State Statutes Relating to Air Bag Installation Fraud

Transcription

1 Alabama Alabama Code Ala. Code 13A Fraudulent repair of an airbag. (a) A person commits the offense of fraudulent repair of an airbag if, after an airbag has been deployed in a motor vehicle, the person does either of the following: (1) Installs a new airbag which the person knew was not designed in accordance with all applicable federal safety standards for the make, model, and year of the motor vehicle. (2) Installs a used airbag in a motor vehicle and fails to disclose to the owner or lessee that a used airbag has been installed. (b) Fraudulent repair of an airbag is a Class A misdemeanor Ala. Code 13A Alaska Arizona Fraudulent sale of a motor vehicle without an airbag. (a) The owner of a motor vehicle commits the offense of fraudulent sale of a motor vehicle without an airbag if an airbag deploys while the vehicle is owned by the person, the person chooses not to replace the airbag, and the person knowingly and intentionally fails to disclose to the next purchaser the absence of an airbag. (b) Fraudulent sale of a motor vehicle without an airbag is a Class A misdemeanor. Ariz. Rev. Stat. Ann Salvage certificate of title; non-repairable vehicle certificate of title; recovered vehicles; violation; classification; definitions Except as provided in subsection L of this section, the department shall issue a certificate of title to a vehicle that has been issued a salvage certificate of title as a result of a total loss settlement by reason of theft if the vehicle is recovered and was not wrecked or stripped of essential parts and the insurance company or its authorized agent submits an affidavit to the department in a form prescribed by the department stating either of the following: 1. The vehicle is a recovered theft and both of the following: (a) The vehicle was not wrecked or stripped of essential parts. (b) To the insurance company's or its authorized agent's actual knowledge, no air bag or component part necessary to the proper function of the air bag system deployed in the vehicle or was removed from the vehicle. Arkansas 2. The vehicle is a recovered theft and, to the insurance company's or its authorized agent's actual knowledge, an air bag or an air bag module deployed in the vehicle or was removed from the vehicle. The insurance company or its authorized agent shall list the location in the vehicle of each deployment or removal of an air bag or an air bag module.

2 California Colorado California Vehicle Code Cal. Code Any person who installs or reinstalls for compensation, or who distributes or sells any previously deployed air bag that is part of an inflatable restraint system, if the person knows that the air bag has been previously deployed, is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by confinement in the county jail for one year or by both that fine and confinement. Colo. Rev. Stat Installation or reinstallation of false air bag - deceptive trade practices - criminal liability. (1) A person engages in a deceptive trade practice when such person installs or reinstalls, as part of a vehicle inflatable restraint system, any object in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle. (2) 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 $2,500 and not more than $5,000, or imprisonment in the county jail for up to one year, or both Prohibited Acts (1) No motor vehicle repair facility or any employee or contract laborer of such facility shall: (j) Install or reinstall, as part of a vehicle inflatable restraint system, any object in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle. Connecticut Conn. Gen. Stat d. Sale or offer for sale of fake air bag prohibited. Unfair or deceptive trade practice. Penalty. ) (a) No person shall sell or offer for sale any device with the intent that such device replace an air bag in any motor vehicle if such person knows or reasonably should know that such device does not meet federal safety requirements as provided in 49 CFR (b) A violation of subsection (a) of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section b. Each sale or offer for sale shall constitute a separate and distinct violation. (c) Any person who violates subsection (a) of this section shall be guilty of a Class A misdemeanor. C.G.S.A. 53a-199. Larceny Defined Delaware (16) Air bag fraud. A person is guilty of air bag fraud when such person, with intent to defraud another person, obtains property from such other person or a third person by knowingly installing or reinstalling any object in lieu of an air bag that was designed in accordance with federal safety requirements as provided in 49 CFR , as amended, and which is proper for the make, model, and year of the vehicle, as part of the vehicle inflatable restraint system. 6 Del. Code. Ann. 4903A. Unlawful practices. (a) Deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression or omission of any material fact in connection with auto repair work by any automotive repair facility, whether or not any person has in fact been misled, deceived or damaged thereby, or the act, use or employment by any auto repair facility of a deceptive trade practice in connection with auto repair work shall constitute an unlawful practice.

