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 an airbag, 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 to knowingly and intentionally 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. The bill would provide that its provisions do not affect any duties, rights, or remedies otherwise available atbegin delete law.end deletebegin insert law or preclude prosecution under any other law.end insert 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Section 27317 of the Vehicle Code is repealed.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 not knowingly and intentionally 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.
P3 1(c) A violation of subdivision (a) or (b) is a misdemeanor
2punishable by a fine of up to five thousand dollars ($5,000) or by
3imprisonment in a county jail for up to one year, or by both the
4fine and imprisonment.
5(d) An installation or reinstallation shall not have occurred for
6purposes of this section until the work is complete.
7(e) The following definitions shall apply for purposes of this
8section:
9(1) “Airbag” means a motor vehicle inflatable occupant restraint
10system device that is part of a supplemental restraint system.
11(2) “Counterfeit supplemental restraint system component”
12means a replacement supplemental restraint system component,
13including, but not limited to, an airbag that displays a mark
14identical or substantially similar to the genuine mark of a motor
15vehicle manufacturer or a supplier of parts to the manufacturer of
16a motor vehicle without authorization from that manufacturer or
17supplier, respectively.
18(3) “Nonfunctional airbag” means a replacement airbag that
19meets any of the following criteria:
20(A) The airbag was previously deployed or damaged.
21(B) The airbag has an electric fault that is detected by the
22vehicle’s airbag diagnostic systems when the installation procedure
23is completed and the vehicle is returned
to the customer who
24requested the work to be performed or when ownership is intended
25to be transferred.
26(C) The airbag includes a part or object, including, but not
27limited to, a supplemental restraint system component installed in
28a motor vehicle to mislead the owner or operator of the motor
29vehicle into believing that a functional airbag has been installed.
30(D) The airbag is subject to the prohibitions of subsection (j)
31of Section 30120 of Title 49 of the United States Code.
32(4) “Supplemental restraint system,” commonly referred to as
33an “SRS,” means a passive inflatable motor vehicle occupant crash
34protection system designed for use in conjunction with active
35restraint systems, as defined in Section 571.208 of Title 49
of the
36Code of Federal Regulations. A supplemental restraint system
37includes one or more airbags and all components required to ensure
38that an airbag works as designed by the vehicle manufacturer,
39including both of the following:
40(A) The airbag operates in the event of a crash.
P4 1(B) The airbag is designed in accordance with federal motor
2vehicle safety standards for the specific make, model, and year of
3the motor vehicle in which it is or will be installed.
4(f) This section does not affect any duties, rights, or remedies
5otherwise available at law.
6
(g) This section does not preclude
prosecution under any other
7law.
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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