Ga. Code § 16-9-111

Current through 2023-2024 Legislative Session Chapter 709
Section 16-9-111 - Importation, manufacture, selling, offering for sale, installation, or reinstallation of counterfeit, nonfunctional, and such other types of air bags
(a) As used in this Code section, the term:
(1) "Air bag" means a device that is part of a motor vehicle inflatable occupant restraint system, and all component parts, that operate in the event of a collision and is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems.
(2) "Counterfeit air bag" means a replacement device that is part of a motor vehicle inflatable occupant restraint system, and any replacement component parts, that are intended to operate in the event of a collision, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems that bear, without authorization, a mark identical or substantially similar to the genuine mark of the manufacturer for the specific motor vehicle or a supplier of parts to the manufacturer of the specific motor vehicle.
(3) "Nonfunctional air bag" means a replacement device that is part of a motor vehicle inflatable occupant restraint system, and any replacement component parts, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems that:
(A) Has been deployed or damaged;
(B) Has an electric fault that is detected by the vehicle's diagnostic system after the installation procedure is completed; or
(C) Includes any object, including, but not limited to, a counterfeit air bag or repaired air bag, air bag component, or other component intended to deceive a vehicle owner or operator into believing that it is a functional air bag.
(b) A person shall not knowingly and intentionally:
(1) Import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle a counterfeit air bag, nonfunctional air bag, or other device intended to replace a motor vehicle inflatable occupant restraint system, or any component parts, that are intended to operate in the event of a collision, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems, that such person knows was not designed to comply with federal motor vehicle safety standards for the specific make, model, and year of such motor vehicle; or
(2) Sell, offer for sale, install, or reinstall in a motor vehicle any device that causes such motor vehicle's diagnostic system to inaccurately indicate that such motor vehicle is equipped with a properly functioning air bag.
(c) Any person who is convicted of violating this Code section shall be guilty of and punished as for a misdemeanor of a high and aggravated nature.

OCGA § 16-9-111

Amended by 2017 Ga. Laws 254,§ 1, eff. 7/1/2017.
Added by 2002 Ga. Laws 776, § 1, eff. 7/1/2002.