New Mexico § 66-3-888 - Airbag violations

§ 66-3-888. Airbag violations

A. It is unlawful for a person to knowingly: (1) fail to install an airbag in a motor vehicle after representing to another person

that the person will install an airbag in the motor vehicle; (2) install or reinstall a counterfeit or nonfunctional airbag in a motor vehicle; (3) import, manufacture or sell or offer for sale a counterfeit or nonfunctional airbag

to be installed in a motor vehicle; (4) sell any device, install or reinstall in any vehicle any device or take any action

that causes the vehicle's diagnostic system to inaccurately indicate that the vehicle

is equipped with a functional airbag when a counterfeit airbag, nonfunctional airbag

or no airbag is installed; (5) represent to another that a counterfeit or nonfunctional airbag is an original

equipment manufacturer part; (6) intentionally alter an airbag in a manner that causes the airbag to become a counterfeit

or nonfunctional airbag or otherwise defective; (7) sell, lease or rent a motor vehicle that at the time of the sale, lease or rental

has a counterfeit or nonfunctional airbag installed; (8) rent or offer for hire a motor vehicle that is not equipped with airbags required

to be in the motor vehicle by the applicable federal safety regulations for the make,

model and year of the vehicle; or (9) assist another in violating the provisions of this subsection with the intent

that the crime be committed. B. Whoever violates this section is guilty of a misdemeanor and shall be sentenced

pursuant to the provisions of Section 31-19-1 NMSA 1978 . C. A violation of the provisions of this section that results in great bodily harm

or death is a fourth degree felony, and the offender shall be sentenced pursuant to

the provisions of Section 31-18-15 NMSA 1978 . D. This section shall not apply to airbags, counterfeit airbags or nonfunctional airbags

in a motor vehicle operated solely on a closed course or track. E. As used in this section: (1) “ airbag ” means a motor vehicle inflatable occupant restraint system or any component thereof

that: (a) operates in the event of a crash; and (b) 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; (2) “ counterfeit airbag ” means a replacement airbag or any component thereof displaying a mark identical

or similar to the genuine mark of a motor vehicle manufacturer without authorization

of the motor vehicle manufacturer; (3) “ great bodily harm ” means an injury to a person that creates a high probability of death, that causes

serious disfigurement or that results in permanent or protracted loss or impairment

of the function of any member or organ of the body; (4) “ knowingly ” or “ known ” means having actual knowledge of the violation; and (5) “ nonfunctional airbag ” means a replacement airbag or any component thereof that: (a) was previously deployed or damaged; (b) has a fault that was detected by the vehicle diagnostic system after the installation

procedure was completed; or (c) includes any part or object, such as a repaired airbag cover, that is installed

in a motor vehicle in order to mislead the owner or operator of the motor vehicle

into believing that a functional airbag has been installed.