§ 349-E — Counterfeit and non-functional airbags

§ 349-e. Counterfeit and non-functional airbags. 1. As used in this\nsection:\n (a) "Airbag" shall mean any component of an inflatable restraint\nsystem, as such term is defined in section one hundred nineteen-b of the\nvehicle and traffic law, and that is designed for the specific make,\nmodel, and year of the motor vehicle to be installed and to operate in\nthe event of a crash. Airbag components include but are not limited to\nthe cover, sensors, controllers, inflator, wiring, and the airbag\nitself.\n (b) "Counterfeit airbag" shall mean an airbag that bears, without\nauthorization, a mark identical with, or substantially similar to, the\ngenuine mark of the manufacturer of such motor vehicle.\n (c) "Non-functional airbag" shall mean a replacement airbag that has\nbeen previously deployed or damaged, or that has an electrical fault\nthat is detected by the readiness indicator light, as such term is\ndefined in section one hundred nineteen-b of the vehicle and traffic\nlaw, after the installation procedure is completed. "Non-functional\nairbag" shall also mean any object, including a counterfeit or repaired\nairbag component installed to deceive the vehicle owner or operator into\nbelieving a functional airbag is installed.\n (d) "Person" shall mean any person, partnership, firm, corporation,\ncompany, trust, association, or any agent or employee thereof.\n 2. (a) It shall be unlawful for any person to knowingly:\n (i) make, offer to distribute or distribute, offer to sell or sell a\ncounterfeit or a non-functional airbag;\n (ii) install or reinstall a counterfeit airbag or a non-functional\nairbag in any motor vehicle, as that term is defined in section one\nhundred twenty-five of the vehicle and traffic law;\n (iii) offer to distribute or distribute, offer to sell or sell,\ninstall or reinstall a counterfeit or non-functional airbag so that the\nreadiness indicator light, as such term is defined in section one\nhundred nineteen-b of the vehicle and traffic law, falsely displays that\nthe airbag is in proper working order; or\n (iv) represent to another person that a counterfeit airbag or a\nnon-functional airbag installed or reinstalled in a motor vehicle is an\nairbag.\n (b) Any person who violates any provision of this subdivision is\nguilty of a class A misdemeanor punishable as provided for in the penal\nlaw.\n 3. Whenever there shall be a violation of this section involving\ntwenty-five or more counterfeit and/or non-functional airbags, or any\nsecond or subsequent violation of subdivision two of this section,\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violation; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this section, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In connection with any such proposed application, the attorney\ngeneral is authorized to take proof and make a determination of the\nrelevant facts and to issue subpoenas in accordance with the civil\npractice law and rules. Any person who violates this section and such\nviolation involves twenty-five or more counterfeit and/or non-functional\nairbags, or a second or subsequent violation of subdivision two of this\nsection shall be subject to a civil penalty of not more than one\nthousand dollars for each violation. No person shall be deemed to have\nviolated the provisions of this section if such person, shows, by a\npreponderance of the evidence, that the violation was not intentional\nand resulted from a bona fide error made notwithstanding the maintenance\nof procedures reasonably adopted to avoid such error.\n