(1) As used in this section:

(a) ‘Airbag’ means an inflatable restraint device for occupants of motor vehicles that is part of an automobile supplemental restraint system.

(b) ‘Automobile supplemental restraint system’ means a passive inflatable crash protection system that a vehicle manufacturer designs to protect automobile occupants in conjunction with a seat belt assembly, as defined in 49 C.F.R. § 571.209, and that has one or more airbags and all components required to ensure that each airbag:

(A) Operates as designed in a crash; and

(B) Meets federal motor vehicle safety standards for the specific make, model and year of manufacture of the vehicle in which the airbag is installed.

(c) ‘Counterfeit automobile supplemental restraint system component’ means a replacement component, including an airbag, that without the authorization of a manufacturer, or a person that supplies parts to the manufacturer, displays a trademark that is identical or substantially similar to the manufacturer’s or supplier’s genuine trademark.

(d)(A) ‘Nonfunctional airbag’ means a replacement airbag that:

(i) Was previously deployed or damaged;

(ii) Has a fault that a motor vehicle’s diagnostic systems detect once the airbag is installed;

(iii) May not be sold or leased under 49 U.S.C. § 30120(j); or

(iv) Includes a counterfeit automobile supplemental restraint system component or other part or object that is installed for the purpose of misleading a motor vehicle owner or operator into believing that a functional airbag is installed.

(B) ‘Nonfunctional airbag’ does not include an unrepaired deployed airbag or an airbag that is installed in a motor vehicle:

(i) That has been declared a total loss or is otherwise a totaled vehicle, as defined in ORS § 801.527; or

(ii) For which the owner was issued a salvage title certificate or a similar title from another state.

(2)(a) A person may not knowingly or intentionally:

(A) Manufacture, import, distribute, offer for sale, sell or lease or otherwise transfer, or install or reinstall into a motor vehicle, a counterfeit automobile supplemental restraint system component, a nonfunctional airbag or an object that replaces an automobile supplemental restraint system component and does not comply with Standard No. 208, 49 C.F.R 571.208, for the make, model and year of the motor vehicle; or

(B) Install or reinstall as part of an automobile supplemental restraint system any object, component, part or device that causes a motor vehicle’s diagnostic system to fail to warn the motor vehicle operator that an airbag is not installed, or that a counterfeit automobile supplemental restraint system component or nonfunctional airbag is installed in the motor vehicle.

(b) For the purposes of paragraph (a) of this subsection, an installation of a counterfeit automobile supplemental restraint system component, a nonfunctional airbag or an object that replaces an automobile supplemental restraint system component and does not comply with Standard No. 208, 49 C.F.R 571.208, for the make, model and year of the motor vehicle does not occur until the installation work is complete and the earlier of these two conditions occurs:

(A) The motor vehicle is returned to the operator; or

(B) Title to the motor vehicle is transferred.

(3) A person that violates subsection (2) of this section engages in an unlawful practice under ORS § 646.608. [2023 c.278 § 1]

815.077 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.