIRBAG" SHALL MEAN ANY COMPONENT OF AN INFLATABLE  OCCU-
PANT RESTRAINT SYSTEM THAT IS DESIGNED IN ACCORDANCE WITH FEDERAL SAFETY
REGULATIONS  FOR  THE  MAKE,  MODEL,  AND  YEAR  OF  THE  VEHICLE  TO BE
INSTALLED, OPERATE, AND ACTIVATE IN A MOTOR VEHICLE AS SPECIFIED BY  THE
VEHICLE  MANUFACTURER,  IN  THE  EVENT  OF  A  CRASH.  AIRBAG COMPONENTS
INCLUDE, BUT ARE NOT LIMITED TO SENSORS, CONTROLLERS,  WIRING,  AND  THE
AIRBAG ITSELF.
  (B)  THE  TERM  "LIGHT  MANIPULATING SYSTEM" MEANS ANYTHING THAT WOULD
MASK OR CAUSE THE INACCURATE INDICATION OF  THE  AIRBAG  SYSTEM  STATUS,
CONDITION, OR OPERABILITY.
  (C)  "PERSON" SHALL MEAN ANY NATURAL PERSON, CORPORATION, PARTNERSHIP,
UNINCORPORATED ASSOCIATION, OR OTHER ENTITY.
  (D) "RECYCLED AIRBAG" SHALL MEAN AN OEM NON-DEPLOYED AIRBAG  THAT  HAS
BEEN REMOVED FROM A VEHICLE FOR USE IN ANOTHER VEHICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16853-03-0

