(a)No person shall knowingly:
(1)manufacture, import, distribute, offer for sale, sell, lease, transfer, install, reinstall, cause to be installed, or cause to be reinstalled a counterfeit automobile supplemental restraint system component, a nonfunctional airbag, or an object in lieu of an automobile supplement restraint system component, when the object does not comply with the requirements of 49 C.F.R. § 571.208, as amended, for the make, model, and year of a vehicle; or (2)install or reinstall as an automobile supplemental restraint system component anything that causes the diagnostic system for a motor vehicle to fail to warn the motor vehicle operator that an airbag is not installed or fail to warn the motor vehicle operator that a counterfeit automobile supplemental restraint sys
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(a) No person shall knowingly:
(1) manufacture, import, distribute, offer for sale, sell, lease, transfer, install, reinstall, cause to be installed, or cause to be reinstalled a counterfeit automobile supplemental restraint system component, a nonfunctional airbag, or an object in lieu of an automobile supplement restraint system component, when the object does not comply with the requirements of 49 C.F.R. § 571.208, as amended, for the make, model, and year of a vehicle; or
(2) install or reinstall as an automobile supplemental restraint system component anything that causes the diagnostic system for a motor vehicle to fail to warn the motor vehicle operator that an airbag is not installed or fail to warn the motor vehicle operator that a counterfeit automobile supplemental restraint system component or nonfunctional airbag is installed in the motor vehicle.
(b) A person who violates subsection (a) of this section shall be imprisoned for not more than three years or fined not more than $10,000.00, or both.
(c) A person who violates subsection (a) of this section and serious bodily injury, as defined in section 1021 of this title, or death results shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.
(d) As used in this section:
(1) “Airbag” means an inflatable restraint device for occupants of motor vehicles that is part of an automobile supplemental restraint system.
(2) “Automobile supplemental restraint system” means a passive inflatable crash protection system that a vehicle manufacturer designs to protect automobile occupants in the event of a collision in conjunction with a seat belt assembly, as defined in 49 C.F.R. § 571.209, and that consists of one or more airbags and all components required to ensure that each airbag:
(A) operates as designed in a crash; and
(B) meets federal motor vehicle safety standards for the specific make, model, and year of manufacture of the vehicle in which the airbag is installed.
(3) “Counterfeit automobile supplemental restraint system component” means a replacement component, including an airbag, for an automobile supplemental restraint system that without the authorization of a manufacturer, or a person that supplies parts to the manufacturer, displays a trademark that is identical or substantially similar to the manufacturer’s or supplier’s genuine trademark.
(4) “Install” and “reinstall” require the completion of installation work related to the automobile supplemental restraint system of a motor vehicle and either:
(A) for the motor vehicle to be returned to the owner or operator; or
(B) for the transfer of title for the motor vehicle.
(5) “Nonfunctional airbag” means a replacement airbag that:
(A) was previously deployed or damaged;
(B) has a fault that the diagnostic system for a motor vehicle detects once the airbag is installed;
(C) may not be sold or leased under 49 U.S.C. § 30120(j); or
(D) includes a counterfeit automobile supplemental restraint system component or other part or object that is installed for the purpose of misleading a motor vehicle owner or operator into believing that a functional airbag is installed.
(6) “Nonfunctional airbag” does not include an unrepaired deployed airbag or an airbag that is installed in a motor vehicle:
(A) that is a totaled motor vehicle, as defined in 23 V.S.A. § 2001(14); or
(B) for which the owner was issued a salvaged certificate of title pursuant to 23 V.S.A. § 2091 or a similar title from another state. (Added 2001, No. 122 (Adj. Sess.), § 1; amended 2023, No. 165 (Adj. Sess.), § 34, eff. July 1, 2024.)