3 (b) Acts or practices by an automotive repair facility prohibited by subsection (a) of this section shall include but are not limited to: Florida Georgia Hawaii Idaho (7) Installing or reinstalling any non-operative air bag or object in lieu of an operative air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of the vehicle inflatable restraint system; Fla. Stat.Ann Airbag Antitheft Act.-- (1) SHORT TITLE.--This section may be cited as the "Airbag Antitheft Act." (2) DEFINITIONS.--As used in this section, the term "airbag" means an inflatable restraint system that is designed to be installed and to operate in a motor vehicle to activate in the event of a crash; and the term "salvaged airbag" means an airbag that has been removed from a motor vehicle. (3) PURCHASE, SALE, OR INSTALLATION OF SALVAGED AIRBAGS; RECORDS.--Any person engaged in the business of purchasing, selling, or installing salvaged airbags shall maintain a manual or electronic record of the purchase, sale, or installation, which must include the identification number of the salvaged airbag; the vehicle identification number of the vehicle from which the salvaged airbag was removed; the name, address, and driver's license number or other means of identification of the person from whom the salvaged airbag was purchased; and, in the event that the salvaged airbag is installed, the vehicle identification number of the vehicle into which the airbag is installed. Such record must be maintained for 36 months following the transaction and may be inspected during normal business hours by any law enforcement officer of this state or other authorized representative of the agency charged with administration of this section. Any person who sells a salvaged airbag or who installs a salvaged airbag must disclose to the purchaser or consumer that the airbag is salvaged. Upon request, information within a portion of such record pertaining to a specific transaction must be provided to an insurer or consumer. (4) PROHIBITION; PENALTIES.-- (a) It is unlawful for any person to knowingly possess, sell, or install a stolen uninstalled airbag; a new or salvaged airbag from which the manufacturer's part identification number has been removed, altered, or defaced; or an airbag taken from a stolen motor vehicle. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s , s , or s Ga. Code Ann Installation or reinstallation of object in lieu of or other than air bag Any person who knowingly installs or reinstalls any object in lieu of and other than an air bag which was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system shall be guilty of a misdemeanor of a high and aggravated nature. Idaho Code AIR BAGS AND AIR BAG SYSTEMS -- DISCLOSURE IF INOPERABLE. (1) It shall be unlawful for any person to sell or otherwise transfer ownership of a vehicle without giving prior written notice to the purchaser or transferee if the person knows or should reasonably know that any air bag or the air bag system is inoperable. (2) The provisions of this section shall apply only to vehicles originally equipped with factory-installed air bags or an air bag system. (3) The provisions of this section shall not apply to a vehicle in which a deployed air

