§ 750.421dImporting, manufacturing, selling, distributing, installing, or reinstalling

counterfeit supplemental restraint system or nonfunctional airbag; penalties;
 applicability of section; definitions.
 Sec. 421d.
    (1) A person shall not do any of the following:
    (a) Knowingly and intentionally import, manufacture, sell, offer for sale, distribute, install,
 or reinstall in a motor vehicle a device intended to replace a supplemental restraint system
 component if the device is a counterfeit supplemental restraint system component, a
 nonfunctional airbag, or an object that the person knows was not designed to comply with 49
 CFR 571.208 for the make, model, and year of that motor vehicle.
    (b) Knowingly and intentionally sell, offer for sale, install, or reinstall in any motor vehicle
 a device that the person knows will cause a motor vehicle's diagnostic system to inaccurately
 indicate that the motor vehicle is equipped with a properly functioning supplemental restraint
 system.
    (c) Knowingly and intentionally sell, lease, or trade a motor vehicle to a consumer if the
 person has actual knowledge that a counterfeit supplemental restraint system component, a
 nonfunctional airbag, or an object that the person has actual knowledge was not designed to


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 comply with 49 CFR 571.208 for the make, model, and year of the motor vehicle has been
 installed as part of the motor vehicle's inflatable restraint system.
    (2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment
 for not more than 4 years or a fine of not more than $10,000.00, or both.
    (3) This section does not apply to the owner or employee of a new or used motor vehicle
 dealership who does not have actual knowledge of the presence of a counterfeit supplemental
 restraint system component or nonfunctional airbag before it is sold.
    (4) This section does not create a duty for or require the owner or employee of a new or
 used motor vehicle dealership to inspect any vehicle in the motor vehicle dealership's
 possession for counterfeit supplemental restraint system components or nonfunctional airbags
 before the sale of the vehicle.
    (5) This section does not apply to a person who installs a motor vehicle airbag used solely
 for research and development of airbag technology on motor vehicles that will not be driven
 on public roadways.
    (6) As used in this section:
    (a) "Airbag" means a motor vehicle inflatable occupant restraint system device that is part
 of a supplemental restraint system.
    (b) "Counterfeit supplemental restraint system component" means a replacement
 supplemental restraint system component that displays a mark that is identical or substantially
 similar to the genuine mark of a manufacturer or a supplier of parts to a manufacturer without
 authorization from the manufacturer or supplier.
    (c) "Nonfunctional airbag" means a replacement airbag to which 1 or more of the following
 applies:
    (i) The airbag was previously deployed or damaged.
    (ii) The airbag has an electric fault that is detected by a motor vehicle's diagnostic system
 when the installation procedure is complete and the motor vehicle is returned to the customer
 who requested the work to be performed or when ownership of the vehicle is intended to be
 transferred.
    (iii) The airbag includes a part or object, including, but not limited to, a supplemental
 restraint system component installed in a motor vehicle to mislead the owner or operator of the
 motor vehicle into believing that a functional airbag has been installed.
    (iv) The airbag violates 49 USC 30120(j).
    (d) "Supplemental restraint system" means an inflatable restraint system as that term is
 defined in 49 CFR 571.208 that is designed for use in conjunction with active restraint
 systems. Supplemental restraint system includes 1 or more airbags and all components
 required to ensure that an airbag functions as designed by the manufacturer, including, but not
 limited to, all of the following:
    (i) That the airbag will operate as necessary in the event of a crash.
    (ii) That the airbag is designed in accordance with federal motor vehicle safety standards for
 the make, model, and year of the motor vehicle in which it is or will be installed.