A number of states have pending legislation specifically governing safety-related issues, including airbag repair or replacement. Several states have already enacted such laws, with effective dates ranging from October 1, 1999 in Florida to December 1, 2003 in North Carolina. To help ensure proper repair and owner safety when an airbag is involved, automotive repair facilities and appraisers who prepare estimates should be familiar with these laws.

These laws generally prohibit the installation of a new airbag that is not designed in accordance with all applicable federal safety standards. They also prohibit the installation of a used or aftermarket airbag without disclosing such information to the vehicle owner. Other laws or pending bills make it a crime to install a stolen or defective airbag, an airbag that has previously been deployed or installing an object in place of an airbag that does not comply with federal safety regulations.

Some require notification to the purchaser of a vehicle if the airbag is missing or inoperable, while others make it a crime to sell or transfer a vehicle with the knowledge that the airbag equipment is not present or is inoperable. There have been a number of studies about the use of recycled airbags. In 1998, the Automotive Recyclers Association funded a study of recycled and oem airbags. They concluded that recycled airbags were successfully deployed in accordance to manufacturer¹s specifications, with the exception of airbags that had been flood damaged.

In 2000, the Insurance Corporation of British Columbia determined that there is no appreciable difference between oem and recycled airbags when properly replaced and when they had not been subject to flood damage. In September of 2003, the Insurance Institute for Highway Safety (IIHS) issued an advisory, cautioning that problems could arise with the use of salvaged and non-oem airbag modules. The report indicated that it is a challenge to ensure that salvaged modules do not come from flood-damaged vehicles and it is not clear that water damage testing is reliable. Likewise, it is not clear that aftermarket airbag modules will perform the same as oem versions.¹

A 2001 US General Accounting Office (GAO) study made reference to the aforementioned studies in a congressional report regarding aftermarket parts and recycled airbags. The report concluded that the studies were useful; they did not, however, resolve the debate over the safety of aftermarket crash parts and recycled airbags since they reach different conclusions and are limited in number and scope.²

Another legal aspect regarding the alteration of airbag systems is the installation of cutoff switches. As of January 1, 1998, repair facilities were allowed to begin installing cutoff switches. This action is a result of reported injuries and fatalities to children related to airbag deployment in crashes. The owner of a vehicle receiving this modification has to complete an application and receive approval through the National Highway Transportation Safety Administration (NHTSA), who approves the installation of cutoff switches on a case-by-case basis. Switch installation may not be undertaken without first receiving this approval.

Whether it¹s the use of oem versus non-oem or the alteration or improvement of current generation airbags, there will undoubtedly be more legislative action born out of the constant review and analysis of data. With the objective of developing better systems, it is this analysis that allows us to be contributors to a safer driving environment. Stay tuned and stay informed.

FOOTNOTES

1. IIHS Advisory No. 29, September 2003.
2. GAO-01­225 Report to Congressional Requesters dated January 2001 entitled Motor Vehicle Safety, NHTSA¹s Ability to Detect and Recall Defective Replacement Crash Parts is Limited.

Mike Barber director of regulating affairs at CCC Information Services Inc. For questions on industry legislation, please contact Mike Barber at mbarber@cccis.com.