4 bag is visible in its deployed condition or to a vehicle from which an air bag has been cut or torn away and that fact is plainly visible. Illinois 720 I.L.C.S Installation of object in lieu of air bag. Any person who for consideration knowingly installs or reinstalls in a vehicle any object in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system is guilty of a Class A misdemeanor. Indiana Ind. Code "Inflatable restraint system" Sec. 1. As used in this chapter, "inflatable restraint system" means an air bag that is activated in a crash. Ind. Code Installation of object in place of complying inflatable restraint system Sec. 2. A person may not knowingly or intentionally install in a motor vehicle, as part of the motor vehicle's inflatable restraint system, an object that does not comply with Federal Motor Vehicle Safety Standard Number 208 (49 CFR ) for the make, model, and year of the motor vehicle. Ind. Code Sale, lease, trade, or transfer of motor vehicle with object in place of complying inflatable restraint system Sec. 3. A person may not knowingly or intentionally: (1) sell; (2) lease; (3) trade; or (4) transfer a motor vehicle in which is installed, as part of the motor vehicle's inflatable restraint system, an object that does not comply with Federal Motor Vehicle Safety Standard Number 208 (49 CFR ) for the make, model, and year of the motor vehicle to an Indiana resident. Ind. Code Violations; installation; Class A misdemeanor; Class D felony Sec. 4. A person who violates section 2 of this chapter commits a Class A misdemeanor. However, the offense is a Class D felony if a person in a motor vehicle is injured as a result of the air bag tampering. Ind. Code Violation; sale, lease, trade, or transfer of motor vehicle; Class D felony Sec. 5. A person who violates section 3 of this chapter commits a Class D felony. Iowa Kansas Kentucky Iowa Code Ann A Non-operative air bags. A person shall not install or reinstall for compensation, distribute, or sell a nonoperative air bag that is part of an inflatable restraint system for a motor vehicle if the person knows that the air bag is non-operative. A violation of this section is an aggravated misdemeanor punishable by confinement for up to one year and a fine of at least $500 but not more than $5,000 dollars. For purposes of this section, "non-operative air bag" includes an air bag that has been previously deployed, is nonfunctional, or is otherwise defective. "Non-operative air bag" also includes anything that is inserted, or is intended to be inserted, in place of an air bag, which would prohibit an inflatable restraint system from functioning properly. Ky. Rev.Stat Installation of any component of inflatable restraint system not designed in accordance with federal safety regulations -- Penalties.

5 Any person who knowingly installs or reinstalls in a vehicle any object, in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system, 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. Louisiana La. Rev. Stat. Ann. 14:231. Air bag fraud prohibited A. No person shall knowingly install or reinstall either of the following in a motor vehicle: (1) An air bag, whether previously deployed or not, that was not designed to meet all applicable federal safety regulations for a vehicle of that make, model, and year. (2) Any object in lieu of an air bag that was not designed to meet all applicable federal safety regulations for a vehicle of that make, model, and year. B. For purposes of this section, an "air bag" means an inflatable occupant restraint system designed to activate in a motor vehicle in the event of a traffic crash to mitigate injury or ejection. C. Whoever violates the provisions of this section shall be fined not more than $2,000, imprisoned not more than six months, or both. Maine 29-A Me.Rev. Stat. Ann. 667 ** Maryland MD Transportation Code Record keeping - Automotive repairs and vehicle storage** Massachusetts Mass. Gen. Laws. Ann. Ch.90D: 20D. Reconstruction or restoration of total loss salvage motor vehicle** Michigan Mich. Comp. Laws. Ann a Records of air bag sales, purchases, or acquisitions; period of time records required to be maintained.** Mich. Comp. Laws. Ann a: Repair or replacement of air bags in motor vehicles; records of purchase or sale of used or reconditioned air bag Sec. 18a. (1) A facility that repairs or replaces air bags in a motor vehicle shall maintain a record of the purchase or sale of each used or reconditioned air bag purchased or acquired by the facility. The record shall contain the date of purchase or acquisition of each air bag, a description of each air bag, the identification number assigned to each air bag, and the name and address of the person to or from whom each air bag was purchased, acquired, or sold. The record of the sale, purchase, or acquisition of each air bag shall be maintained in or attached to a police book as described in section 251 of the Michigan Vehicle Code, 1949 PA 300, MCL The facility's police book and the records of air bag sales, purchases, or acquisitions shall immediately be made available for inspection by the administrator and other law enforcement officials after a request for inspection is made. Minnesota (2) Records required under this section shall be maintained by the facility for not less than five years. Minn. Stat. Ann. 325F.6641 DISCLOSURE OF MOTOR VEHICLE DAMAGE. Subdivision 1. Damage. (a) If a motor vehicle has sustained damage by collision or other occurrence which exceeds 70 percent of its actual cash value immediately prior to sustaining damage, the seller must disclose that fact to the buyer, if the seller has actual knowledge of the damage. The amount of damage is determined by the retail cost of repairing the vehicle based on a complete written retail repair estimate or invoice, exclusive of the actual cost incurred to repair, replace, or reinstall inflatable safety restraints and other vehicle components that must be replaced due to the deployment of the inflatable safety restraints. (b) The disclosure required under this subdivision must be made in writing on the

