NY State Senate Bill 2021-S8513

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2022	referred to transportation

2021-S8513 (ACTIVE) - Details

See Assembly Version of this Bill:: A7423
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §398-d sub 6 ¶(e), §415-c, add §415-c, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S6502, S9496, A6057

2021-S8513 (ACTIVE) - Summary

Provides for the sale of salvaged airbags.

2021-S8513 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8513

SPONSOR: KENNEDY
 
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 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 estab-
lished by a nationally  recognized  testing,  engineering  and  research
body.

  Section  2  -  repeals  Section  415-c of the vehicle and traffic law,
relating 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 market 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
a cost savings to the consumer.

2021-S8513 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8513
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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:
 
   Section  1.  Paragraph  (e)  of  subdivision 6 of section 398-d of the
 vehicle and traffic law is REPEALED.
   § 2. Section 415-c of the vehicle and traffic law is  REPEALED  and  a
 new section 415-c is added to read as follows:
   §  415-C. SALE OF ORIGINAL EQUIPMENT NON-DEPLOYED RECYCLED AIRBAGS. 1.
 ANY RECYCLED AIRBAG OFFERED FOR  SALE  SHALL  BE  NON-DEPLOYED  ORIGINAL
 EQUIPMENT  REMOVED  FROM  A  SALVAGED  VEHICLE, AND INSTALLED IN ANOTHER
 VEHICLE FOR WHICH IT IS A CORRECT REPLACEMENT PART.  THIS SECTION  SHALL
 NOT  APPLY  TO  THE  SALE  OF  REBUILT, RE-MANUFACTURED, OR NON-ORIGINAL
 EQUIPMENT AIRBAGS OR AIRBAG SYSTEM  COMPONENTS,  OR  TO  ANY  AIRBAG  OR
 AIRBAG  SYSTEM THAT HAS BEEN DISASSEMBLED, ALTERED, REPAIRED, OR HAS HAD
 ANY PARTS REMOVED OR REPLACED.
   2. A NON-DEPLOYED RECYCLED AIRBAG THAT IS UNDER AN ACTIVE MANUFACTURER
 RECALL SHALL NOT BE OFFERED FOR SALE.
   3. PRIOR TO SALE, A PROVIDER OF NON-DEPLOYED  RECYCLED  AIRBAGS  SHALL
 CONDUCT  AN  INSPECTION OF SUCH AIRBAGS, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) THE IDENTIFICATION AND RECORDING OF THE VEHICLE YEAR, MAKE, MODEL,
 VEHICLE IDENTIFICATION NUMBER, AND AIRBAG TRIM COLOR OF THE VEHICLE THAT
 THE NON-DEPLOYED RECYCLED AIRBAG WAS REMOVED FROM; AND
   (B) A VISUAL INSPECTION OF THE AIRBAG, THE AIRBAG SYSTEM,  THE  AIRBAG
 MODULE  COVER, AND ELECTRICAL CONNECTORS, INCLUDING REVIEW FOR ANY SIGNS
 OF DAMAGE OR CONTAMINATION.
   4.  UPON THE SALE OF A  NON-DEPLOYED  RECYCLED  AIRBAG,  THE  PROVIDER
 SHALL  PROVIDE  THE  BUYER WITH A WRITTEN CERTIFICATION OF THE FOLLOWING
 INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14900-01-2

 S. 8513                             2
 
   (A) THE IDENTITY OF THE PERSON  OR  ENTITY  SELLING  THE  NON-DEPLOYED
 RECYCLED AIRBAG;
   (B)  THE  YEAR,  MAKE, MODEL, AND VEHICLE IDENTIFICATION NUMBER OF THE
 VEHICLE RECEIVING THE NON-DEPLOYED RECYCLED AIRBAG;
   (C) THE IDENTIFICATION OF THE VEHICLE THAT THE  NON-DEPLOYED  RECYCLED
 AIRBAG  WAS  REMOVED  FROM, INCLUDING THE YEAR, MAKE, MODEL, AND VEHICLE
 IDENTIFICATION NUMBER;
   (D) THE SUPPLIER'S INTERNAL STOCK NUMBER FOR THE NON-DEPLOYED RECYCLED
 AIRBAG;
   (E) THAT THE NON-DEPLOYED RECYCLED AIRBAG IS AN APPROPRIATE  PART  FOR
 THE VEHICLE RECEIVING THE NON-DEPLOYED RECYCLED AIRBAG; AND
   (F)  THAT  ALL  OF THE REQUIREMENTS OF THE INSPECTION AS PRESCRIBED IN
 SUBDIVISION THREE OF THIS SECTION HAVE BEEN MET.
   § 3. This act shall take effect immediately.

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Senate Bill S8513

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S8513 (ACTIVE) - Details

2021-S8513 (ACTIVE) - Summary

2021-S8513 (ACTIVE) - Sponsor Memo

2021-S8513 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8513

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S8513 (ACTIVE) - Details

2021-S8513 (ACTIVE) - Summary

2021-S8513 (ACTIVE) - Sponsor Memo

2021-S8513 (ACTIVE) - Bill Text download pdf

Comments