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H. B. No. 177 As IntroducedAs Introduced
|130th General Assembly|
Representatives Duffey, Buchy, Cera, Reece, Patmon, Mallory, Beck
To amend section 4549.20 of the Revised Code to
prohibit the manufacture, import, or sale of a
counterfeit or nonfunctional motor vehicle air
bag, to prohibit the sale, installation, or
reinstallation of a device in a motor vehicle that
causes the vehicle's diagnostic system to
inaccurately indicate that the vehicle is equipped
with a functional air bag, and to increase the
penalty for improper replacement of a motor
vehicle air bag if the violation results in the
bodily injury or death of an individual.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4549.20 of the Revised Code be
amended to read as follows:
Sec. 4549.20. (A) As used in this section
(1) "Air bag" has the same meaning as in 49 C.F.R. 579.4, as
(2) "Counterfeit air bag" means an air bag displaying a mark
identical or similar to the genuine mark of a motor vehicle
manufacturer, without the authorization of the motor vehicle
(3) "Nonfunctional air bag" means any of the following:
(a) A replacement air bag that has been previously deployed
(b) A replacement air bag that has an electrical fault that
is detected by the air bag diagnostic system of a vehicle after
the air bag is installed;
(c) A counterfeit air bag, air bag cover, or some other
object that is installed in a vehicle to deceive an owner or
operator of the vehicle into believing that a functional air bag
has been installed.
(B) No person shall install or reinstall in any motor vehicle
a counterfeit or nonfunctional air bag or any object intended to
fulfill the function of an air bag
, including an air bag, other
than an air bag that was designed in conformance with or that is
regulated by federal motor vehicle safety standard number 208 for
the make, model, and model year of the vehicle, knowing that the
object is not in accordance with that standard.
Whoever No person shall knowingly manufacture, import,
sell, or offer for sale any of the following:
(1) A counterfeit air bag;
(2) A nonfunctional air bag;
(3) Any other object that is intended to be installed in a
motor vehicle to fulfill the function of an air bag and that is
not in conformance with federal motor vehicle safety standard
number 208 for the make, model, and model year of the vehicle in
which the object is intended to be installed.
(D) No person shall knowingly sell, install, or reinstall a
device in a motor vehicle that causes the diagnostic system of a
vehicle to inaccurately indicate that the vehicle is equipped with
a functional air bag.
(E) Except as otherwise provided in this division, whoever
division (B) of this section is guilty of improper
replacement of a motor vehicle air bag, a misdemeanor of the first
degree on a first offense. On each subsequent offense, or if the
violation results in the bodily injury or death of an individual,
the person is guilty of a felony of the fifth degree.
Each manufacture, importation, installation, reinstallation,
sale, or offer for sale in violation of this section shall
constitute a separate and distinct violation.
Section 2. That existing section 4549.20 of the Revised Code
is hereby repealed.