A person violates the Counterfeit Airbag Prevention Act if the person does any of the following:

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Terms Used In Nebraska Statutes 28-643

  • Airbag: means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system. See Nebraska Statutes 28-642
  • Counterfeit supplemental restraint system component: means a supplemental restraint system component that displays a mark identical 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 such manufacturer or supplier. See Nebraska Statutes 28-642
  • Nonfunctional airbag: means an airbag that meets any of the following criteria:

    (a) The airbag was previously deployed or damaged. See Nebraska Statutes 28-642

  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Supplemental restraint system: means an inflatable restraint system as defined in 49 C. See Nebraska Statutes 28-642
  • Violate: shall include failure to comply with. See Nebraska Statutes 49-801

(1) Knowingly and intentionally manufactures, imports, installs, reinstalls, distributes, sells, or offers for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component or a nonfunctional airbag or does not meet federal safety requirements as provided in 49 C.F.R. § 571.208, as such regulation existed on January 1, 2019;

(2) Knowingly and intentionally sells, installs, or reinstalls a device that causes a motor vehicle’s diagnostic system to fail to warn when the motor vehicle is equipped with a counterfeit supplemental restraint system component or a nonfunctional airbag or when no airbag is installed;

(3) Knowingly and intentionally represents to another person that a counterfeit supplemental restraint system component or nonfunctional airbag installed in a motor vehicle is not a counterfeit supplemental restraint system component or a nonfunctional airbag; or

(4) Causes another person to violate this section or assists another person in violating this section.