KRS § 434.415 — KY Code / Title XL / Chapter 434 / Section 434.415
434.415 Counterfeit, nonfunctional, and noncompliant airbags and restraint systems -- Penalties
Status: in_force

434.415 Counterfeit, nonfunctional, and noncompliant airbags and restraint

systems -- Penalties.

(1) As used in this section:

(a) "Airbag" means a motor vehicle inflatable occupant restraint system device

that is part of a supplemental restraint system;

(b) "Counterfeit supplemental restraint system component" means a replacement

supplemental restraint system component, including but not limited to an

airbag, that displays a mark identical to, or substantially similar to, the

genuine mark of a motor vehicle manufacturer or a supplier of parts to the

manufacturer of a motor vehicle without authorization from that manufacturer

or supplier, respectively;

(c) "Nonfunctional airbag" means a replacement airbag that meets any of the

following criteria:

1. The airbag was previously deployed or damaged;

2. The airbag has an electric fault that is detected by the vehicle's airbag

diagnostic system when the installation procedure is completed and the

vehicle is returned to the customer who requested the work to be

performed or when ownership is intended to be transferred;

3. The airbag includes a part or object, including a supplemental restraint

system component, that is installed in a motor vehicle to mislead the

owner or operator of the motor vehicle into believing that a functional

airbag has been installed; or

4. The airbag is subject to the provisions of 49 U.S.C. sec. 30120(j); and

(d) "Supplemental restraint system" means a passive inflatable motor vehicle

occupant crash protection system designed for use in conjunction with a seat

belt assembly as defined in 49 C.F.R. sec. 571.209. A supplemental restraint

system includes one (1) or more airbags and all components required to ensure

that an airbag works as designed by the vehicle manufacturer, including both

of the following:

1. The airbag operates as designed in the event of a crash; and

2. The airbag is designed to meet federal motor vehicle safety standards for

the specific make, model, and year of the vehicle in which it is or will be

installed.

(2) Notwithstanding KRS Chapter 534, a person who does any of the following 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:

(a) Knowingly imports, manufactures, sells, offers for sale, installs, or reinstalls

in a motor vehicle, a counterfeit supplemental restraint system component, a

nonfunctional airbag, or an object that does not comply with Federal Motor

Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 571.208 for the

make, model, and year of the motor vehicle;

(b) Knowingly sells, offers for sale, installs, or reinstalls in any motor vehicle a

device that causes a motor vehicle's diagnostic system to inaccurately indicate

that the motor vehicle is equipped with a properly functioning airbag; or

(c) Knowingly sells, leases, trades, or transfers a motor vehicle if the person

knows that a counterfeit supplemental restraint system component, a

nonfunctional airbag, or an object that does not comply with Federal Motor

Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 571.208 for the

make, model, and year of the motor vehicle has been installed as part of the

motor vehicle's inflatable restraint system.

(3) This section shall not apply to an owner or employee of a motor vehicle dealership

or the owner of a vehicle, who, before the sale of the vehicle, does not have

knowledge that the vehicle's airbag, or another component of the vehicle's

supplemental restraint system, is counterfeit or nonfunctioning.