Chapter 319
2010 -- S 2514 AS AMENDED
Enacted 09/15/10
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES -- AUTOMOBILE AIRBAG FRAUD PREVENTION ACT
Introduced By: Senators Miller, and Bates
Date
Introduced: February 11, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Title 31 of the General Laws entitled “MOTOR AND
OTHER
VEHICLES” is hereby amended
by adding thereto the following chapter:
CHAPTER
53
THE
2010 AUTOMOBILE AIRBAG FRAUD PREVENTION ACT
31-53-1.
Short Title. -- This chapter shall be known and
may be cited as "The
Automobile Airbag Fraud
Prevention Act of 2010."
31-53-2.
Purpose. -- Airbag system fraud is a public
safety concern for consumers and
the automobile insurance system. Efforts to combat this problem,
one that could place innocent
consumers at-risk of serious bodily injuries, have been
piecemeal. This chapter is intended to
address the issue in a coordinated way. It is through this
collective effort that consumers will be
protected and the integrity of the restraint system assured.
31-53-3.
Definitions. -- As used in this chapter, the
following words and phrases shall
have the following meanings unless the context clearly
indicates otherwise:
(1) “Airbag” means
any component of an inflatable occupant restraint system that is
designed in accordance with federal safety regulations for the
make, model, and year of the motor
vehicle to be installed and to operate in a motor vehicle to
activate, 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.
(2) “Light
manipulating system” means anything that would mask or cause the inaccurate
indication of the airbag system status, condition, or
operability.
(3) “Person” means
any natural person, corporation, partnership, unincorporated
association, or other entity.
(4) “Salvaged airbag”
means an original equipment manufacturer ("OEM") non-deployed
airbag that has been removed from a motor vehicle for use in
another vehicle.
31-53-4.
Installation or reinstallation of any false airbag; deceptive trade practices;
criminal liability. --
(a) It is a deceptive
trade practice, in violation of chapter 6-13.1, “Deceptive Trade
Practices,” whenever:
(1) A person installs
or reinstalls, as part of a vehicle inflatable occupant restraint system,
any object in lieu of an airbag, including any light
manipulating system;
(2) A person sells or
offers 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;
(3) A person sells or
offers for sale any device that when installed in any motor vehicle
gives the impression that a viable airbag is installed in
that vehicle, including any light
manipulating system; and/or
(4) Any person intentionally
misrepresents the presence of an airbag when one does not
exist.
(b) Failure to
comply with the provisions of this chapter shall constitute an unfair
method of competition and an unfair or deceptive act or
practice under chapter 13.1 of this title,
entitled "Deceptive Trade Practices", and
the penalties and remedies provided in that chapter shall
apply against any individual, corporation, or partnership
violating any provision of this chapter.
(c) Any person who
violates this section is also guilty of a felony and, upon conviction
thereof, shall be punished by a fine of not less than one
thousand dollars ($1,000) and not more
than two thousand dollars ($2,000) per violation, or
imprisonment for a period of not more than
two (2) years, per violation, or both.
(d) A person whose
violation of subsection (a) of this section results in serious bodily
injury or death shall be imprisoned for a period of not more
than ten (10) years or fined not more
than one hundred thousand dollars ($100,000), or both, per
violation.
31-53-5.
Airbag antitheft. – (a) Purchase, sale, or
installation of new or salvaged airbag
-- records. --
(1) Any person
engaged in the business of purchasing, selling, or installing salvaged
airbags shall maintain a manual and/or electronic record of
the purchase, sale, or installation,
which shall include the identification number of the
airbag; the vehicle identification number of
the motor vehicle from which the salvaged airbag was
removed; the name, address, and driver’s
license number or other means of identification of the person
from whom the salvaged airbag
was purchased; and, in the event that the salvaged airbag
is installed, the vehicle identification
number of the vehicle into which the airbag is installed. No
new or salvaged airbag shall be sold
or installed which is or has been subject to a specific
manufacturer’s or appropriate authority’s
notice of recall.
(2) 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 identification number of the vehicle into which the airbag
is installed, as well as the
identification number of the airbag being installed. Additionally,
the airbag identification of the
previously deployed airbag being replaced shall be recorded.
Upon request of any law
enforcement officer of this state or other authorized
representative of the agency charged with
administration of this section, the installer shall produce such
records and permit said agent or
police officer to examine them.
(3) Nothing in this
provision shall be interpreted to limit the ability of a person to install a
new OEM or salvage replacement airbag.
(4) Any person who
sells a salvaged airbag or who installs a salvaged airbag must
disclose to the purchaser and vehicle owner that the airbag is
salvaged.
(5) The person who
installs a new or salvaged airbag shall submit an affidavit to the
vehicle owner or their representative stating that the
replacement airbag had been properly
installed.
(6) All records must
be maintained for not less than five (5) years following the
transaction, and may be inspected during normal business hours by
any law enforcement officer
of this state or other authorized representative of the
agency charged with administration of this
chapter.
(7) Upon request,
information within a portion of such record pertaining to a specific
transaction must be provided to the insurer and the vehicle
owner.
(8) Persons engaged
in the business of selling salvaged airbags shall comply with
regulations developed by the administrator of the division of
motor vehicles.
(9) State rules
regarding the sale of salvaged airbags shall include, but not be limited to,
the following standards:
(i)
Identification of the supplier of the 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 (i.e. interchange
manual/part number,
OEM information, etc.);
(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.
(10) Salvaged airbags
conforming to such standards shall be accompanied by a
certificate of conformance that shall be retained by the
installer.
(b) Prohibition
- penalties.
(1) It is unlawful
for any person to 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. Any person who violates this
subdivision commits a felony.
(2) Any person who
fails to maintain complete and accurate records, to prepare complete
and accurate documents, to provide information from such
record upon request, or to properly
disclose that an airbag is salvaged, as required by this chapter,
commits a misdemeanor.
31-53-6. Accidents
-- Police authorities report. -- Any automobile 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.
31-53-7.
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
violates subsection (a) of this section commits both a deceptive trade
practice and a felony, and shall be subject to the to the
penalties set forth in chapter 6-13.1 for the
deceptive trade practice, and also subject to the penalties set
forth in subsection 31-53-4 (c)
and/or (d), as appropriate.
31-53-8.
Rules and regulations. -- The administrator of the
division of motor vehicles
shall promulgate rules and regulations to implement the
provisions of this chapter.
31-53-
9. Severability. -- If
any section, paragraph, sentence, clause, phrase, or any part
of this chapter is declared invalid, the remaining
sections, paragraphs, sentences, clauses, phrases,
or parts thereof shall in no manner be affected and
shall remain in full force and effect.
SECTION 2. This act shall take effect upon passage.
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LC00442
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