Utah Code 41-1a-1321. Counterfeit airbags
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 41-1a-1321
- Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
- Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
- Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
- Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
(1)(a) “Airbag” means an inflatable passive restraint system component for occupants of motor vehicles which is part of an automobile supplemental restraint system that:
(1)(a)(i) operates in the event of a crash; and
(1)(a)(ii) meets applicable federal safety standards for the specific make, model, and year of the motor vehicle in which the airbag is installed.
(1)(b) “Counterfeit automobile supplemental restraint system component” means a replacement motor vehicle passive restraint system component, including an airbag, that displays an identical or substantially similar mark to the manufacturer‘s or supplier’s genuine trademark without authorization.
(1)(c) “Nonfunctional airbag” means a replacement airbag that:
(1)(c)(i) was previously deployed or damaged;
(1)(c)(ii) may not be sold or leased under 49 U.S.C. § 30120(j);
(1)(c)(iii) has a fault that is detected by the vehicle diagnostic system after the installation procedure is completed; or
(1)(c)(iv) includes any part or object installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed.
(1)(d) “Person” includes the owner or lessee of a motor vehicle, a body shop, dealer, remanufacturer, salvage rebuilder, vehicle service maintenance facility, or an entity or individual engaged in the repair of motor vehicles or the replacement or repair of an airbag passive restraint system.
(2) A person may not, with criminal negligence, manufacture, import, sell, offer for sale, install, or reinstall a counterfeit or nonfunctional airbag.
(3)
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(3)(b) A violation of Subsection (2) is a second degree felony if the person causes:
(3)(b)(i) serious injury, as defined in Section 76-1-101.5 , to an individual;
(3)(b)(ii) substantial injury, as defined in Section 76-1-101.5 , to an individual; or
(3)(b)(iii) the death of an individual.