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A06057 Summary:

BILL NOA06057A
 
SAME ASSAME AS S06502-A
 
SPONSORStirpe
 
COSPNSRSimon, Jean-Pierre
 
MLTSPNSR
 
Rpld 398-d sub 6 (e), 415-c, add 415-c, V & T L
 
Provides for the sale of salvaged airbags; allows for the sale of non-deployed recycled airbags in New York, provided that such airbags meet required safety standards.
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A06057 Actions:

BILL NOA06057A
 
03/31/2023referred to transportation
01/03/2024referred to transportation
03/19/2024amend and recommit to transportation
03/19/2024print number 6057a
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A06057 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6057A
 
SPONSOR: Stirpe
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the sale of salvaged airbags; and to repeal certain provisions of such law relating thereto   PURPOSE: To allow the sale of non-deployed recycled airbags in New York, provided that such airbags pass required safety standards.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 - repeals paragraph (e) of subdivision (6) of section 398-d of the vehicle and traffic law, which prevents the sale of recycled airbags unless such airbag is certified according to standards established by a nationally recognized testing, engineering and research body. Section 2 - repeals Section 415-c of the vehicle and traffic law, relat- ing to the restriction on the sale of salvaged inflatable restraint systems. It also adds a new section 415-c, governing the sale of non-de- ployed recycled airbags. Section 3 - sets the effective date.   JUSTIFICATION: New York law requires anyone attempting to sell airbags that are salvaged from another vehicle (non-deployed recycled airbags) to have it certified according to the standards established by a nationally recog- nized testing, engineering, and research body approved by the Commis- sioner of DMV in consultation with the Superintendent of DFS. While this law has been in effect since 1998, an appropriate testing and engi- neering body was never created, which has therefore rendered all sale of salvaged airbags illegal in New York State. New York State is the only state in the country in which it is functionally illegal to sell non-de- ployed recycled airbags. However, it is not illegal for repair shops to install non-deployed recycled airbags in New York, meaning that repair shops often go to neighboring states to purchase non-deployed recycled airbags and install them in New York, putting New York recycled parts dealers at an unneces- sary disadvantage. Further, due to the high cost of purchasing a new airbag compared to a non-deployed recycled airbag, many vehicles involved in collisions in New York are totaled by insurers, when they would not be in other states. In other states, an insurer will often allow the deployed airbag to be replaced with a non-deployed recycled airbag, ultimately providing cost savings to the consumer.   LEGISLATIVE HISTORY: 2021: A.7423 Referred to Transportation 2022: A.7423/S.8513 Referred to Transportation/ Senate Transportation   FISCAL IMPACT: None to state   EFFECTIVE DATE: This act shall take effect 180 days after it shall have become law
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A06057 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6057--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 31, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  STIRPE,  SIMON, JEAN-PIERRE -- read once and
          referred to the Committee on  Transportation  --  recommitted  to  the
          Committee on Transportation in accordance with Assembly Rule 3, sec. 2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to the sale  of
          salvaged  airbags; and to repeal certain provisions of such law relat-
          ing thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (e)  of  subdivision 6 of section 398-d of the
     2  vehicle and traffic law is REPEALED.
     3    § 2. Section 415-c of the vehicle and traffic law is  REPEALED  and  a
     4  new section 415-c is added to read as follows:
     5    §  415-c. Sale of original equipment non-deployed recycled airbags. 1.
     6  Any recycled airbag offered for  sale  shall  be  non-deployed  original
     7  equipment  removed  from  a  salvaged  vehicle, and installed in another
     8  vehicle for which it is a correct replacement part.  This section  shall
     9  not  apply  to  the  sale  of  rebuilt, re-manufactured, or non-original
    10  equipment airbags or airbag system  components,  or  to  any  airbag  or
    11  airbag  system that has been disassembled, altered, repaired, or has had
    12  any parts removed or replaced.
    13    2. A non-deployed recycled airbag that is under an active manufacturer
    14  recall, comes from a flood vehicle as determined by the commissioner, or
    15  that does not have an identifiable serial number, shall not  be  offered
    16  for sale.
    17    3.  Prior  to  sale, a provider of non-deployed recycled airbags shall
    18  conduct an inspection of such airbags, which shall include, but  not  be
    19  limited to:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01805-05-4

        A. 6057--A                          2
 
     1    (a) The identification and recording of the vehicle year, make, model,
     2  vehicle identification number, and airbag trim color of the vehicle that
     3  the non-deployed recycled airbag was removed from; and
     4    (b)  A  visual inspection of the airbag, the airbag system, the airbag
     5  module cover, and electrical connectors, including review for any  signs
     6  of damage or contamination.
     7    4.    Upon  the  sale  of a non-deployed recycled airbag, the provider
     8  shall provide the buyer with a written certification  of  the  following
     9  information:
    10    (a)  the  identity  of  the  person or entity selling the non-deployed
    11  recycled airbag;
    12    (b) the year, make, model, and vehicle identification  number  of  the
    13  vehicle receiving the non-deployed recycled airbag;
    14    (c)  the  identification of the vehicle that the non-deployed recycled
    15  airbag was removed from, including the year, make,  model,  and  vehicle
    16  identification number;
    17    (d) the supplier's internal stock number for the non-deployed recycled
    18  airbag;
    19    (e)  that  the non-deployed recycled airbag is an appropriate part for
    20  the vehicle receiving the non-deployed recycled airbag; and
    21    (f) that all of the requirements of the inspection  as  prescribed  in
    22  subdivision three of this section have been met.
    23    5.  A non-deployed recycled airbag shall only be offered for sale by a
    24  vehicle dismantler that is registered pursuant to section  four  hundred
    25  fifteen-a of this article.
    26    § 3. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
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