North Dakota Code § 39-21-56

Definitions - Prohibition on counterfeit and nonfunctional airbag - Penalty
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1. As used in this section:
a. "Airbag" means an inflatable occupant restraint system device in a motor vehicle 
which is part of a supplemental restraint system.
b. "Counterfeit supplemental restraint system component" means a replacement 
supplemental restraint system component that displays a mark identical, or 
substantially similar to, the genuine mark of a motor vehicle manufacturer or a 
supplier of parts to the manufacturer of a motor vehicle without authorization from 
that manufacturer or supplier.
c. "Nonfunctional airbag" means a replacement airbag that:
(1) Was previously deployed or damaged;
(2) Has an electric fault that is detected by the motor vehicle's airbag diagnostic 
systems when the installation procedure is completed and the motor vehicle 
is returned to the customer who requested the work to be performed or 
when ownership is intended to be transferred;
(3) Includes a part or object, including a supplemental restraint system 
component, which is installed in a motor vehicle to mislead the owner or 
operator of the motor vehicle into believing a functional airbag has been 
installed; or
(4) Is subject to the prohibitions of 49 U.S.C. 30120(j).
d. "Supplemental restraint system" means a passive inflatable motor vehicle crash 
protection system designed for use in conjunction with active restraint systems as 
defined in title 49, Code of Federal Regulations, part 571, section 208, which 
includes one or more airbags and all components required to ensure an airbag 
works as designed by the motor vehicle manufacturer including:
(1) Operating as designed in the event of a crash; and
(2) Is designed in accordance with federal motor vehicle safety standards of the 
specific make, model, and year of the motor vehicle in which the airbag is or 
will be installed.
2. A person may not intentionally or knowingly:
a. Manufacture, import, install, reinstall, distribute, sell, or offer for sale any device 
intended to replace a supplemental restraint system component in any motor 
vehicle if the device is a counterfeit supplemental restraint system component, 
nonfunctional airbag, or a device that does not meet the federal motor vehicle 
safety standards as provided under title 49, Code of Federal Regulations, 
part 571, section 208.
b. Sell, install, or reinstall in a motor vehicle, any device that causes the motor 
vehicle's diagnostic systems to fail to warn when the motor vehicle is equipped 
with a counterfeit supplemental restraints system component or nonfunctional 
airbag, or when an airbag is not installed.
3. Subsection 2 does not prohibit a motor vehicle dealer, repair facility, manufacturer, or 
other entity from taking action to collect and dispose of used or recalled supplemental 
restraint system components in accordance with federal law.
4. A person that violates subsection 2 is guilty of a class A misdemeanor.

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