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State Statutes Relating to Air Bag Installation Fraud States/Jurisdictions Statute

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State Statutes Relating to Air Bag Installation Fraud States/Jurisdictions Statute State Statutes Relating to Air Bag Installation Fraud States/Jurisdictions Statute Alabama Alabama Code Ala. Code§ 13A-11-270 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-11-271 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. Alaska No statute found in search. Arizona Ariz. Rev. Stat. Ann. §28-2091. 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. 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. Arkansas No statute found in search. State Statutes Relating to Air Bag Installation Fraud States/Jurisdictions Statute California California Vehicle Code Cal. Code §27317. 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. Colorado Colo. Rev. Stat. §6-1-710. 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. §42-9-111Prohibited 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. §. 14-106d. 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 571.208. (b) A violation of subsection (a) of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b. 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 (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 571.208, as amended, and which is proper for the make, model, and year of the vehicle, as part of the vehicle inflatable restraint system. Delaware 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. State Statutes Relating to Air Bag Installation Fraud States/Jurisdictions Statute (b) Acts or practices by an automotive repair facility prohibited by subsection (a) of this section shall include but are not limited to: (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; Florida Fla. Stat .Ann. §860.145 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. 775.082, s. 775.083, or s. 775.084. Georgia Ga. Code Ann. § 16-9-111. 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. Hawaii No statute found in search. Idaho Idaho Code §49-967. 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.
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