SENATE DOCKET, NO. 1434        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 955

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act provide for an air bag on-off switch to ensure safety to women..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by placing after Section 61 the following section:-

Every licensed dealer and repair business in the Commonwealth shall provide consumers with a summary of the final rule from the Department of Transportation, National Highway Traffic Safety Administration, 49 CFR Parts 571 and 595 [Docket No. NHTSA-97-3111-1] and the request form, when consumer is purchasing, leasing or renting vehicle or at time of first check-up on bought, leased, or rented vehicle.  Said licensed dealer and repair business shall obtain from the consumer certification in writing that such summary and request form was provided.

In accordance with the provisions a summary shall include the provisions stating vehicle owners are able to receive an air bag ON-OFF switch, installed for one or both the air bags in their vehicles if they, or users of their vehicle, fall into one or more specific risk groups below:

Individuals with medical conditions where the risks of a deploying air bag exceed the risk of impacting the steering wheel, dashboard or windshield in the absence of an air bag including but not limited to pregnant women. (For both driver and passenger side.)

Individuals who cannot position themselves to properly operate the vehicle with breastbone at least 10 inches back from the center of the steering wheel air bag cover. (For driver side only.)

Individuals with the need to transport an infant in a rear-facing child restraint in the front seat because the vehicle has no rear seat, the rear seat is too small to accommodate a rear-facing child restraint, or because it is necessary to constantly monitor the child's medical condition. (For passenger side only.)

Individuals with the need to carry children between one year old and 12 years old in the front seat because the vehicle has no rear seat, the consumer must carry more children than can be accommodated in the rear seat, or because it is necessary to constantly monitor a child's medical condition. (For passenger side only).