HF4278

Purpose

• Establishes consumer protection rules to prevent the use of counterfeit supplemental restraint system components and nonfunctional airbags in motor vehicles, and to enforce penalties for violations. The bill aims to ensure airbags and related components meet federal safety standards and are properly installed and functioning.

Main Provisions

• Prohibits knowingly importing, manufacturing, selling, offering for sale, installing, or reinstalling counterfeit supplemental restraint system components, nonfunctional airbags, or any object that does not meet specified safety standards in a motor vehicle.
• Prohibits selling, offering for sale, installing, or reinstalling a device that makes a vehicle’s diagnostic system indicate that the vehicle has a properly functioning airbag when that is not true.
• Prohibits selling, leasing, trading, or transferring a motor vehicle if the seller knows counterfeit SRS components or nonfunctional airbags have been installed.
• Aligns requirements with federal standards by prohibiting actions that violate CFR provisions (specifically CFR title 49 section 571.208 for the make/model/year of the vehicle) and referencing relevant federal safety provisions.
• Creates exceptions allowing certain actions without penalty, including:
  • Installing, reinstalling, or replacing an airbag or other SRS component on a vehicle used solely for police work.
  • An owner or employee of a dealer or the vehicle owner who, before sale, does not know that the airbag or SRS component is counterfeit or nonfunctional.
• Establishes penalties for violations.

Key Definitions

• Counterfeit supplemental restraint system component: A replacement SRS component (including airbags) that bears a mark identical or substantially similar to a genuine manufacturer or supplier mark without authorization.
• Nonfunctional airbag: A replacement airbag that has been deployed or damaged, or has an electrical fault detected by the airbag diagnostic system after installation and return to the customer.
• Supplemental Restraint System (SRS): The system designed to protect vehicle occupants, including airbags and all components needed to ensure the airbag operates as designed and meets federal safety standards for the specific vehicle make, model, and year.
• Dealer, Manufacturer, Motor vehicle: Defined per the bill’s referenced statutory terms.
• Vehicle diagnostic deception: A device or setup that causes the vehicle’s diagnostic system to falsely indicate a functioning airbag.

Penalties

• Violating the prohibitions is a gross misdemeanor.

Relationship to Federal Law

• The bill relies on and references federal standards and safety requirements (e.g., CFR provisions) to determine whether components are counterfeit or nonfunctional, and to determine compliance with the vehicle’s safety systems.

Significance / Impact

• Strengthens consumer protection against unsafe airbag replacements.
• Encourages proper sourcing, installation, and verification of SRS components.
• Introduces a clear criminal penalty to deter counterfeit parts and misleading diagnostics.
• Provides narrowly tailored exceptions for police use and for dealership-related situations where the seller or vehicle owner did not know about the counterfeit or nonfunctional status before sale.

Relevant Terms - counterfeit supplemental restraint system component - nonfunctional airbag - supplemental restraint system (SRS) - CFR title 49 section 571.208 - CFR title 49 section 571.209 - United States Code title 49 section 30120j - vehicle diagnostic system - gross misdemeanor - dealer - police vehicle - make, model, and year (as it relates to compliance)