HF 1899

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to trade regulations; regulating the 
  1.3             collision repair of motor vehicle airbags and seat 
  1.4             belts; prescribing a criminal penalty; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 325E.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [325E.0952] [AIRBAG AND SEAT BELT REPAIR.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.9   subdivision apply to this section. 
  1.10     (b) "Motor vehicle" means any self-propelled vehicle 
  1.11  designed for use on public highways which was originally 
  1.12  equipped with an airbag. 
  1.13     (c) "Person" means an individual, firm, partnership, 
  1.14  incorporated and unincorporated association, or any other legal 
  1.15  or commercial entity. 
  1.16     (d) "Airbag" means any inflatable restraint system 
  1.17  installed in a motor vehicle to comply with safety standards 
  1.18  established for the motor vehicle by federal statute or 
  1.19  regulation. 
  1.20     (e) "Seat belt" means a motor vehicle passenger restraint 
  1.21  system which complies with the requirements of section 169.685. 
  1.22     (f) "Collision repair" means repair or restoration of 
  1.23  damage to a motor vehicle resulting from collision or other 
  1.24  occurrence. 
  1.25     Subd. 2.  [PROHIBITED ACTS.] If a person has actual 
  2.1   knowledge that a motor vehicle's airbag has deployed, the person 
  2.2   may not perform a collision repair of that motor vehicle unless 
  2.3   any deployed airbag is replaced with an airbag designed for the 
  2.4   make, model, and year of the vehicle. 
  2.5      Subd. 3.  [EXCLUSION.] Subdivision 2 does not apply to a 
  2.6   motor vehicle that is of a model year more than seven years 
  2.7   before the year that the repair is performed. 
  2.8      Subd. 4.  [STANDARD OF LIABILITY.] (a) A person who repairs 
  2.9   an airbag or airbag component or installs a replacement airbag 
  2.10  or airbag component is not liable in any litigation involving 
  2.11  personal injuries resulting from the failure of the airbag to 
  2.12  properly deploy unless the installation or repair was conducted 
  2.13  in a grossly negligent manner. 
  2.14     (b) A person who repairs a seat belt or seat belt component 
  2.15  or installs a seat belt or seat belt component is not liable in 
  2.16  any litigation involving personal injuries resulting from the 
  2.17  failure of the seat belt unless the installation or repair was 
  2.18  conducted in a grossly negligent manner. 
  2.19     Subd. 5.  [PENALTY.] A person who violates subdivision 2 is 
  2.20  guilty of a misdemeanor.