AB 2387, as amended, Mullin. Vehicle equipment: supplemental restraint system components and nonfunctional airbags.
Existing law makes it a misdemeanor for a person to (a) install, reinstall, rewire, tamper with, alter, or modify for compensation, a vehicle’s computer system or supplemental restraint system, otherwise referred to as anbegin delete airbags,end deletebegin insert airbag,end insert so that it falsely indicates the supplemental restraint system is in proper working order; or (b) knowingly distribute or sell a previously deployed airbag or component that will no longer meet the original equipment manufacturing form or function for proper operation.
This bill would repeal these provisions and instead make it a misdemeanor for any person to knowingly and intentionally manufacture, import, install,
reinstall, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component, as defined, in any motor vehicle if the device is a counterfeit supplemental restraint system component or a nonfunctional airbag, as defined, or does not meet specified federal safety requirements. The bill would also make it a misdemeanor tobegin insert knowingly and intentionallyend insert sell, install, or reinstall in a vehicle any device that causes the vehicle’s diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag, or when no airbag is installed.begin delete The bill would deem any of the violations described as an unfair or deceptive act or practice for purposes of the Consumers Legal Remedies Act, as specified.end delete By creating new
crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 27317 of the Vehicle Code is repealed.
Section 27317 is added to the Vehicle Code, to read:
(a) A person shall not knowingly and intentionally
4manufacture, import, install, reinstall, distribute, sell, or offer for
5sale any device intended to replace a supplemental restraint system
6component in any motor vehicle if
the device is a counterfeit
7supplemental restraint system component or a nonfunctional airbag,
8or does not meet federal safety requirements as provided in Section
9571.208 of Title 49 of the Code of Federal Regulations.
10(b) A person shall notbegin insert knowingly and intentionallyend insert sell, install,
11or reinstall in a vehicle, any device that causes the vehicle’s
12diagnostic systems to fail to warn when the vehicle is equipped
13with a counterfeit supplemental restraint system component or
14nonfunctional airbag, or when no airbag is installed.
15(c) A violation of subdivision (a) or (b) is a misdemeanor
16punishable by a fine of up to five thousand dollars ($5,000) or by
17imprisonment in a
county jail for up to one year, or by both the
18fine and imprisonment.
P3 1(d) A violation of subdivision (a) or (b) shall be deemed an
2unfair or deceptive act or practice for purposes of the Consumers
3Legal Remedies Act (Title 1.5 (commencing with Section 1750)
4of Part 4 of Division 3 of the Civil Code). Each manufacture,
5importation, installation, reinstallation, distribution, sale, or offer
6for sale shall constitute a separate and distinct violation.
7(e)
end delete
8begin insert(d)end insert An installation or reinstallation shall not have occurred for
9purposes of this section until the work is complete.
10(f)
end delete
11begin insert(e)end insert The following definitions shall apply for purposes of this
12section:
13(1) “Airbag” means a motor vehicle inflatable occupant restraint
14system device that is part of a supplemental restraint system.
15(2) “Counterfeit supplemental restraint system component”
16means a replacement supplemental restraint system component,
17including, but not
limited to, an airbag that displays a mark
18identical or substantially similar to the genuine mark of a motor
19vehicle manufacturer or a supplier of parts to the manufacturer of
20a motor vehicle without authorization from that manufacturer or
21supplier, respectively.
22(3) “Nonfunctional airbag” means a replacement airbag that
23meets any of the following criteria:
24(A) The airbag was previously deployed or damaged.
25(B) The airbag has an electric fault that is detected by the
26vehicle’s airbag diagnostic systemsbegin delete afterend deletebegin insert whenend insert the installation
27procedure isbegin delete completed.end deletebegin insert
completed and the vehicle is returned to
28the customer who requested the work to be performed or when
29ownership is intended to be transferred.end insert
30(C) The airbag includes a part or object, including, but not
31limited to, a
supplemental restraint system component installed in
32a motor vehicle to mislead the owner or operator of the motor
33vehicle into believing that a functional airbag has been installed.
34
(D) An airbag subject to a federal recall shall not be considered
35non functional for purposes of this section.
36(4) “Supplemental restraint system,” commonly referred to as
37an “SRS,” means a passive inflatable motor vehicle occupant crash
38protection system designed for use in conjunction with active
39restraint systems, as defined in Section 571.208 of Title 49 of the
40Code of Federal Regulations. A supplemental restraint system
P4 1includes one or more airbags and all components required to ensure
2that an airbag
works as designed by the vehicle manufacturer,
3including both of the following:
4(A) The airbag operates in the event of a crash.
5(B) The airbag is designed in accordance with federal motor
6vehicle safety standards for the specific make, model, and year of
7the motor vehicle in which it is or will be installed.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
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