Indiana § 9-19-10-9 - Retail transfer of vehicle; violation; classification

§ 9-19-10-9. Retail transfer of vehicle; violation; classification

Sec. 9. A person who violates section 5 of this chapter commits a Class C infraction.

[Pre-1991 Recodification Citation: 9-8-7-3.]

As added by P.L.2-1991, SEC.7. Amended by P.L.262-2013, SEC.103.

IC 9-19-10.5Chapter 10.5. Inflatable Restraint Systems

9-19-10.5-0.1Repealed 9-19-10.5-0.2"Airbag" 9-19-10.5-0.4"Counterfeit supplemental restraint system component" 9-19-10.5-0.8"Nonfunctional airbag" 9-19-10.5-1"Supplemental restraint system" 9-19-10.5-2Manufacture, import, install, reinstall, distribute, or sale of component; penalty 9-19-10.5-3Sale, lease, trade, or transfer of motor vehicle with object in place of complying supplemental restraint system; penalty 9-19-10.5-4Repealed 9-19-10.5-5Repealed

IC 9-19-10.5-0.1RepealedAs added by P.L.220-2011, SEC.214. Repealed by P.L.63-2012, SEC.10.

IC 9-19-10.5-0.2"Airbag" Sec. 0.2. As used in this chapter, "airbag" means a motor vehicle inflatable occupant restraint system component that is part of a supplemental restraint system.

As added by P.L.120-2020, SEC.21.

IC 9-19-10.5-0.4"Counterfeit supplemental restraint system component" Sec. 0.4. As used in this chapter, "counterfeit supplemental restraint system component" means:

(1) a replacement airbag; or

(2) any other replacement supplemental restraint system component;

that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively.

As added by P.L.120-2020, SEC.22.

IC 9-19-10.5-0.8"Nonfunctional airbag" Sec. 0.8. As used in this chapter, "nonfunctional airbag" means a replacement airbag that is described by any of the following criteria:

(1) The airbag was previously deployed or damaged.

(2) The airbag has a fault that is detected by the vehicle's diagnostic system when the installation procedure is completed.

(3) The airbag includes a part or an object, including a supplemental restraint system component, that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed.

(4) The airbag is subject to the prohibitions of 49 U.S.C. 30120(j).

As added by P.L.120-2020, SEC.23.

IC 9-19-10.5-1"Supplemental restraint system" Sec. 1. (a) As used in this chapter, "supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 CFR 571.209.

(b) The term includes one (1) or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer including both of the following:

(1) Each airbag operates as necessary in the event of a crash.

(2) Each airbag is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.

As added by P.L.248-2003, SEC.3 and P.L.265-2003, SEC.3. Amended by P.L.120-2020, SEC.24.

IC 9-19-10.5-2Manufacture, import, install, reinstall, distribute, or sale of component; penalty Sec. 2. (a) A person may not knowingly or intentionally manufacture, import, install, reinstall, distribute, sell, or offer for sale a component intended to replace a supplemental restraint system component in a motor vehicle, if any of the following apply to the component:

(1) The component is a counterfeit supplemental restraint system component.

(2) The component is a nonfunctional airbag.

(3) The component causes a motor vehicle to fail to comply with Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208) for the respective make, model, and year of the motor vehicle in question.

(b) For purposes of this section, an installation or reinstallation is considered to not have occurred until the vehicle is returned to the customer who requested the work be performed or when ownership of the vehicle is intended to be transferred.

(c) A person who knowingly or intentionally violates this section commits a Class A misdemeanor. However, the offense is a Level 6 felony if a person in a motor vehicle is injured or dies as a result of the violation of subsection (a).

As added by P.L.248-2003, SEC.3 and P.L.265-2003, SEC.3. Amended by P.L.217-2014, SEC.38; P.L.120-2020, SEC.25.

IC 9-19-10.5-3Sale, lease, trade, or transfer of motor vehicle with object in place of complying supplemental restraint system; penalty Sec. 3. (a) A person may not knowingly or intentionally sell, lease, trade, or transfer a motor vehicle to an Indiana resident in which is installed, as part of the motor vehicle's supplemental restraint system, any of the following:

(1) A counterfeit supplemental restraint system component.

(2) A nonfunctional airbag.

(3) A component that is not designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is installed.

(b) A person who knowingly or intentionally violates this section commits a Level 6 felony.

As added by P.L.248-2003, SEC.3 and P.L.265-2003, SEC.3. Amended by P.L.217-2014, SEC.39; P.L.120-2020, SEC.26.

IC 9-19-10.5-4RepealedAs added by P.L.248-2003, SEC.3 and P.L.265-2003, SEC.3. Amended by P.L.158-2013, SEC.146. Repealed by P.L.217-2014, SEC.40.

IC 9-19-10.5-5RepealedAs added by P.L.248-2003, SEC.3 and P.L.265-2003, SEC.3. Amended by P.L.158-2013, SEC.147. Repealed by P.L.217-2014, SEC.41.

IC 9-19-11Chapter 11. Passenger Restraint Systems for Children

9-19-11-1Application of chapter 9-19-11-2Child less than eight years of age; child restraint system; penalty; medical exceptions; child restraint system account 9-19-11-3Repealed 9-19-11-3.3Repealed 9-19-11-3.6Safety belt standards; child between eight and 16 years of age; child restraint system or safety belt 9-19-11-3.7Exception; child over 40 pounds; lap safety belt 9-19-11-4Designation of violations as being within authority of violations clerk 9-19-11-5Enforcement proceedings; acquisition by violator of restraint system; costs; money judgments 9-19-11-6Enforcement proceedings; absence of possession by violator of restraint system; costs; money judgments 9-19-11-7Forwarding to bureau of motor vehicles certified abstract of record of judgment 9-19-11-8Repealed 9-19-11-8.5Failure to comply; mitigation of damages 9-19-11-9Child restraint system account 9-19-11-10Violation; no assessment of points 9-19-11-11Violation; not basis for habitual offender determination