6 Mississippi application for title and registration or other transfer document, in a manner prescribed by the registrar of motor vehicles. The registrar shall revise the certificate of title form, including the assignment by seller (transferor) and reassignment by licensed dealer sections of the form, the separate application for title forms, and other transfer documents to accommodate this disclosure. If the seller is a motor vehicle dealer licensed pursuant to section , the disclosure required by this section must be made orally by the dealer to the prospective buyer in the course of the sales presentation. (c) Upon transfer and application for title to a vehicle covered by this subdivision, the registrar shall record the term "rebuilt" on the first Minnesota certificate of title and all subsequent Minnesota certificates of title used for that vehicle. Subd. 2. Form of disclosure. The disclosure required in this section must be made in substantially the following form: "To the best of my knowledge, this vehicle has... has not sustained damage, exclusive of any costs to repair, replace, or reinstall air bags and other components that were replaced due to deployment of air bags, in excess of 70 percent actual cash value." Miss. Code Ann Unlawful installation of an object in lieu of an airbag. Any person who knowingly installs or reinstalls any object in lieu of an airbag that was designed in accordance with federal safety regulations for the make, model and year of vehicle, as a part of a vehicle inflatable restraint system, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than one (1) year, or both. Missouri Montana Nebraska Neb. Rev. Stat Motor vehicle; inflatable restraint system; prohibited acts; penalty. (1) No person shall knowingly install or reinstall in a motor vehicle, as part of the motor vehicle's inflatable restraint system, any object or material other than an air bag designed for the make, model, and year of the motor vehicle. (2) A person violating this section is guilty of a Class I misdemeanor. Nevada Nev. Rev. Stat Repair and rebuilding of vehicle to comply with industry standards; repair or replacement of airbags and other safety equipment; retention of written records.** New Hampshire N.H. Rev. Stat. 358-D:11-a Sale, Purchase, and Installation of Airbags; Criminal Penalty Established. Any person who knowingly sells, purchases, installs, or reinstalls any object which is not a properly operating airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system, shall be guilty of a Class A misdemeanor. N.H. Rev. Stat. 358-D:11-b Installation of Recycled Airbag. Nothing in RSA 358-D:11-a shall prohibit the installation or reinstallation of a recycled airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system. New Jersey New Mexico New York New York Vehicle and Traffic Code 398-d. ** North Carolina N.C. Gen. Stat. Ann Air bag installation. It shall be unlawful for any person, firm, or corporation to knowingly install or

7 North Dakota Ohio reinstall any object in lieu of an air bag, other than an air bag that was designed in accordance with federal safety regulations for the make, model, and year of vehicle, as part of a vehicle inflation restraint system. Any person, firm, or corporation violating this section shall be guilty of a Class 1 misdemeanor. Ohio Rev. Code Ann Improper replacement of motor vehicle air bag (A) As used in this section, "air bag" has the same meaning as in 49 C.F.R , as amended. (B) No person shall install or reinstall in any motor vehicle any object to fulfill the function of an air bag, including an air bag, other than an air bag that was designed in conformance with or that is regulated by federal motor vehicle safety standard number 208 for the make, model, and model year of the vehicle, knowing that the object is not in accordance with that standard. (C) Whoever violates division (B) of this section is guilty of improper replacement of a motor vehicle air bag, a misdemeanor of the first degree on a first offense. On each subsequent offense, the person is guilty of a felony of the fifth degree. Oklahoma 15 Okla. Stat. Ann. 902 Installation or reinstallation of object in lieu of airbag - Violation - Penalty. Any person who knowingly, without the owner's written consent, installs or reinstalls any object in lieu of an airbag that was designed in accordance with federal safety regulations for the make, model, and year of vehicle, as part of a vehicle inflatable restraint system, is guilty of a misdemeanor punishable by a fine of up to $5,000.per offense, or by confinement in the county jail for up to one (1) year, or by both fine and confinement. Oregon Or. Rev. Stat Improper repair of vehicle inflatable restraint system. (1) A person commits the crime of improper repair of a vehicle inflatable restraint system if the person knowingly: (a) Installs as part of a vehicle inflatable restraint system an object that is not designed in accordance with federal safety regulations for the make, model and year of the motor vehicle; or (b) If requested to repair or replace a vehicle inflatable restraint system, fails to install an object that is required to make a vehicle inflatable restraint system comply with federal safety regulations for the make, model and year of the motor vehicle. (2) Improper repair of a vehicle inflatable restraint system is a Class A misdemeanor. Or. Rev. Stat Unlawful possession of undeployed air bags or air bag canisters. (1) A person may not possess more than two undeployed air bags or air bag canisters containing sodium azide that have been removed from a vehicle. This subsection does not apply to motor vehicle dealers, automobile repair facilities or dismantlers certified under ORS (2) A violation of subsection (1) of this section is a Class C misdemeanor. Pennsylvania Rhode Island South Carolina South Dakota Tennessee Tenn. Code Ann Airbags. Any person who knowingly installs or reinstalls any object in lieu of an airbag that was designed in accordance with federal safety regulations for the make, model and

