Pennsylvania Act 1994-58 — AMUSEMENT RIDER SAFETY AND LIABILITY ACT

Act text

AMUSEMENT RIDER SAFETY AND LIABILITY ACT
                  Act of Jul. 1, 1994, P.L. 383, No. 58               Cl. 04
                                  AN ACT

     Relating to the protection of amusement riders and for actions
        against amusement ride operators.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Amusement
     Rider Safety and Liability Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Amusement park."  A tract or area used principally as a
     location for amusement structures or rides. The term includes
     only permanent amusement and water parks.
        "Amusement ride."  Any device, including a water-based
     device, that carries or conveys passengers along, around or over
     a fixed or restricted route or course or within a defined area
     for the purpose of giving its passengers amusement, pleasure,
     thrills or excitement.
        "Amusement ride operator."  Any person, firm or corporation
     that is engaged in operating for the public an amusement
     structure or ride at a permanent amusement or water park.
        "Rider."  A person 14 years of age or older utilizing an
     amusement ride. The term includes any person who is an invitee,
     whether or not the person pays consideration.
     Section 3.  Rider's responsibility.
        (a)  Responsibilities.--A rider is responsible for obeying
     the posted rules or oral instructions of amusement rides and
     shall abide by the following:
            (1)  A rider may not board or dismount from an amusement
        ride except at a designated area if one is provided.
            (2)  A rider may not throw or expel any object or matter
        from an amusement ride.
            (3)  A rider may not act in any manner contrary to posted
        and oral rules while boarding, riding on or dismounting from
        any amusement ride.
            (4)  A rider may not engage in any reckless act or
        activity which may tend to injure himself or others.
            (5)  While using amusement rides that require steering or
        control of himself or a car device, every rider shall
        maintain reasonable control of his speed and course at all
        times. A rider shall not steer the ride in such a manner as
        to intentionally harm another person.
            (6)  A rider may not disconnect, disable or attempt to
        disconnect or disable any safety device, seat belt, harness
        or other restraining device before, during or after movement
        of the ride has started except at the express instruction of
        the operator.
            (7)  A rider may not disembark or attempt to disembark
        from any amusement ride before, during or after movement of a
        ride has started except upon the express instruction of the
        operator.
            (8)  A rider may not board or attempt to board any
        amusement ride if he is under the influence of alcohol or any
        controlled substance as defined in the act of April 14, 1972
        (P.L.233, No.64), known as The Controlled Substance, Drug,
        Device and Cosmetic Act, which impacts his ability to safely
        use the ride and abide by the posted and oral instructions.
        The operator may prevent a rider who is perceptibly or
        apparently under the influence of drugs or alcohol from
        riding on an amusement ride. An operator who prevents a rider
        from boarding a ride in accordance with this paragraph shall
        not be criminally or civilly liable in any manner or to any
        extent whatsoever if the operator has a reasonable basis for
        believing that the rider is under the influence of drugs or
        alcohol.
            (9)  A rider may not alter or enhance the intended speed,
        course or direction of a ride by using any unauthorized
        device, instrument or method.
            (10)  A rider 14 years of age or older embarking on a
        ride after failing to pay appropriate consideration for its
        use, when required by amusement park rules and regulations,
        shall be considered to be a trespasser.
            (11)  A rider shall not attempt to gain access to
        controls of an amusement ride designed solely to be operated
        by employees of amusement parks.
        (b)  Exceptions.--Subsection (a) shall not apply to an
     individual who because of deafness, blindness, mental limitation
     or a language barrier is not capable of understanding the posted
     rules or oral instructions.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Blindness."  A condition such that an individual has 3/60 or
     10/200 or less normal vision.
        "Deafness."  A condition such that an individual is totally
     deaf or whose hearing is so impaired that he is unable to
     understand or communicate the spoken English language.
     Section 4.  Actions against amusement ride operators.
        It shall be the duty of each rider to heed all posted and
     oral warnings and to refrain from acting in a manner which may
     knowingly cause or contribute to the injury of himself or others
     or in a manner contrary to prohibited acts for riders set forth
     in section 3. Notice of these prohibited acts shall be displayed
     as set forth in section 5. Proof that a rider sustained an
     injury in the course of knowingly acting contrary to section 3
     shall be evidence of comparative negligence in a suit against an
     operator by that rider.
     Section 5.  Posting of notice.
        Every operator shall post the safety responsibilities of
     riders based upon standards set forth by the American Society
     for Testing Materials, Department of Agriculture regulations and
     as set forth in section 3 in a conspicuous place at each ride.
     The language and symbols used shall be the same as designated by
     the American Society for Testing Materials.
     Section 6.  Report of incident.
        (a)  Reporting.--A rider shall report in writing to the
     operator all of the details of any incident as soon as possible.
     The report shall include the rider's name and address, a brief
     description of the incident and injuries claimed, including the
     location, date, time and alleged cause, the name and address of
     the ride operator, others involved and witnesses, if any.
        (b)  Applicability.--This section shall have no effect on a
     rider's right to commence a civil action.
     Section 7.  Nonapplicability.
        Nothing contained in this section shall be construed as
     limiting or otherwise affecting the liability and
     responsibilities of an amusement park operator under the act of
     June 18, 1984 (P.L.384, No.81), known as the Amusement Ride
     Inspection Act, or as preventing the maintenance of an action
     against an amusement operator for negligent construction,
     maintenance or operation of an amusement ride. In addition,
     nothing in this section shall be construed as limiting or
     otherwise affecting the responsibility and liability of an
     amusement park operator to provide reasonable supervision for
     riders.
     Section 8.  Effective date.
        This act shall take effect in 60 days.