Analysis

Topic: Carnival and Amusement Rider Safety Rules
Sponsor: Representative Tony Stamas
Date Ordered Enrolled: December 6, 2000
Date of Analysis: December 13, 2000

Position: The Department of Consumer and Industry Services supports the bill.

Background: Several years ago, the Carnival-Amusement Safety Board in the Department of Consumer and Industry Services wanted to incorporate a rider responsibility provision into its revised administrative rules. Some of the board members were reportedly impressed by Ohio, which had adopted such requirements. The department advised the board that the law did not give them the authority to include such a provision in its rules. Legislative action would be required, they were told.

Bill Content: The bill amends the Carnival-Amusement Safety Act of 1996 to provide for rider responsibility.

A rider would be required by the bill to obey reasonable oral and posted safety rules. The rider would also be prohibited from acting in a manner that may cause or contribute to the injury of the rider or others. Prohibitions include the following:
- Exceeding the limits of his or her ability,
- Interfering with safety devices,
- Failing to engage safety devices,
- Disconnecting or disabling safety devices,
- Altering the intended speed, course, or direction of the ride, using controls designed solely to be operated by the operator or an employee,
- Extending arms and legs beyond the carrier or seating area,
- Throwing, dropping, or expelling an object from or toward a ride,
- Getting on or off a ride except at the designated time and area,
- Not reasonably controlling the speed or direction of the ride or the person's body on a ride which requires the rider to do so,
- Intentionally dropping, throwing, or expelling an object from a ride while riding,
- Doing any act which interferes with the running or operation of a carnival or amusement ride, including swing or bouncing or attempting to contact supporting towers, machinery, guides, or guards while riding,

In some cases there are exceptions if a rider is directed to perform an act by the operator or an employee or agent of the operator of the ride.

A rider is prohibited from getting on a ride unless the rider or the rider's parent or guardian determines that the rider meets certain requirements. These requirements include sufficient knowledge to get on, use, and get off the ride; familiarity with signs posted in the vicinity; meeting posted height, medical, and other requirements; and familiarity with the range and limits of his or her abilities and the requirements of the ride. A rider may not be under the influence of alcoholic liquor or drugs and must be authorized by the operator or an employee to get on the ride.

Rider safety signs are required to be posted in various locations, including each carnival and amusement ride. Injuries must be reported to an employee or agent of the operator before a person leaves the premises. If a report cannot be filed before leaving the premises due to the severity of the injuries, it must be filed as soon as possible. Failure to file a report does not affect the rider's right to bring a civil action related to the incident.

The Senate amended the bill to clarify that the misdemeanor penalties provided in Section 17 (2) of the act do not apply to a violation by a rider or the rider's parent or guardian. Another amendment deleted text from one of the mandated signs stating, "Failure to comply is punishable as provided by law".

Arguments For: This bill is very necessary. Serious accidents and death have occurred in Michigan and other states as a result of carelessness and misbehavior by riders. The bill will help prevent such accidents in the future. The requirement that injuries be reported before leaving the premises will help operators correct safety problems much quicker. It is also possible that such a bill will lower insurance costs of operators.

Arguments Against: By removing penalties for rider misbehavior the Legislature has significantly reduced the potential effectiveness of the bill.

Supporters/Opponents: The Outdoor Amusement Business Association, Inc. and the Michigan Association of Fairs testified in favor of the bill in House committee. The Carnival-Amusement Safety Board supports the bill.

Fiscal Information: Some adjustments in inspector staffing assignments may be necessary to monitor compliance, particularly at the outset. Compliance with new sign requirements may impose initial costs on a large facility of several thousand dollars.

Administrative Rules Impact: It is not anticipated at this time that new or revised administrative rules will be necessary.

Riders are required to have sufficient knowledge to get on, use, and get off the ride safely. The rider is also required to be aware of, read, and understand any signs in the vicinity of the ride and meet any posted height, medical, and other requirements. The rider must also know the range and limits of his or her ability and whether the ride exceeds those limits. The rider must not be under the influence of alcohol or a drug that affects his or her ability to safely use the ride. Finally, the rider must be authorized by the operator or employee to get on the ride.

Signs are required to be displayed by the operator indicating rider safety responsibilities and the location of stations to report injuries. The signs are required to be located in several locations specified by the bill.

A sign is also required to be posted at each ride that contains the following information:
- Operational instructions.
- Safety guidelines.
- Restrictions.
- Prohibited behaviors or activities.
- Mandated text referring to state law and rider responsibilities.

Injuries are required to be reported before a person leaves the operator's premises. However, if the rider is unable to file a report because of the severity of his or her injuries, the report must be filed as soon as reasonably possible. The failure to report an injury does not affect the rider's right to bring a civil action related to the incident.