NY State Senate Bill 2009-S8024

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2010	referred to transportation

2009-S8024 (ACTIVE) - Details

See Assembly Version of this Bill:: A10886
Current Committee:: Senate 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-S8024 (ACTIVE) - Summary

Relates to airbag safety and repealing certain provisions thereof.

2009-S8024 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8024

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 comprehensive statutory scheme to combat
airbag system fraud and protect unsuspecting consumers in NY.

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.

2009-S8024 (ACTIVE) - Bill Text download pdf

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

                                  8024

                            I N  S E N A T E

                              June 2, 2010
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

S. 8024                             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

S. 8024                             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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Senate Bill S8024

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S8024 (ACTIVE) - Details

2009-S8024 (ACTIVE) - Summary

2009-S8024 (ACTIVE) - Sponsor Memo

2009-S8024 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8024

Share this bill

Sponsored By

Darrel J. Aubertine

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S8024 (ACTIVE) - Details

2009-S8024 (ACTIVE) - Summary

2009-S8024 (ACTIVE) - Sponsor Memo

2009-S8024 (ACTIVE) - Bill Text download pdf

Comments