Answers to air bag sales questions from the DMV per memorandum to all vehicle dismantlers & repair shops from NYS DMV Commissioner Raymond P. Martinez dated February 4, 2003:
Q - Who may sell salvage airbags in New York State?
A - No person, business or entity may sell salvage airbags in New York State.
This would include a dealer, dismantler, repair shop and a private citizen.
Q - May a NYS citizen purchase a salvage airbag out of state?
A - Yes, there is no prohibition against purchasing salvage airbags out of state.
Q - Does the prohibition against the sale of salvage airbags apply to automotive parts and components that contain salvage airbags (such as doors and dashboards)?
A - Yes. The prohibition extends to the sale of any part that contains a salvage airbag.
Q - May NYS businesses sell salvage airbags out of state?
A - A New York business may not mail a salvage airbag out of state because the sale originates in New York. However, a business may go to another state and sell the airbags in that state. In addition, a New York business may not sell salvage airbags in NYS to an individual or business from another state.
Q - Will the Department of Motor Vehicles, when conducting a salvage examination, reject vehicles that are not equipped with an operative airbag?
A - Yes. The DMV will reject a vehicle that has an airbag that is not operative.
Q - Does the law permit a private individual to install a salvage airbag in one’s own car?
A - The law does not regulate private parties (unregulated entities) regarding the installation of salvage airbags. However, the law specifically prohibits repair shops from installing salvage airbags.
PENALTIES FOR SELLING RECYCLED AIR BAGS
IN NEW YORK
The NY State Attorney General's office, in response to a request for clarification of many issues and questions regarding the ban on the sale of recycled air bags in NY, said that it could not be of any assistance in providing the answers to those questions or resolving the issues and referred the ARA-NY back to the DMV.
The response by the DMV was that it could not provide the answers or resolve the issues insofar as the air bag situation is still in litigation and the answers they would provide might be used against them in court.
The ARA-NY has learned through a reliable source, however, that the penalty for selling recycled air bags in NY Statecould range from a fine of $100.00 per incident and/or LOSS OF LICENSE.
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