32-15-37. Counterfeit airbags--Definitions.Terms used in §§ 32-15-37 to 32-15-39, inclusive, mean:(1)'Airbag,' a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system;(2)'Counterfeit supplemental restraint system component,' a replacement supplemental restraint system component, including 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;(3)'Nonfunctional airbag,' 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 motor vehicle airbag diagnostic system when the installation procedure is completed, and the motor vehicle is returned to the customer who requested the work 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 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) as of November 15, 2021;(4)'Supplemental Restraint System,' one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer and the airbags:(a)Operate as designed in the event of a crash; and(b)Are designed to meet federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed. Source: SL 2023, ch 105, §1.
South Dakota Legal Code