N.Y. General Business Law § 349-e: Counterfeit and non-functional airbags

§ 349-e. Counterfeit and non-functional airbags. 1. As used in this

section:

(a) "Airbag" shall mean any component of an inflatable restraint

system, as such term is defined in section one hundred nineteen-b of the

vehicle and traffic law, and that is designed for the specific make,

model, and year of the motor vehicle to be installed and to operate in

the event of a crash. Airbag components include but are not limited to

the cover, sensors, controllers, inflator, wiring, and the airbag

itself.

(b) "Counterfeit airbag" shall mean an airbag that bears, without

authorization, a mark identical with, or substantially similar to, the

genuine mark of the manufacturer of such motor vehicle.

(c) "Non-functional airbag" shall mean a replacement airbag that has

been previously deployed or damaged, or that has an electrical fault

that is detected by the readiness indicator light, as such term is

defined in section one hundred nineteen-b of the vehicle and traffic

law, after the installation procedure is completed. "Non-functional

airbag" shall also mean any object, including a counterfeit or repaired

airbag component installed to deceive the vehicle owner or operator into

believing a functional airbag is installed.

(d) "Person" shall mean any person, partnership, firm, corporation,

company, trust, association, or any agent or employee thereof.

2. (a) It shall be unlawful for any person to knowingly:

(i) make, offer to distribute or distribute, offer to sell or sell a

counterfeit or a non-functional airbag;

(ii) install or reinstall a counterfeit airbag or a non-functional

airbag in any motor vehicle, as that term is defined in section one

hundred twenty-five of the vehicle and traffic law;

(iii) offer to distribute or distribute, offer to sell or sell,

install or reinstall a counterfeit or non-functional airbag so that the

readiness indicator light, as such term is defined in section one

hundred nineteen-b of the vehicle and traffic law, falsely displays that

the airbag is in proper working order; or

(iv) represent to another person that a counterfeit airbag or a

non-functional airbag installed or reinstalled in a motor vehicle is an

airbag.

(b) Any person who violates any provision of this subdivision is

guilty of a class A misdemeanor punishable as provided for in the penal

law.

3. Whenever there shall be a violation of this section involving

twenty-five or more counterfeit and/or non-functional airbags, or any

second or subsequent violation of subdivision two of this section,

application may be made by the attorney general in the name of the

people of the state of New York to a court or justice having

jurisdiction by a special proceeding to issue an injunction, and upon

notice to the defendant of not less than five days, to enjoin and

restrain the continuance of such violation; and if it shall appear to

the satisfaction of the court or justice that the defendant has, in

fact, violated this section, an injunction may be issued by such court

or justice, enjoining and restraining any further violation, without

requiring proof that any person has, in fact, been injured or damaged

thereby. In connection with any such proposed application, the attorney

general is authorized to take proof and make a determination of the

relevant facts and to issue subpoenas in accordance with the civil

practice law and rules. Any person who violates this section and such

violation involves twenty-five or more counterfeit and/or non-functional

airbags, or a second or subsequent violation of subdivision two of this

section shall be subject to a civil penalty of not more than one

thousand dollars for each violation. No person shall be deemed to have

violated the provisions of this section if such person, shows, by a

preponderance of the evidence, that the violation was not intentional

and resulted from a bona fide error made notwithstanding the maintenance

of procedures reasonably adopted to avoid such error.