This text of North Dakota § 39-21-56 (Definitions - Prohibition on counterfeit and nonfunctional airbag - Penalty) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. As used in this section:
a. "Airbag" means an inflatable occupant restraint system device in a motor vehicle
which is part of a supplemental restraint system.
b. "Counterfeit supplemental restraint system component" means a replacement
supplemental restraint system component that displays a mark identical, or
substantially similar to, the genuine mark of a motor vehicle manufacturer or a
supplier of parts to the manufacturer of a motor vehicle without authorization from
that manufacturer or supplier.
c. "Nonfunctional airbag" means a replacement airbag that:
(1)Was previously deployed or damaged;
(2)Has an electric fault that is detected by the motor vehicle's airbag diagnostic
systems when the installation procedure is completed and the motor vehicle
is returned to the customer who r
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1. As used in this section:
a. "Airbag" means an inflatable occupant restraint system device in a motor vehicle
which is part of a supplemental restraint system.
b. "Counterfeit supplemental restraint system component" means a replacement
supplemental restraint system component that displays a mark identical, or
substantially similar to, the genuine mark of a motor vehicle manufacturer or a
supplier of parts to the manufacturer of a motor vehicle without authorization from
that manufacturer or supplier.
c. "Nonfunctional airbag" means a replacement airbag that:
(1) Was previously deployed or damaged;
(2) Has an electric fault that is detected by the motor vehicle's airbag diagnostic
systems when the installation procedure is completed and the motor vehicle
is returned to the customer who requested the work to be performed or
when ownership is intended to be transferred;
(3) Includes a part or object, including a supplemental restraint system
component, which is installed in a motor vehicle to mislead the owner or
operator of the motor vehicle into believing a functional airbag has been
installed; or
(4) Is subject to the prohibitions of 49 U.S.C. 30120(j).
d. "Supplemental restraint system" means a passive inflatable motor vehicle crash
protection system designed for use in conjunction with active restraint systems as
defined in title 49, Code of Federal Regulations, part 571, section 208, which
includes one or more airbags and all components required to ensure an airbag
works as designed by the motor vehicle manufacturer including:
(1) Operating as designed in the event of a crash; and
(2) Is designed in accordance with federal motor vehicle safety standards of the
specific make, model, and year of the motor vehicle in which the airbag is or
will be installed.
2. A person may not intentionally or knowingly:
a. Manufacture, import, install, reinstall, distribute, sell, or offer for sale any device
intended to replace a supplemental restraint system component in any motor
vehicle if the device is a counterfeit supplemental restraint system component,
nonfunctional airbag, or a device that does not meet the federal motor vehicle
safety standards as provided under title 49, Code of Federal Regulations,
part 571, section 208.
b. Sell, install, or reinstall in a motor vehicle, any device that causes the motor
vehicle's diagnostic systems to fail to warn when the motor vehicle is equipped
with a counterfeit supplemental restraints system component or nonfunctional
airbag, or when an airbag is not installed.
3. Subsection 2 does not prohibit a motor vehicle dealer, repair facility, manufacturer, or
other entity from taking action to collect and dispose of used or recalled supplemental
restraint system components in accordance with federal law.
4. A person that violates subsection 2 is guilty of a class A misdemeanor.