PROHIBIT COUNTERFEIT/NONFUNCTIONAL AIRBAGS.

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View NCGA Bill Details2019-2020 Session
House Bill 546 (Public) Filed Tuesday, April 2, 2019
AN ACT TO PROHIBIT THE IMPORT, MANUFACTURE, SALE, OFFER OF SALE, INSTALLATION, OR REINSTALLATION OF COUNTERFEIT AND NONFUNCTIONAL AIRBAGS.
Intro. by Faircloth, R. Turner, Cleveland, McNeill.

Status: Ch. SL 2019-155 (Jul 22 2019)

SOG comments (1):

Identical bill

Identical to S 589, filed 4/3/19.

Bill History:

H 546/S.L. 2019-155

Bill Summaries:

  • Summary date: Jul 22 2019 - View Summary

    AN ACT TO PROHIBIT THE IMPORT, MANUFACTURE, SALE, OFFER OF SALE, INSTALLATION, OR REINSTALLATION OF COUNTERFEIT AND NONFUNCTIONAL AIRBAGS. SL 2019-155. Enacted July 22, 2019. Effective October 1, 2019.


  • Summary date: Jun 20 2019 - View Summary

    Senate committee substitute to the 3rd edition makes the following changes.

    Clarifies the proposed language in GS 20-136.2 multiple times by making the provisions applicable to and inclusive of the entire statute (was, subdivision).


  • Summary date: Apr 16 2019 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Amends GS 20-136.2 by clarifying that a violation constitutes an unfair and deceptive trade practice. 


  • Summary date: Apr 15 2019 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends GS 20-71.4 further by adding that if the owners of a franchised motor vehicle dealer have no actual knowledge that a counterfeit supplemental restraint system, or a nonfunctional airbag has been installed in a vehicle, knowledge by any other person will not be imputed to the dealer or its owners and the dealer or its owners are not deemed to have committed an unlawful act under new (a)(3).

    Amends GS 20-136.2 to make it illegal to knowingly import, manufacture, sell, offer for sale, distribute, install, or reinstall a counterfeit supplemental restraint system or nonfunctional airbag in any motor vehicle, or other component device that causes a motor vehicle to fail to meet federal motor vehicle safety standards (was, any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit component, nonfunctional airbag, or causes a vehicle to fail to meet federal motor vehicle safety standards). Violations are a Class 1 misdemeanor and constitute an unfair and deceptive trade practice. Violations that contribute to a person's physical injury or death, are a Class H felony (in the previous edition, all violations were a Class H felony). Adds that if a franchised motor vehicle dealer or its owners have no actual knowledge that a counterfeit supplemental restraint system, nonfunctional airbag, or other component device has been imported, manufactured, sold, offered for sale, installed, or reinstalled in lieu of a supplemental restraint system component at the dealer's place of business or elsewhere, knowledge by any other person will not be imputed to the dealer or its owners and the dealer or its owners are not deemed to have committed an unlawful act and will not have criminal liability. 

    Changes the effective date of the act to October (was, December) 1, 2019. 


  • Summary date: Apr 2 2019 - View Summary

    Amends GS 20-4.01, which sets out the definitions that apply to GS Chapter 20 by adding and defining the terms airbag, counterfeit supplemental restraint system component, nonfunctional airbag, and supplemental restraint system.

    Amends GS 20-71.4 to make it illegal to transfer a motor vehicle when the transferor has knowledge that a counterfeit supplemental restrain system, or a nonfunctional airbag, or no airbag has been installed in the vehicle.

    Amends GS 20-136.2 to make it illegal to knowingly import, manufacture, sell, offer for sale, distribute, install, or reinstall any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit component, nonfunctional airbag, or causes a vehicle to fail to meet federal motor vehicle safety standards. Violations are a Class H felony and constitute an unfair and deceptive trade practice. Previously the statute only addressed airbags and violations were a Class 1 misdemeanor. Adds that nothing in the statute prohibits auto dealers, repair professionals, recyclers, original equipment manufactures, or contractors from disposing of counterfeit supplemental restraint system components or nonfunctional airbags in accordance with federal and state law.

    Applies to offenses committed on or after December 1, 2019.