In New York City, as throughout the United States, federal regulations mandate that all passenger vehicles manufactured after September 1, 1998, be equipped with functioning airbags. This requirement, established by the National Highway Traffic Safety Administration (NHTSA), aims to enhance occupant safety in the event of a collision. However, the legality of operating a vehicle without functional airbags, especially in New York City, involves a nuanced interplay between federal standards and state regulations.
Federal Regulations on Airbags

The NHTSA enforces the Federal Motor Vehicle Safety Standards (FMVSS), which include provisions for occupant crash protection. FMVSS No. 208 specifies that vehicles must have passive restraint systems, such as airbags, to protect occupants during frontal crashes. While these standards apply to vehicle manufacturers, ensuring that new vehicles are equipped with airbags, they do not explicitly prohibit individuals from operating vehicles with non-functional or absent airbags. However, disabling or removing airbags without proper authorization can lead to safety risks and potential legal consequences.
New York State Legislation: “Anthony Amoros’ Law”
In November 2021, New York State enacted the “Anthony Amoros’ Law,” named after an 18-year-old who tragically died in a crash while driving a vehicle without airbags. This legislation prohibits used car dealers from selling vehicles at retail without a functioning airbag and requires that the airbag system’s readiness indicator light confirms its proper operation. Dealers must provide documentation to buyers verifying the presence and functionality of the airbag system.
Implications for Vehicle Owners and Drivers
While “Anthony Amoros’ Law” targets used car dealers, vehicle owners and drivers should be aware of the following considerations:
- Vehicle Inspections: New York State requires annual safety inspections for all registered vehicles. During these inspections, the functionality of safety systems, including airbags, is assessed. A malfunctioning airbag system can result in a failed inspection, rendering the vehicle illegal to operate until repairs are made.
- Insurance Considerations: Operating a vehicle without functional airbags may affect insurance coverage. In the event of an accident, insurance companies might dispute claims if it’s determined that the vehicle’s safety systems were compromised, potentially leading to reduced settlements or claim denials.
- Liability in Accidents: Driving without functional airbags can increase the risk of severe injury in a collision. If involved in an accident, the absence of operational airbags could be considered negligence, potentially leading to increased liability for injuries sustained by passengers or other parties.
Exceptions and Special Circumstances
Certain vehicles, such as classic cars manufactured before airbags became standard, may not be equipped with airbags. Owners of such vehicles are generally exempt from airbag requirements, provided the vehicle meets all other safety standards applicable to its production era. However, if a vehicle was originally equipped with airbags, they are expected to be maintained in working order.
Conclusion
In New York City, while there isn’t a specific law that outright prohibits driving a vehicle without functional airbags, federal regulations and state laws collectively emphasize the importance of maintaining operational airbag systems. Ensuring that your vehicle’s airbags are functional is not only a legal responsibility but also a critical component of occupant safety. Regular maintenance, adherence to inspection requirements, and compliance with state laws are essential to ensure both legal compliance and personal safety on the road.