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AN ACT relating to relating to motor vehicles. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 434.415 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Airbag" means a motor vehicle inflatable occupant restraint system device 5
that is part of a supplemental restraint system; 6
(b) "Counterfeit supplemental restraint system component" means a 7
replacement supplemental restraint system component, including but not 8
limited to an airbag, that displays a mark identical to, or substantially 9
similar to, the genuine mark of a motor vehicle manufacturer or a supplier 10
of parts to the manufacturer of a motor vehicle without authorization from 11
that manufacturer or supplier, respectively; 12
(c) "Nonfunctional airbag" means a replacement airbag that meets any of the 13
following criteria: 14
1. The airbag was previously deployed or damaged; 15
2. The airbag has an electric fault that is detected by the vehicle's airbag 16
diagnostic system when the installation procedure is completed and 17
the vehicle is returned to the customer who requested the work to be 18
performed or when ownership is intended to be transferred; 19
3. The airbag includes a part or object, including a supplemental 20
restraint system component, that is installed in a motor vehicle to 21
mislead the owner or operator of the motor vehicle into believing that 22
a functional airbag has been installed; or 23
4. The airbag is subject to the provisions of 49 U.S.C. sec. 30120(j); and 24
(d) "Supplemental restraint system" means a passive inflatable motor vehicle 25
occupant crash protection system designed for use in conjunction with a 26
seat belt assembly as defined in 49 C.F.R. sec. 571.209. A supplemental 27 UNOFFICIAL COPY 22 RS BR 1832
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restraint system includes one (1) or more airbags and all components 1
required to ensure that an airbag works as designed by the vehicle 2
manufacturer, including both of the following: 3
1. The airbag operates as designed in the event of a crash; and 4
2. The airbag is designed to meet federal motor vehicle safety standards 5
for the specific make, model, and year of the vehicle in which it is or 6
will be installed. 7
(2) Notwithstanding KRS Chapter 534, a person who does any of the following shall 8
be fined not more than five thousand dollars ($5,000), or be confined in the 9
county jail for not more than twelve (12) months, or both: 10
(a) Knowingly imports, manufacturers, sells, offers for sale, installs, or 11
reinstalls in a motor vehicle, a counterfeit supplemental restraint system 12
component, a nonfunctional airbag, or an object that does not comply with 13
Federal Motor Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 14
571.208 for the make, model, and year of the motor vehicle; 15
(b) Knowingly sells, offers for sale, installs, or reinstalls in any motor vehicle a 16
device that causes a motor vehicle's diagnostic system to inaccurately 17
indicate that the motor vehicle is equipped with a properly functioning 18
airbag; or 19
(c) Knowingly sells, leases, trades, or transfers a motor vehicle if the person 20
knows that a counterfeit supplemental restraint system component, a 21
nonfunctional airbag, or an object that does not comply with Federal Motor 22
Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 571.208 for the 23
make, model, and year of the motor vehicle has been installed as part of the 24
motor vehicle's inflatable restraint system. 25
(3) This section shall not apply to an owner or employee of a motor vehicle 26
dealership or the owner of a vehicle, who, before the sale of the vehicle, does not 27 UNOFFICIAL COPY 22 RS BR 1832
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have knowledge that the vehicle's airbag, or another component of the vehicle's 1
supplemental restraint system, is counterfeit or nonfunctioning. 2
[Any person who knowingly installs or reinstalls in a vehicle any object, in lieu of an air 3
bag that was designed in accordance with federal safety regulations for the make, model, 4
and year of the vehicle, as part of a vehicle inflatable restraint system, shall be fined not 5
more than five thousand dollars ($5,000), or be confined in the county jail for not more 6
than twelve (12) months, or both]. 7