Assembly Bill A8379

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8379
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  STIRPE,  SIMON,  MANKTELOW  -- read once and
   referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the sale  of
   salvaged  airbags; and to repeal certain provisions of such law relat-
   ing thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (e)  of  subdivision 6 of section 398-d of the
 vehicle and traffic law, as amended by chapter 78 of the laws  of  1998,
 is amended to read as follows:
   (e) [On and after March first, nineteen hundred ninety-nine, in] IN no
 case  shall  any  inflatable  restraint system be replaced with anything
 other than a  newly  manufactured  inflatable  restraint  system  or  [a
 salvaged  inflatable  restraint  system certified according to standards
 established by a nationally recognized testing, engineering and research
 body as provided for in subdivision two of] AN ORIGINAL  EQUIPMENT  NON-
 DEPLOYED  RECYCLED  AIRBAG  IN  COMPLIANCE  WITH  section  four  hundred
 fifteen-c of this chapter.
   § 2. Section 415-c of the vehicle and traffic law is  REPEALED  and  a
 new section 415-c is added to read as follows:
   §  415-C. SALE OF ORIGINAL EQUIPMENT NON-DEPLOYED RECYCLED AIRBAGS. 1.
 ANY RECYCLED AIRBAG OFFERED FOR  SALE  SHALL  BE  NON-DEPLOYED  ORIGINAL
 EQUIPMENT  REMOVED  FROM  A  SALVAGED  VEHICLE, AND INSTALLED IN ANOTHER
 VEHICLE FOR WHICH IT IS A CORRECT REPLACEMENT PART.
   2. A NON-DEPLOYED RECYCLED AIRBAG THAT IS UNDER AN ACTIVE MANUFACTURER
 RECALL, COMES FROM A FLOOD VEHICLE AS INDICATED ON AN  OFFICIAL  SALVAGE
 EXAMINATION  AND  TITLE APPLICATION FORM PRESCRIBED BY THE COMMISSIONER,
 OR THAT DOES NOT HAVE  AN  IDENTIFIABLE  SERIAL  NUMBER,  SHALL  NOT  BE
 OFFERED FOR SALE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03688-03-5
 A. 8379                             2
 
              

   3.  PRIOR  TO  SALE, A PROVIDER OF NON-DEPLOYED RECYCLED AIRBAGS SHALL
 CONDUCT AN INSPECTION OF SUCH AIRBAGS, WHICH SHALL INCLUDE, BUT  NOT  BE
 LIMITED TO:
   (A)  THE  VEHICLE  IDENTIFICATION NUMBER, AND AIRBAG TRIM COLOR OF THE
 VEHICLE THAT THE NON-DEPLOYED RECYCLED AIRBAG WAS REMOVED FROM; AND
   (B) A VISUAL INSPECTION OF THE AIRBAG, THE AIRBAG SYSTEM,  THE  AIRBAG
 MODULE  COVER, AND ELECTRICAL CONNECTORS, INCLUDING REVIEW FOR ANY SIGNS
 OF DAMAGE OR CONTAMINATION.
   4.  UPON THE SALE OF A  NON-DEPLOYED  RECYCLED  AIRBAG,  THE  PROVIDER
 SHALL  PROVIDE  THE  BUYER WITH A WRITTEN CERTIFICATION OF THE FOLLOWING
 INFORMATION:
   (A) THE IDENTITY OF THE PERSON  OR  ENTITY  SELLING  THE  NON-DEPLOYED
 RECYCLED AIRBAG;
   (B)  THE  VEHICLE  IDENTIFICATION  NUMBER OF THE VEHICLE RECEIVING THE
 NON-DEPLOYED RECYCLED AIRBAG;
   (C) THE VEHICLE IDENTIFICATION NUMBER OF THE VEHICLE THAT THE  NON-DE-
 PLOYED RECYCLED AIRBAG WAS REMOVED FROM;
   (D) THE SUPPLIER'S INTERNAL STOCK NUMBER FOR THE NON-DEPLOYED RECYCLED
 AIRBAG;
   (E)  THAT  THE NON-DEPLOYED RECYCLED AIRBAG IS AN APPROPRIATE PART FOR
 THE VEHICLE RECEIVING THE NON-DEPLOYED RECYCLED AIRBAG;
   (F) THAT ALL OF THE REQUIREMENTS OF THE INSPECTION  AS  PRESCRIBED  IN
 SUBDIVISION THREE OF THIS SECTION HAVE BEEN MET; AND
   (G)  THAT  THE VEHICLE IDENTIFICATION NUMBER OF THE VEHICLE FROM WHICH
 THE SALVAGED INFLATABLE RESTRAINT SYSTEM WAS TAKEN SHALL BE REFERRED  TO
 A NATIONALLY RECOGNIZED THEFT INDEX BUREAU APPROVED BY THE COMMISSIONER,
 IN  CONSULTATION  WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, FOR THE
 PURPOSES OF DETERMINING PRIOR TO SALE THAT NEITHER THE SALVAGED INFLATA-
 BLE RESTRAINT SYSTEM NOR THE MOTOR VEHICLE WERE STOLEN, AS DETERMINED AT
 THE TIME OF INQUIRY. THE SALES INVOICE SHALL  STATE  THE  DATE  AND  THE
 RESULT OF THE INQUIRY TO SUCH THEFT INDEX BUREAU.
   5.  A NON-DEPLOYED RECYCLED AIRBAG SHALL ONLY BE OFFERED FOR SALE BY A
 VEHICLE DISMANTLER THAT IS REGISTERED PURSUANT TO SECTION  FOUR  HUNDRED
 FIFTEEN-A OF THIS ARTICLE.
   6. EACH VEHICLE DISMANTLER THAT OFFERS SUCH ORIGINAL EQUIPMENT NON-DE-
 PLOYED  RECYCLED  AIRBAGS  FOR  SALE  SHALL  MAINTAIN  AN ELECTRONIC LOG
 CONTAINING ALL INFORMATION OUTLINED UNDER SUBDIVISIONS  TWO,  THREE  AND
 FOUR  OF THIS SECTION.  SUCH RECORDS SHALL BE MAINTAINED IN A MANNER AND
 FORM APPROVED BY THE COMMISSIONER.   UPON REQUEST OF  AN  AGENT  OF  THE
 COMMISSIONER  OR  OF ANY POLICE OFFICER AND DURING ITS REGULAR AND USUAL
 BUSINESS HOURS, THE VEHICLE DISMANTLER SHALL PRODUCE  SUCH  RECORDS  AND
 PERMIT SAID AGENT OR POLICE OFFICER TO EXAMINE THEM.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.