Section 32-15-38 does not apply to:

(1) A person installing, reinstalling, or replacing an airbag or other component of an airbag in a motor vehicle used solely for police work; or

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Terms Used In South Dakota Codified Laws 32-15-39

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) An owner or employee of a motor vehicle dealership or the owner of a motor vehicle who, before the sale of the motor vehicle, does not have knowledge that the airbag, or another component of the motor vehicle’s supplemental restraint system is counterfeit or nonfunctional.

Sections 32-15-37 to 32-15-39, inclusive, do not create liability of any party in a civil action, or create a duty that, before the sale of a vehicle, an owner or employee of a motor vehicle dealership or the owner of the vehicle must inspect a vehicle in possession of the dealership or owner to determine whether the airbag, or another component of the vehicle’s supplemental restraint system, is counterfeit or nonfunctional.

Source: SL 2023, ch 105, § 3.