2022 Colorado Code
Title 6 - Consumer and Commercial Affairs
Article 1 - Colorado Consumer Protection Act
Part 7 - Specific Provisions
§ 6-1-710. Trafficking of False Airbag - Deceptive Trade Practices - Criminal Liability - Definitions

1. A person engages in a deceptive trade practice when the person knowingly or intentionally manufactures, imports, distributes, sells, offers for sale, installs, or reinstalls a device intended to replace a supplemental restraint system component if the device is:
   1. A counterfeit supplemental restraint system component;
   2. A nonfunctional airbag; or
   3. Any object in lieu of a supplemental restraint system component that was not designed in accordance with federal safety regulations for the make, model, and year of the motor vehicle in which it is or will be installed.

2. [ Editor's note: This version of subsection (2) is effective until March 1, 2022.] Any person who violates subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two thousand five hundred dollars and not more than five thousand dollars per violation, or imprisonment in the county jail for up to one year, or both.

   (2) [ Editor's note: This version of subsection (2) is effective March 1, 2022. ] Any person who violates subsection (1) of this section commits a class 1 misdemeanor.

3. As used in this section:
   1. "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
   2. "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier.
   3. "Nonfunctional airbag" means a replacement airbag that:
      1. Was previously deployed or damaged;
      2. Has an electric fault that is detected by the motor vehicle's diagnostic systems when the installation procedure is completed and the motor vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;
      3. Includes a part or object, including a supplemental restraint system component, installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or
      4. Is prohibited from being sold or leased in accordance with 49 U.S.C. sec. 30120 (j).

   4. "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in 49 CFR 571.208. A supplemental restraint system includes:
      1. Each airbag installed in accordance with the motor vehicle manufacturer's design; and
      2. All components required to ensure that an airbag operates as designed in the event of a crash and in accordance with the federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle.

Source: L. 2002: Entire section added, p. 197, § 3, effective July 1. L. 2021: (1) amended and (3) added, (HB 21-1193), ch. 148, p. 865, § 1, effective September 7; (2) amended, (SB 21-271), ch. 462, p. 3134, § 57, effective March 1, 2022.

1. Section 3(2) of chapter 148 (HB 21-1193), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 7, 2021.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.