A. 10886                            2

  2. (A) NO PERSON SHALL: (I) INSTALL OR REINSTALL, AS PART OF A VEHICLE
INFLATABLE  OCCUPANT  RESTRAINT SYSTEM, ANY OBJECT OTHER THAN AN AIRBAG;
(II) SELL OR OFFER FOR SALE ANY DEVICE WITH THE INTENT THAT SUCH  DEVICE
WILL  REPLACE  AN  AIRBAG  IN  ANY MOTOR VEHICLE IF SUCH PERSON KNOWS OR
REASONABLY  SHOULD  KNOW  THAT  SUCH DEVICE DOES NOT MEET FEDERAL SAFETY
REQUIREMENTS; (III)  SELL  OR  OFFER  FOR  SALE  ANY  DEVICE  THAT  WHEN
INSTALLED IN ANY MOTOR VEHICLE GIVES THE IMPRESSION THAT A VIABLE AIRBAG
IS INSTALLED IN THE VEHICLE, INCLUDING ANY LIGHT MANIPULATING SYSTEM; OR
(IV)  INTENTIONALLY MISREPRESENT THE PRESENCE OF AN AIRBAG WHEN ONE DOES
NOT EXIST.
  (B) ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF THIS  SUBDIVI-
SION  SHALL  BE  GUILTY  OF A MISDEMEANOR, AND, UPON CONVICTION THEREOF,
SHALL BE PUNISHED BY A FINE OF UP TO TWO THOUSAND FIVE  HUNDRED  DOLLARS
PER VIOLATION AND/OR BY IMPRISONMENT FOR UP TO ONE HUNDRED EIGHTY DAYS.
  (C)  ANY  PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION WHOSE
VIOLATION RESULTS IN SERIOUS BODILY INJURY OR DEATH SHALL BE GUILTY OF A
CLASS D FELONY.
  3. (A) ANY PERSON ENGAGED IN THE BUSINESS OF PURCHASING,  SELLING,  OR
INSTALLING RECYCLED AIRBAGS SHALL MAINTAIN A MANUAL OR ELECTRONIC RECORD
OF THE PURCHASE, SALE, OR INSTALLATION, WHICH MUST INCLUDE THE IDENTIFI-
CATION  NUMBER  OF  THE AIRBAG; THE VEHICLE IDENTIFICATION NUMBER OF THE
VEHICLE FROM WHICH THE RECYCLED AIRBAG WAS REMOVED; THE  NAME,  ADDRESS,
AND  DRIVER'S  LICENSE  NUMBER  OR  OTHER MEANS OF IDENTIFICATION OF THE
PERSON FROM WHOM THE RECYCLED AIRBAG WAS PURCHASED; AND,  IN  THE  EVENT
THAT THE RECYCLED AIRBAG IS INSTALLED, THE VEHICLE IDENTIFICATION NUMBER
OF THE VEHICLE INTO WHICH THE AIRBAG IS INSTALLED.
  (B)  NO  NEW OR RECYCLED AIRBAG SHALL BE SOLD OR INSTALLED WHICH IS OR
HAS BEEN SUBJECT TO A SPECIFIC MANUFACTURER'S OR APPROPRIATE AUTHORITY'S
NOTICE OF RECALL.
  (C) (I) IN THE CASE OF A NEW REPLACEMENT AIRBAG, ANY PERSON ENGAGED IN
INSTALLING ANY AIRBAG SHALL MAINTAIN THE  NAME  AND  TAX  IDENTIFICATION
NUMBER  OF THE SUPPLIER OF THE AIRBAG AND RECORD THE VEHICLE IDENTIFICA-
TION NUMBER OF THE VEHICLE INTO WHICH THE AIRBAG IS INSTALLED,  AS  WELL
AS THE IDENTIFICATION NUMBER OF THE AIRBAG BEING INSTALLED.
  (II)  THE  AIRBAG  IDENTIFICATION  NUMBER  OF  THE PREVIOUSLY DEPLOYED
AIRBAG BEING REPLACED SHALL BE RECORDED.
  (III) UPON ANY REQUEST OF A LAW ENFORCEMENT OFFICER OF THIS  STATE  OR
OTHER  AUTHORIZED  REPRESENTATIVE  OF  THE  AGENCY CHARGED WITH ADMINIS-
TRATION OF THIS SECTION, THE INSTALLER SHALL PRODUCE  SUCH  RECORDS  AND
PERMIT SAID AGENT OR POLICE OFFICER TO EXAMINE THEM.
  (D)  ANY PERSON WHO SELLS A RECYCLED AIRBAG OR WHO INSTALLS A RECYCLED
AIRBAG MUST DISCLOSE TO THE PURCHASER OR VEHICLE OWNER THAT  THE  AIRBAG
IS RECYCLED.
  (E)  THE  PERSON WHO INSTALLS A NEW OR RECYCLED AIRBAG SHALL SUBMIT AN
AFFIDAVIT TO THE VEHICLE OWNER OR THEIR REPRESENTATIVE STATING THAT  THE
REPLACEMENT AIRBAG HAS BEEN PROPERLY INSTALLED.
  (F)  ALL  RECORDS REQUIRED UNDER THIS SECTION MUST BE MAINTAINED FOR A
MINIMUM OF FIVE YEARS FOLLOWING THE TRANSACTION  AND  MAY  BE  INSPECTED
DURING  NORMAL  BUSINESS  HOURS  BY ANY POLICE OFFICER, PEACE OFFICER OR
REPRESENTATIVE OF THE COMMISSIONER.
  (G) UPON REQUEST, INFORMATION WITHIN A PORTION OF SUCH RECORD PERTAIN-
ING TO A SPECIFIC TRANSACTION MUST BE PROVIDED TO THE  INSURER  AND  THE
VEHICLE OWNER.
  (H)  PERSONS ENGAGED IN THE BUSINESS OF SELLING RECYCLED AIRBAGS SHALL
COMPLY WITH  REGULATIONS  DEVELOPED  BY  THE  COMMISSIONER  WHICH  SHALL
INCLUDE BUT NOT BE LIMITED TO: (I) IDENTIFICATION OF THE SUPPLIER OF THE

