2022 Kentucky Revised Statutes Chapter 434 - Offenses against property by fraud 434.415 Counterfeit, nonfunctional, and noncompliant airbags and restraint systems -- Penalties.
Download as PDF
434.415
Counterfeit, nonfunctional, and noncompliant airbags and restraint
systems -- Penalties.
(1)
(2)
As used in this section:
(a) "Airbag" means a motor vehicle inflatable occupant restraint system device
that is part of a supplemental restraint system;
(b) "Counterfeit supplemental restraint system component" means a replacement
supplemental restraint system component, including but not limited to an
airbag, that displays a mark identical to, 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, respectively;
(c) "Nonfunctional airbag" means a replacement airbag that meets any of the
following criteria:
1.
The airbag was previously deployed or damaged;
2.
The airbag has an electric fault that is detected by the vehicle's airbag
diagnostic system when the installation procedure is completed and the
vehicle is returned to the customer who requested the work to be
performed or when ownership is intended to be transferred;
3.
The airbag includes a part or object, including a supplemental restraint
system component, that is 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.
The airbag is subject to the provisions of 49 U.S.C. sec. 30120(j); and
(d) "Supplemental restraint system" means a passive inflatable motor vehicle
occupant crash protection system designed for use in conjunction with a seat
belt assembly as defined in 49 C.F.R. sec. 571.209. A supplemental restraint
system includes one (1) or more airbags and all components required to ensure
that an airbag works as designed by the vehicle manufacturer, including both
of the following:
1.
The airbag operates as designed in the event of a crash; and
2.
The airbag is designed to meet federal motor vehicle safety standards for
the specific make, model, and year of the vehicle in which it is or will be
installed.
Notwithstanding KRS Chapter 534, a person who does any of the following shall be
fined not more than five thousand dollars ($5,000), or be confined in the county jail
for not more than twelve (12) months, or both:
(a) Knowingly imports, manufactures, sells, offers for sale, installs, or reinstalls
in a motor vehicle, a counterfeit supplemental restraint system component, a
nonfunctional airbag, or an object that does not comply with Federal Motor
Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 571.208 for the
make, model, and year of the motor vehicle;
(b) Knowingly sells, offers for sale, installs, or reinstalls in any motor vehicle a
(3)
device that causes a motor vehicle's diagnostic system to inaccurately indicate
that the motor vehicle is equipped with a properly functioning airbag; or
(c) Knowingly sells, leases, trades, or transfers a motor vehicle if the person
knows that a counterfeit supplemental restraint system component, a
nonfunctional airbag, or an object that does not comply with Federal Motor
Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 571.208 for the
make, model, and year of the motor vehicle has been installed as part of the
motor vehicle's inflatable restraint system.
This section shall not apply to an owner or employee of a motor vehicle dealership
or the owner of a vehicle, who, before the sale of the vehicle, does not have
knowledge that the vehicle's airbag, or another component of the vehicle's
supplemental restraint system, is counterfeit or nonfunctioning.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 237, sec. 1, effective July 14, 2022. -- Created
2003 Ky. Acts ch. 189, sec. 4, effective June 24, 2003.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
