General Assembly Raised Bill No. 1040
January Session, 2013 LCO No. 3878
*03878_______TRA*
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
General Assembly
Raised Bill No. 1040
January Session, 2013
LCO No. 3878
*03878_______TRA*
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT CONCERNING COUNTERFEIT AND SUBSTANDARD AIRBAGS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 14-106d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) As used in this section:
(1) "Air bag" means a motor vehicle inflatable occupant restraint system, including all component parts, such as sensors, controllers, inflators and wiring, that (A) operates in the event of a crash, and (B) is designed in accordance with federal motor vehicle safety standards for the specific make, model and year of the motor vehicle in which it is or will be installed.
(2) "Counterfeit air bag" means a motor vehicle inflatable occupant restraint system, including all component parts, such as sensors, controllers, inflators and wiring, displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from such manufacturer.
(3) "Substandard air bag" means a replacement motor vehicle inflatable occupant restraint system, including all component parts, such as sensors, controllers, inflators and wiring, that, as a result of its design, manufacture or condition, fails to provide the same or greater protection to occupants of the motor vehicle in which it is installed as the protection provided by the air bag originally installed in such motor vehicle.
[(a)] (b) No person shall manufacture, import, install, sell or offer for sale any device with the intent that such device replace an air bag in any motor vehicle if such person knows or reasonably should know that such device is a counterfeit air bag, a substandard air bag or does not meet federal safety requirements as provided in 49 CFR 571.208.
(c) No person shall sell or install in any vehicle any device that causes such vehicle's diagnostic system to inaccurately indicate that such vehicle is equipped with a functional air bag when a counterfeit air bag, a substandard air bag or no air bag is installed.
[(b)] (d) A violation of subsection [(a)] (b) or (c) of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b. Each manufacture, importation, installation, sale or offer for sale shall constitute a separate and distinct violation.
[(c)] (e) Any person who violates subsection [(a)] (b) or (c) of this section shall be guilty of a class [A misdemeanor] D felony.
Sec. 2. Subdivision (16) of section 53a-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(16) Air bag fraud. A person is guilty of air bag fraud when such person, with intent to defraud another person, obtains property from such other person or a third person by knowingly selling, installing or reinstalling any object, including any counterfeit air bag or substandard air bag, as such terms are defined in section 14-106d, as amended by this act, in lieu of an air bag that was designed in accordance with federal safety requirements as provided in 49 CFR 571.208, as amended, and which is proper for the make, model and year of the vehicle, as part of the vehicle inflatable restraint system.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 14-106d
Sec. 2 October 1, 2013 53a-119(16)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
14-106d
Sec. 2
October 1, 2013
53a-119(16)
Statement of Purpose:
To eliminate the use of substandard and counterfeit airbags.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]