Bill Text: NJ S2174 | 2014-2015 | Regular Session | Chaptered
Bill Title: Prohibits manufacture, sale, or installation of counterfeit or nonfunctional air bags in motor vehicles.*
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2015-11-09 - Approved P.L.2015, c.121. [S2174 Detail]
Download: New_Jersey-2014-S2174-Chaptered.html
§1 - C.2C:21-7.5
§2 - C.56:8-199
An Act concerning air bags and supplementing Title 2C of the New Jersey Statutes and P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Air bag" means a motor vehicle inflatable occupant restraint system, 2[including all] or any2 component 2[parts] part2, such as the cover, sensors, controllers, inflators, and wiring2,2 that operates in the event of a crash and 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.
"Counterfeit air bag" means a motor vehicle inflatable occupant restraint system, 2[including all] or any2 component 2[parts] part of the system2, such as the cover, sensors, controllers, inflators, and wiring, displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from 1[such] the1 manufacturer.
"Nonfunctional air bag" means a replacement motor vehicle inflatable occupant restraint system, 2[including all] or any2 component 2[parts] part of the system2, such as the cover, sensors, controllers, inflators, and wiring that:
(1) was previously deployed or damaged;
(2) has an electric fault that is detected by the motor vehicle air bag diagnostic system after the installation procedure is completed; or
(3) includes any part or object1[,]1 including, but not limited to, a counterfeit or repaired air bag cover1[,]1 installed in a motor vehicle 2[to mislead the owner or operator of 1[such motor] the1 vehicle into believing] under circumstances that would lead a reasonable person to believe2 that a functional air bag has been installed.
b. 2(1)2 A person who manufactures, imports, installs, reinstalls, sells, or offers for sale any device 2[with the intent that 1[such] the1 device replace an air bag in any motor vehicle and] that the person2 knows or reasonably should know 2[that the device]2 is a counterfeit 1[air bag, a] or1 nonfunctional air bag 2[, or] is guilty of a crime of the fourth degree.
(2) A person who manufactures, imports, installs, reinstalls, sells, or offers for sale any device that is used or intended to be used to replace an air bag in any motor vehicle that the person knows or reasonably should know2 does not meet federal safety requirements as provided in 49 1[CFR] C.F.R. s.1571.208 is guilty of a crime of the fourth degree.
c. A person who sells, installs, or reinstalls in any motor vehicle any device that 2the person knows or reasonably should know2 causes the motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a functional air bag 2[when a counterfeit air bag, a nonfunctional air bag, or no air bag is installed]2 is guilty of a crime of the fourth degree.
2. A violation of the provisions of subsections b. or c. of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.). Each manufacture, importation, installation, reinstallation, sale, or offer for sale shall constitute a separate and distinct violation.
3. This act shall take effect immediately.
Prohibits manufacture, sale, or installation of counterfeit or nonfunctional air bags in motor vehicles.
