Relating to air bag fraud
The bill imposes significant penalties for individuals or entities convicted of selling, installing, or reinstalling counterfeit air bags or nonfunctional air bags. For example, a misdemeanor charge can incur fines ranging from $1,000 to $5,000, with imprisonment for repeat offenders or in cases where the violation results in serious bodily injury or death. This legislative action seeks to deter fraudulent practices that compromise vehicle safety and reinforce compliance with federal motor vehicle safety standards.
House Bill 4668 addresses air bag fraud by prohibiting the use and sale of counterfeit and nonfunctional air bags in motor vehicles. Specifically, it amends the Code of West Virginia to clarify the definitions related to air bag systems, including what constitutes a 'counterfeit' or 'nonfunctional' air bag, and establishes penalties for violations. The bill aims to enhance motor vehicle safety and protect consumers from deceptive practices that could jeopardize their safety in the event of a crash.
The general sentiment around HB 4668 appears to be supportive of consumer protection and safety, as the bill directly addresses public concerns about vehicle safety standards and the risks associated with defective air bags. However, there may be some contention regarding the regulation and enforcement of the provisions, especially among automotive dealers and repair shops who may feel constricted by the stringent penalties attached to this bill.
Notably, the bill makes allowances for personal use exemptions, stating that individuals can disable air bags in their own vehicles under certain conditions, provided they disclose that the air bag is disabled when selling these vehicles. This creates a balance between enforcing strict regulations against fraud and allowing personal discretion for vehicle owners. The specifics of implementation and enforcement might raise questions among automotive professionals regarding their liability and responsibilities under the new law.