ASSEMBLY, No. 3364

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JUNE 9, 2014

 


 

Sponsored by:

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  CHARLES MAINOR

District 31 (Hudson)

Assemblywoman  NANCY J. PINKIN

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits manufacture, sale, or installation of counterfeit or nonoperational air bags in motor vehicles.

 

CURRENT VERSION OF TEXT

     As introduced.

  


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, including all component parts, such as the cover, sensors, controllers, inflators, and wiring 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, including all component parts, 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 such manufacturer.

     “Nonfunctional air bag” means a replacement motor vehicle inflatable occupant restraint system, including all component parts, 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 object, including, but not limited to, a counterfeit or repaired air bag cover, installed in a motor vehicle to mislead the owner or operator of such motor vehicle into believing that a functional air bag has been installed.

     b.    A person who manufactures, imports, installs, reinstalls, sells, or offers for sale any device with the intent that such device replace an air bag in any motor vehicle and knows or reasonably should know that the device is a counterfeit air bag, a nonfunctional air bag, or does not meet federal safety requirements as provided in 49 CFR 571.208 is guilty of a crime of the fourth degree.

     c.    A person who sells, installs, or reinstalls in any motor vehicle any device that causes the motor vehicle’s diagnostic system to inaccurately indicate that the motor vehicle is equipped with a functional air bag when a counterfeit air bag, a nonfunctional air bag, or no air bag is installed 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.

 

 

STATEMENT

 

     This bill prohibits the manufacture, sale, or installation of counterfeit or nonoperational air bags in motor vehicles.

     Specifically, under the provisions of this bill a person who manufactures, imports, installs, reinstalls, sells, or offers for sale any device with the intent that the device replace an air bag in any motor vehicle and knows or reasonably should know that the device is a counterfeit air bag, a nonfunctional air bag, or does not meet certain federal safety requirements is guilty of a fourth degree crime.

     In addition, a person who sells, installs, or reinstalls in any motor vehicle a device that causes the motor vehicle’s diagnostic system to inaccurately indicate that the vehicle is equipped with a functional air bag when a counterfeit air bag, a nonfunctional air bag, or no air bag has been installed is guilty of a fourth degree crime.

     A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.

     The offenses created under this bill also constitute an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.).  Each manufacture, importation, installation, reinstallation, sale, or offer for sale constitutes a separate and distinct violation under the bill.

     An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense, and not more than $20,000 for any subsequent offense.  In addition, a violation can result in cease and desist orders issued by the Attorney General and the awarding of treble damages and costs to the injured party.