A. 10886                            3

UNIT; (II) IDENTIFICATION OF THE RECIPIENT VEHICLE, INCLUDING VIN, YEAR,
MAKE,  AND  MODEL; (III) IDENTIFICATION OF THE AIRBAG MODULE COVER COLOR
AND COLOR CODE IF AVAILABLE; (IV) IDENTIFICATION OF THE  DONOR  VEHICLE,
INCLUDING  VIN,  YEAR,  MAKE,  AND  MODEL; (V) SUPPLIER'S INTERNAL STOCK
NUMBER OR LOCATOR NUMBER;  (VI)  INDICATION  OF  SOURCE  OF  INTERCHANGE
INFORMATION,  INTERCHANGE  MANUAL/PART  NUMBER,  OR  OEM  INFO;  (VII) A
SUPPLIER  CERTIFICATE  INDICATING  THAT  ALL  THE  REQUIREMENTS  OF  THE
INSPECTION  PROTOCOL HAVE BEEN SUCCESSFULLY ACHIEVED AND IDENTIFYING THE
PERSON WHO COMPLETED THE INSPECTION; AND (VIII)  A  DOCUMENT  CONTAINING
THE  VEHICLE  DESCRIPTION  INCLUDING THE YEAR, MAKE, AND MODEL FOR WHICH
THE AIRBAG SYSTEM COMPONENT IS REQUIRED WHEN BEING SOLD TO THE END-USER.
  (I) SALVAGE AIRBAGS CONFORMING TO SUCH STANDARDS SHALL BE  ACCOMPANIED
BY  A  CERTIFICATE OF CONFORMANCE WHICH SHALL BE RETAINED BY THE INSTAL-
LER.
  (J) ANY PERSON WHO FAILS TO MAINTAIN COMPLETE AND ACCURATE RECORDS, TO
PREPARE COMPLETE AND ACCURATE DOCUMENTS,  TO  PROVIDE  INFORMATION  FROM
SUCH RECORD UPON REQUEST OF THE DEPARTMENT OR ANY OTHER REGULATORY BODY,
OR  TO PROPERLY DISCLOSE THAT AN AIRBAG IS RECYCLED, AS REQUIRED BY THIS
SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR.
  4. (A) NO PERSON SHALL KNOWINGLY POSSESS, SELL, OR  INSTALL  A  STOLEN
AIRBAG;  AN  AIRBAG  FROM  WHICH THE MANUFACTURER'S PART NUMBER LABELING
AND/OR VIN HAS BEEN REMOVED, ALTERED, OR DEFACED;  OR  AN  AIRBAG  TAKEN
FROM A STOLEN MOTOR VEHICLE.
  (B)  ANY  PERSON  WHO  VIOLATES  THIS SUBDIVISION SHALL BE GUILTY OF A
CLASS D FELONY.
  5. ANY VEHICLE ACCIDENT REPORT THAT IS FILED BY  THE  APPROPRIATE  LAW
ENFORCEMENT  AGENCY  SHALL  CLEARLY CONTAIN A NOTATION AS TO WHETHER THE
AUTOMOBILE'S AIRBAG OR INFLATABLE RESTRAINT SYSTEM HAD BEEN DEPLOYED  IN
THE ACCIDENT.
  6.  (A)  ANY  PERSON SELLING OR TRADING A MOTOR VEHICLE WHO HAS ACTUAL
KNOWLEDGE THAT THE MOTOR VEHICLE'S AIRBAG IS INOPERABLE SHALL NOTIFY THE
BUYER OR THE PERSON ACQUIRING THE TRADE, IN WRITING, THAT THE AIRBAG  IS
INOPERABLE.
  (B) A PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SUBDIVISION
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S  4.  If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to  be  invalid
and  after  all  further judicial review, the judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or  part  of  this
act  directly  involved  in  the controversy in which the judgment shall
have been rendered.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that any  rule  or  regu-
lation  necessary  for its implementation may be immediately promulgated
by the commissioner of motor vehicles.

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Assembly Bill A10886

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A10886 (ACTIVE) - Details

2009-A10886 (ACTIVE) - Summary

2009-A10886 (ACTIVE) - Sponsor Memo

2009-A10886 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10886

Share this bill

Sponsored By

DESTITO

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

David Koon

Joan Millman

Donna Lupardo

Ellen C. Jaffee

multi-Sponsors

James Bacalles

William Boyland

Daniel Burling

Nancy Calhoun

2009-A10886 (ACTIVE) - Details

2009-A10886 (ACTIVE) - Summary

2009-A10886 (ACTIVE) - Sponsor Memo

2009-A10886 (ACTIVE) - Bill Text download pdf

Comments