§ 349-e. Counterfeit and non-functional airbags. 1. As used in this
section:

(a) "Airbag" shall mean any component of an inflatable restraint
system, as such term is defined in section one hundred nineteen-b of the
vehicle and traffic law, and that is designed for the specific make,
model, and year of the motor vehicle to be installed and to operate in
the event of a crash. Airbag components include but are not limited to
the cover, sensors, controllers, inflator, wiring, and the airbag
itself.

(b) "Counterfeit airbag" shall mean an airbag that bears, without
authorization, a mark identical with, or substantially similar to, the
genuine mark of the manufacturer of such motor vehicle.

(c) "Non-functional airbag" shall mean a replacement airbag that has
been previously deployed or damaged, or that has an electrical fault
that is detected by the readiness indicator light, as such term is
defined in section one hundred nineteen-b of the vehicle and traffic
law, after the installation procedure is completed. "Non-functional
airbag" shall also mean any object, including a counterfeit or repaired
airbag component installed to deceive the vehicle owner or operator into
believing a functional airbag is installed.

(d) "Person" shall mean any person, partnership, firm, corporation,
company, trust, association, or any agent or employee thereof.

2. (a) It shall be unlawful for any person to knowingly:

(i) make, offer to distribute or distribute, offer to sell or sell a
counterfeit or a non-functional airbag;

(ii) install or reinstall a counterfeit airbag or a non-functional
airbag in any motor vehicle, as that term is defined in section one
hundred twenty-five of the vehicle and traffic law;

(iii) offer to distribute or distribute, offer to sell or sell,
install or reinstall a counterfeit or non-functional airbag so that the
readiness indicator light, as such term is defined in section one
hundred nineteen-b of the vehicle and traffic law, falsely displays that
the airbag is in proper working order; or

(iv) represent to another person that a counterfeit airbag or a
non-functional airbag installed or reinstalled in a motor vehicle is an
airbag.

(b) Any person who violates any provision of this subdivision is
guilty of a class A misdemeanor punishable as provided for in the penal
law.

3. Whenever there shall be a violation of this section involving
twenty-five or more counterfeit and/or non-functional airbags, or any
second or subsequent violation of subdivision two of this section,
application may be made by the attorney general in the name of the
people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violation; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this section, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In connection with any such proposed application, the attorney
general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil
practice law and rules. Any person who violates this section and such
violation involves twenty-five or more counterfeit and/or non-functional
airbags, or a second or subsequent violation of subdivision two of this
section shall be subject to a civil penalty of not more than one
thousand dollars for each violation. No person shall be deemed to have
violated the provisions of this section if such 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 such error.