PRINTER'S NO. 2077
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1476
Session of
2015
INTRODUCED BY BOBACK, V. BROWN, SCHLOSSBERG, DIAMOND, COHEN,
SAMUELSON, READSHAW, McNEILL, D. COSTA, ROZZI, MILLARD,
DeLUCA, MURT, GILLEN, GINGRICH AND MILNE, JULY 22, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 22, 2015
AN ACT
Providing for counterfeit airbag prevention; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Counterfeit
Airbag Prevention Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Airbag." All component parts of a motor vehicle inflatable
occupant restraint system, including, but not limited to, the
cover, sensors, controllers, inflators and wiring that:
(1) operates in the event of a crash; and
(2) is designed in accordance with the Federal Motor
Vehicle Safety Standards for the specific make, model and
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year of the motor vehicle in which it is or will be installed
as provided in 49 CFR 571.208 (relating to Standard No.208;
occupant crash protection).
"Counterfeit airbag." An airbag that bears without
authorization a mark identical or substantially similar to the
genuine mark of the manufacturer of a motor vehicle.
"Nonfunctional airbag." A replacement airbag that has been
previously deployed, damaged or has an electrical fault that is
detected by the vehicle diagnostic system after the installation
procedure is completed. Nonfunctional airbag shall also include
any object, including a counterfeit or repaired airbag or airbag
component, installed to deceive the vehicle owner or operator
into believing a functional airbag is installed.
"Person." A natural person, partnership, firm, corporation,
company, trust, association or an agent or employee of a
partnership, firm, corporation, trust or association.
Section 3. Prohibited conduct relating to counterfeit airbags.
It shall be unlawful for a person to do any of the following
if they know or reasonably should know that a product is a
counterfeit or nonfunctional airbag or does not meet Federal
safety requirements as provided in 49 CFR 571.208 (relating to
Standard No.208; occupant crash protection):
(1) Make, import, offer to distribute, distribute, offer
to sell or sell a counterfeit or a nonfunctional airbag.
(2) Install or reinstall a counterfeit airbag or a
nonfunctional airbag in any motor vehicle as that term is
defined in 75 Pa.C.S. ยง 102 (relating to definitions).
(3) Install or reinstall a counterfeit or nonfunctional
airbag so that the vehicle diagnostic system or any component
parts, including, but not limited to, any indicator lights,
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falsely displays or registers that an airbag is in proper
working order.
(4) Represent to another person a counterfeit airbag or
a nonfunctional airbag installed or reinstalled in a motor
vehicle as an airbag.
Section 4. Violations and civil penalties.
(a) Cause of action.--If there is an alleged violation of
this act, the Attorney General may bring a cause of action in
the name of the Commonwealth.
(b) Powers.--In any cause of action arising under this
section, the Attorney General is authorized to take proof, make
a determination of the relevant facts and issue subpoenas under
the act of December 17, 1968 (P.L.1224, No.387), known as the
Unfair Trade Practices and Consumer Protection Law.
(c) Injunctive relief.--If the court rules that the
defendant has violated this act, the court may issue an
injunction enjoining and restraining any further violation
without requiring proof that a person has been injured or
damaged by the defendant.
(d) Civil penalty.--If the court determines that a violation
of this act has occurred, the court may impose a civil penalty
as follows:
(1) For the first violation, the penalty for each
separate manufacture, importation, installation,
reinstallation, sale or offer for sale shall be $1,000.
(2) For a subsequent violation, the penalty shall be
$5,000 for each separate manufacture, importation,
installation, reinstallation, sale or offer for sale.
Section 5. Criminal penalty.
(a) General violation.--Except as provided in subsection
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(b), a person who violates section 3 commits a misdemeanor of
the second degree and shall, upon conviction, be sentenced to
pay a fine of not less than $2,500 nor more than $50,000 for
each separate offense or to imprisonment for a period of not
more than five years for each separate offense, or both, unless
the offense results in the bodily injury or death of an
individual.
(b) Specific violation.--If a person violates section 3 and
that violation results in the death or bodily injury of another
person, the person commits a felony of the third degree and
shall, upon conviction, be sentenced to pay a fine of not less
than $5,000 nor more than $75,000 for each separate offense or
to imprisonment for a period of not more than 20 years for each
separate offense, or both.
Section 6. Unintentional violations.
No person may be deemed to have violated the provisions of
this act if the 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 the error.
Section 7. Effective date.
This act shall take effect in 60 days.
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