Rhode Island Gov. Donald L. Carcieri has signed R.H.S. 2514, the
Automobile Airbag Fraud Prevention Act. The act had been
introduced in Feb. by Sens. Joshua Miller, D-District 28, and
David Bates, R-District 32. The new law seeks to combat airbag
fraud.
The act outlines the actions that would constitute 'deceptive trade practices,' including when:
- A person installs or reinstalls, as part of a vehicle
inflatable occupant restraint system, any object in lieu of an
airbag, including any light manipulating system;
- A person sells or offers for sale any device with the
intent that such device will replace an airbag in any motor
vehicle if such person knows or reasonably should know that such
device does not meet federal safety requirements;
- A person sells or offers for sale any device that when
installed in any motor vehicle gives the impression that a
viable airbag is installed in that vehicle, including any light
manipulating system; and/or
- Any person intentionally misrepresents the presence of an airbag when one does not exist.
PAGE 2
In addition, the act outlines restrictions regarding the purchase, sale or installation of a new or salvaged airbag. The following highlights some of these restrictions:
- Any person engaged in the business of purchasing,
selling or installing salvaged airbags shall maintain a manual
and/or electronic record of the purchase, sale or installation,
which shall include the identification number of the airbag; the
vehicle identification number of the motor vehicle from which
the salvaged airbag was removed; the name, address and driver’s
license number or other means of identification of the person
from whom the salvaged airbag was purchased; and, in the event
that the salvaged airbag is installed, the vehicle
identification number of the vehicle into which the airbag is
installed. No new or salvaged airbag shall be sold or installed
that is or has been subject to a specific manufacturer’s or
appropriate authority’s notice of recall.
- Any person who sells a salvaged airbag or who installs a
salvaged airbag must disclose to the purchaser and vehicle owner
that the airbag is salvaged.
- All records must be maintained for not less than five years following the transaction, and may be inspected during normal business hours by any law enforcement officer of this state or other authorized representative of the agency charged with administration of this chapter. br>
- Upon request, information within a portion of such record pertaining to a specific transaction must be provided to the insurer and the vehicle owner.
