For the purposes of this chapter, the following definitions shall apply:

(1) “Airbag” means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

(2) “Automotive repair facility” means any person who performs auto repair work on a motor vehicle for financial profit.

(3) “Auto repair work” means performing or attempting to perform repairs and/or maintenance on a motor vehicle for financial profit.

(4) “Counterfeit supplemental restraint system component” means a replacement supplemental restraint system component, including, but not limited to, an airbag, 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.

(5) “Motor vehicle” is as defined by § 101(41) of Title 21.

(6) “Nonfunctional airbag” means a replacement airbag that meets any of the following criteria:

a. The airbag was previously deployed or damaged;

b. The airbag has an electric fault that is detected by the vehicle’s airbag diagnostic systems when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

c. The airbag includes a part or 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; or

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

(7) “Pattern of violations” means 3 or more violations within a 1-year period.

(8) “Person” includes an individual, corporation, statutory trust, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest or any other legal or commercial entity.

(9) “Supplemental restraint system” means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt as defined in 49 C.F.R. § 571.209. A supplemental restraint system includes 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:

a. The airbag operates as designed in the event of a crash; and

b. The airbag is designed to meet federal motor vehicle safety standards for the specific make, model, and year of the vehicle in which it is or will be installed.

70 Del. Laws, c. 428, § ?2; 73 Del. Laws, c. 329, § ?39; 83 Del. Laws, c. 205, § 1; 83 Del. Laws, c. 505, § 1;