H.B. 546
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 2, 2019
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40253-MW-84H
Short Title: Prohibit Counterfeit/Nonfunctional Airbags. (Public)
Sponsors: Representative Faircloth.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROHIBIT THE IMPORT, MANUFACTURE, SALE, OFFER OF SALE,
3 INSTALLATION, OR REINSTALLATION OF COUNTERFEIT AND
4 NONFUNCTIONAL AIRBAGS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 20-4.01 reads as rewritten:
7 "§ 20-4.01. Definitions.
8 Unless the context requires otherwise, the following definitions apply throughout this
9 Chapter to the defined words and phrases and their cognates:
10 (1) Airbag. – A motor vehicle inflatable occupant restraint system device that is
11 part of a supplemental restraint system.
12 …
13 (4b) Counterfeit supplemental restraint system component. – A replacement
14 supplemental restraint system component, including an airbag, that displays a
15 mark identical to, or substantially similar to, the genuine mark of a motor
16 vehicle manufacturer or a supplier of parts to the manufacturer of a motor
17 vehicle, without authorization from the manufacturer or supplier.
18 (4b)(4c) Crash. – Any event that results in injury or property damage attributable
19 directly to the motion of a motor vehicle or its load. The terms collision,
20 accident, and crash and their cognates are synonymous.
21 …
22 (23a) Nonfunctional airbag. – A replacement airbag that meets any of the following
23 criteria:
24 a. The airbag was previously deployed or damaged.
25 b. The airbag has an electric fault that is detected by the vehicle's airbag
26 diagnostic systems when the installation procedure is completed and
27 the vehicle is returned to the customer who requested the work to be
28 performed or when ownership is intended to be transferred.
29 c. The airbag includes a part or object, including a supplemental restraint
30 system component that is installed in a motor vehicle to mislead the
31 owner or operator of the motor vehicle into believing that a functional
32 airbag has been installed.
33 d. The airbag is subject to the prohibitions of 49 U.S.C. 30120(j).
34 …
35 (46a) Supplemental restraint system. – A passive inflatable motor vehicle occupant
36 crash protection system designed for use in conjunction with a seat belt
*DRH40253-MW-84H*
 General Assembly Of North Carolina Session 2019
1 assembly as defined in 49 C.F.R. § 571.209, and includes one or more airbags
2 and all components required to ensure that an airbag works as designed by the
3 vehicle manufacturer, including both of the following:
4 a. The airbag operates as designed in the event of a crash.
5 b. The airbag is designed in accordance with federal motor vehicle safety
6 standards for the specific make, model, and year of the motor vehicle
7 in which it is or will be installed.
8 …."
9 SECTION 2. G.S. 20-71.4(a) is amended by adding a new subdivision to read:
10 "(3) Transfer a motor vehicle when the transferor has knowledge that a counterfeit
11 supplemental restraint system, or a nonfunctional airbag, or no airbag has been
12 installed in the vehicle."
13 SECTION 3. G.S. 20-136.2 reads as rewritten:
14 "§ 20-136.2. Air bag installation.Counterfeit supplemental restraint system components
15 and nonfunctional airbags.
16 (a) It shall be unlawful for any person, firm, or corporation to knowingly import,
17 manufacture, sell, offer for sale, distribute, install or reinstall any object in lieu of an air bag,
18 other than an air bag that was designed in accordance with federal safety regulations for the make,
19 model, and year of vehicle, as part of a vehicle inflation restraint system. any device intended to
20 replace a supplemental restraint system component in any motor vehicle if the device is a
21 counterfeit supplemental restraint system component, nonfunctional airbag, or causes a vehicle
22 to fail to meet federal motor vehicle safety standards as provided in 49 C.F.R. § 571.208. Any
23 person, firm, or corporation violating this section shall be guilty of a Class 1 misdemeanor.Class
24 H felony and constitutes an unfair and deceptive trade practice under G.S. 75-1.1.
25 (b) Nothing in this section is intended to prohibit automotive dealers, repair professionals,
26 recyclers, original equipment manufacturers, or contractors from disposing of counterfeit
27 supplemental restraint system components or nonfunctional airbags in accordance with federal
28 and State law."
29 SECTION 4. This act becomes effective December 1, 2019, and applies to offenses
30 committed on or after that date.
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Statutes affected:
Filed: 20-4.01, 20-71.4, 20-136.2
Edition 1: 20-4.01, 20-71.4, 20-136.2
Edition 2: 20-4.01, 20-71.4, 20-136.2
Edition 3: 20-4.01, 20-71.4, 20-136.2
Edition 4: 20-4.01, 20-71.4, 20-136.2
Ratified: 20-4.01, 20-71.4, 20-136.2
SL 2019-155: 20-4.01, 20-71.4, 20-136.2