(1) In this section: (a) “Airbag” means any component of a passive inflatable motor vehicle occupant crash protection system designed by a motor vehicle manufacturer to operate in the event of a collision and designed to meet federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed. (b) “Counterfeit airbag” means a replacement airbag, or an airbag component, that displays an unauthorized mark substantially similar to the mark of an original equipment manufacturer or a genuine supplier of parts to the manufacturer of a motor vehicle. (c) “Nonfunctional airbag” means a replacement airbag to which any of the following applies: 1. The replacement airbag was previously deployed or damaged. 2. The replacement airbag has an electric fault that is detected by the motor vehicle’s diagnostic system when the installation procedure is completed and the motor vehicle is returned to the motor vehicle owner or transferred to a new owner. 3. The replacement airbag includes a part or object intended to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed. 4. The replacement airbag is prohibited from being sold under 49 USC 30120 (j). (d) “Replacement airbag” means an airbag intended to replace an original equipment manufacturer’s airbag that is faulty, has deployed, was stolen, has been recalled, or is part of a motor vehicle restoration. (2) No person may, either personally or through an agent, import, manufacture, sell, offer for sale, install, reinstall, or distribute any previously deployed airbag or nonfunctional airbag. This subsection does not apply to the sale or transfer of a motor vehicle with a previously deployed airbag unless the deployment is concealed or disguised. (3) No person may, either personally or through an agent, remove, disconnect, tamper with, or otherwise circumvent the operation of any airbag, except for the purpose of testing, repairing, or maintaining an airbag, salvaging an undeployed airbag, disposing of a deployed airbag, or replacing a deployed airbag with a functional airbag. This subsection does not apply to the installation or use of an on-off switch by any person who is authorized by federal law or regulation to install or use an on-off switch for an airbag. (4) No person may, either personally or through an agent, install a cover or otherwise conceal or disguise a missing airbag or a previously deployed airbag. (5) No person may, either personally or through an agent, import, manufacture, sell, offer for sale, install, reinstall, or distribute a counterfeit airbag. (6) This section does not apply to any of the following: (a) A person installing, reinstalling, or replacing an airbag or other component of a passive inflatable motor vehicle occupant crash protection system in a motor vehicle used exclusively for police work. (b) An owner or employee of a motor vehicle dealership or the owner of a motor vehicle who, before the sale of the vehicle, does not have knowledge that the vehicle’s airbag, or another component of the vehicle’s passive inflatable motor vehicle occupant crash protection system is counterfeit or nonfunctional. (c) A person who transfers a vehicle title to an insurance company to satisfy an insurance claim when the insurance company declares the motor vehicle to be an actual total loss or constructive total loss. (d) An insurance company, salvage yard, or other entity that sells, recycles, or otherwise disposes of a motor vehicle as authorized by law or regulation.
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