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.
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
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.