S T A T E O F N E W Y O R K
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1839
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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Introduced by M. of A. DINOWITZ, SCHIMMINGER, GREENE, PAULIN, COLTON --
Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BARRA, BRENNAN,
CANESTRARI, ENGLEBRIGHT, HOYT, JOHN, McENENY, McKEVITT, WALKER -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to unlawfully dealing with inflatable restraint systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 270.40 to
read as follows:
S 270.40 UNLAWFULLY DEALING WITH INFLATABLE RESTRAINT SYSTEMS.
1. "INFLATABLE RESTRAINT SYSTEM" MEANS A DEVICE USED OR INTENDED FOR
USE IN A MOTOR VEHICLE TO PROTECT THE SAFETY OF VEHICLE OCCUPANTS BY
INFLATING UPON THE OCCURRENCE OF AN IMPACT OF THE VEHICLE WITH ANOTHER
OBJECT. "DISTRIBUTION OR SALE" OF A PREVIOUSLY DEPLOYED INFLATABLE
RESTRAINT SYSTEM SHALL NOT BE DEEMED TO INCLUDE A TRANSFER THEREOF MADE
FOR PURPOSES OF DISPOSAL.
2.(A) ANY PERSON WHO KNOWINGLY INSTALLS, REINSTALLS, DISTRIBUTES, OR
SELLS ANY PREVIOUSLY DEPLOYED INFLATABLE RESTRAINT SYSTEM IS GUILTY OF A
CLASS A MISDEMEANOR.
(B) (1) ANY PERSON WHO KNOWINGLY INSTALLS A COVER OVER A MISSING
INFLATABLE RESTRAINT SYSTEM ANYWHERE IN A MOTOR VEHICLE WITHOUT GIVING
THE OWNER OF THE MOTOR VEHICLE NOTICE ON THE REPAIR INVOICE IN WRITING
OF SUCH MISSING INFLATABLE RESTRAINT SYSTEM IS GUILTY OF A CLASS A
MISDEMEANOR. SUCH NOTICE SHALL BE IN A FORM PRESCRIBED BY THE COMMIS-
SIONER OF MOTOR VEHICLES AND SHALL BE IN AT LEAST TEN POINT ALL CAPITAL
TYPE, AND SHALL CLEARLY STATE: "NO AIR BAG INSTALLED" OR "NO AIR BAGS
INSTALLED", AND SHALL CLEARLY INDICATE EXACTLY WHERE THE INFLATABLE
RESTRAINT SYSTEM IS DESIGNED TO BE LOCATED IN THE VEHICLE.
(2) ANY PERSON WHO KNOWINGLY SELLS, RESELLS, TRANSFERS, GIVES, OR
TRADES A MOTOR VEHICLE WITH A MISSING INFLATABLE RESTRAINT SYSTEM WITH-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02748-01-9
A. 1839 2
OUT GIVING THE PERSON TO WHOM THE MOTOR VEHICLE IS SOLD, RESOLD, TRANS-
FERRED, GIVEN, OR TRADED NOTICE THEREOF IN WRITING IS GUILTY OF A CLASS
A MISDEMEANOR. SUCH NOTICE SHALL BE IN A FORM PRESCRIBED BY THE COMMIS-
SIONER OF MOTOR VEHICLES AND SHALL BE IN AT LEAST TEN POINT ALL CAPITAL
TYPE, AND SHALL CLEARLY STATE: "NO AIR BAG INSTALLED" OR "NO AIR BAGS
INSTALLED", AND SHALL CLEARLY INDICATE EXACTLY WHERE THE INFLATABLE
RESTRAINT SYSTEM IS DESIGNED TO BE LOCATED IN THE VEHICLE.
(C) ANY PERSON WHO KNOWINGLY INSTALLS ANY DEVICE, MECHANISM, PART,
APPARATUS, OR CONTRIVANCE WHICH OVERRIDES THE READINESS INDICATOR LIGHT
FOR AN INFLATABLE RESTRAINT SYSTEM, AS DEFINED IN SECTION ONE HUNDRED
NINETEEN-B OF THE VEHICLE AND TRAFFIC LAW, IS GUILTY OF A CLASS A MISDE-
MEANOR.
S 2. Subdivision 1 of section 417-a of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) UPON THE SALE OR TRANSFER OF TITLE BY A DEALER OF ANY PASSENGER
MOTOR VEHICLE THAT THE DEALER KNOWS OR HAS REASON TO KNOW IS NOT
EQUIPPED WITH AN INFLATABLE RESTRAINT SYSTEM, THE DEALER SHALL EXECUTE
AND DELIVER TO THE BUYER AN INSTRUMENT IN WRITING IN A FORM PRESCRIBED
BY THE COMMISSIONER SETTING FORTH THE FOLLOWING INFORMATION IN TEN POINT
ALL CAPITAL TYPE: "IMPORTANT: THIS VEHICLE IS NOT EQUIPPED WITH AN
AIRBAG." SUCH NOTICE SHALL FURTHER INDICATE EXACTLY WHERE THE INFLATABLE
RESTRAINT SYSTEM IS DESIGNED TO BE LOCATED IN THE VEHICLE.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.