8 year of the vehicle as part of the vehicle inflatable restraint system shall be guilty of a Class A misdemeanor. Texas Tex. Transportation Code RESTRICTIONS ON AIRBAGS. (a) A person commits an offense if the person knowingly: (1) installs or purports to install an airbag in a vehicle; and (2) does not install an airbag that meets all applicable federal safety regulations for an airbag installed in a vehicle of that make, model, and year. (b) An offense under this section is a Class A misdemeanor. Utah Utah Code Ann. 41-6a Failure to repair a damaged or deployed airbag -- Penalty. Vermont Virginia (1) As used in this section, "person" includes the owner or lessee of a motor vehicle, a body shop, dealer, remanufacturer, salvage rebuilder, vehicle service maintenance facility, or any entity or individual engaged in the repair or replacement of motor vehicles or airbag passive restraint systems. (2) Except as provided under Subsection (3), if a repair to a vehicle to be used on a highway is initiated, a person who has actual knowledge that a motor vehicle's airbag passive restraint system is damaged or has been deployed may not fail or cause another person to fail to fully restore, arm, and return to original operating condition, the motor vehicle's airbag passive restraint system. (3) In the course of repairing a motor vehicle, a person who has actual knowledge that the motor vehicle's airbag passive restraint system is damaged or has been deployed shall notify the owner or lessee of the vehicle, in a form approved by the Department of Public Safety, that the failure to repair and fully restore the motor vehicle's airbag passive restraint system is a Class B misdemeanor. (4) Unless acting under a dismantling permit under Section 41-1a-1010, a person may not remove or modify a motor vehicle's airbag passive restraint system with the intent of rendering the motor vehicle's airbag passive restraint system inoperable. (5) A person who violates this section is guilty of a class B misdemeanor. Vt. Stat.Ann. tit Installation of object in lieu of air bag (a) No person shall knowingly install or reinstall or knowingly cause to be installed or reinstalled: (1) an object in lieu of a vehicle air bag that was designed in accordance with the federal safety regulation for the make, model, and year of a vehicle; or (2) an inoperable vehicle air bag, knowing the air bag is inoperable. (b) A person who violates subsection (a) of this section shall be imprisoned for not more than three years or fined not more than $10,000, or both. (c) A person who violates subsection (a) of this section, and serious bodily injury as defined in section 1021 of this title or death results, shall be imprisoned for not more than 15 years or fined not more than $10,000, or both. Va. Code Air bags; installation of other object in lieu of air bag prohibited; notice of installation of previously installed air bag required; penalty. Any person who, without the knowledge of the vehicle's owner or the person requesting the installation, reinstallation, or replacement of a motor vehicle air bag, installs or reinstalls any air bag or other component of the vehicle's inflatable restraint system knowing that the air bag installation is not in accordance with federal safety regulations applicable to that specific line-make, model, and model year vehicle is guilty of a Class 1 misdemeanor.

9 Any person who, without the knowledge of the vehicle's owner or the person requesting the installation, reinstallation, or replacement of a motor vehicle air bag, installs, reinstalls, or replaces a motor vehicle air bag or other component of the vehicle's inflatable restraint system with an air bag or other component of a vehicle's inflatable restraint system knowing that the air bag was previously installed in another motor vehicle is guilty of a Class 2 misdemeanor. Washington Wash. Rev. Code Air bags Installation of previously deployed Penalty. (1) A person is guilty of a gross misdemeanor if he or she knew or reasonably should have known that an air bag he or she installs or reinstalls in a vehicle for compensation, or distributes as an auto part, is a previously deployed air bag that is part of an inflatable restraint system. (2) A person found guilty under subsection (1) of this section shall be punished by a fine of not more than $5,000 or by confinement in the county jail for not more than one year, or both. Wash. Rev. Code Air bags Replacement requirements. Whenever an air bag that is part of a previously deployed inflatable restraint system is replaced by either a new air bag that is part of an inflatable restraint system or a nondeployed salvage air bag that is part of an inflatable restraint system, the air bag must conform to the original equipment manufacturer requirements, and the installer must verify that the self-diagnostic system for the inflatable restraint system indicates that the entire inflatable restraint system is operating properly. West Virginia Wisconsin Wyoming Puerto Rico W. Va. Code 17C Deployed restraint systems resale or reinstallation prohibited. A person who knowingly installs or reinstalls any object in lieu of an air bag or anything other than a not previously deployed air bag that was designed in accordance with federal safety regulations for the make, model and year of vehicle, as part of a vehicle inflatable restraint system, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 thousand dollars, or imprisoned in the county or regional jail not more than one year, or both fined and imprisoned Wis. Stat. Ann Airbags, prohibited practices. (1) In this section, "airbag" means an inflatable restraint system that is designed to be installed and to operate in a motor vehicle to deploy by inflating upon an impact of the vehicle with another object. (2) No person may, either personally or through an agent, sell, install, reinstall, or distribute any previously deployed airbag. This subsection does not apply to the sale of a motor vehicle with a previously deployed airbag unless the deployment is concealed or disguised. (3) No person may, either personally or through an agent, remove, disconnect, tamper with, or otherwise circumvent the operation of any airbag, except for the purpose of testing, repairing, or maintaining an airbag; salvaging an undeployed airbag; disposing of a deployed airbag; or replacing a deployed airbag with a functional airbag. This subsection does not apply to the installation or use of an onoff switch by any person who is authorized by federal law or regulation to install or use an on-off switch for an airbag. (4) No person may, either personally or through an agent, install a cover or otherwise conceal or disguise a missing airbag or a previously deployed airbag. PR ST T Penalties.

10 Any person who fails to comply with the provisions of this chapter shall incur a misdemeanor and if convicted thereof, shall be sanctioned with a fine of not less than $100 nor greater than $500. However, any person who knowingly installs or reinstalls, or who knowingly distributes or sells an airbag that is not manufactured for the brand, model and year of the vehicle being repaired and which is a part of a vehicle inflatable restraint system shall incur a misdemeanor and shall be sanctioned with the penalty of a fine of five thousand dollars $5,000, or the penalty of imprisonment for a term which shall not exceed six (6) months and shall not be less than ninety (90) days, or both penalties, at the discretion of the court. Moreover, any person who knowingly installs or reinstalls any object in substitution for a new airbag designed pursuant to federal safety regulations for the brand, model and year of a vehicle inflatable restraint system for a specific vehicle shall incur a misdemeanor and shall be sanctioned with the penalty of a fine of five thousand dollars $5,000, or the penalty of imprisonment for a term of not less than ninety (90) days nor more than six (6) months, or both penalties, at the discretion of the court. ** The statute relates to air bag sales or repairs but is not an anti-fraud law.