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23-89-510. Accidents –
Reporting injuries or death – Investigations.
(a) Any mechanical, structural, or electrical
defects directly affecting patron safety for which an
amusement ride is closed to patron use for a period
of time more than three (3) hours, must be reported
in writing personally or by facsimile by the owner or
operator to the Department of Labor within twenty-four
(24) hours after the closing of the amusement ride.
(b)(1) The operator of an amusement ride
shall immediately cease to operate any ride involved
in a fatality or serious physical injury. The owner
or operator shall notify the department of such accident
within four (4) hours of its occurrence by telephone
or facsimile. The owner or operator shall file a written
accident report personally or by facsimile with the
department within twenty-four (24) hours of the accident.
Within twenty-four (24) hours after receipt of such
report, the department shall initiate an investigation
of the occurrence and an inspection of the ride. The
department shall perform the inspection in a manner
that proceeds with all practicable speed and minimizes
the disruption of the amusement facility at which the
amusement ride is located.
(2) Unless authorized in writing by the
department, no amusement ride may be operated, moved,
altered, repaired, or tampered with, except to protect
life, limb, and property, following an accident involving
a serious injury or death until the department has completed
its inspection and investigation.
23-89-511. Amusement
Ride Operators.
(a) Any person directly operating any amusement
ride or attraction:
(1) Must be at least sixteen (16) years
of age;
(2) Must be trained in the proper use and
operation of the device;
(3) Must operate only one (1) rider at a
time; and
(4) May not operate any amusement ride or
attraction while intoxicated.
(b) For the purposes of this section, “intoxicated”
means influenced or affected by the ingestion of alcohol,
a controlled substance, any intoxicant, or any combination
thereof, to such degree that the operator’s reactions,
motor skills, and judgment are substantially altered
and the operator, therefore, constitutes a clear and
substantial danger of physical injury or death to ride
patrons.
23-89-512. Prohibited
bungee operations.
The following bungee operations are prohibited:
(1) A bungee operation conducted with balloons,
blimps, helicopters, or other aircraft;
(2) Sand bagging, which is the practice
of holding onto any object, including another person,
while bungee jumping, for the purpose of exerting more
force on the bungee cord to stretch it further, and
then releasing the object during the jump causing the
jumper to rebound with more force than could be created
by the jumper’s weight alone;
(3) Tandem or multiple bungee jumping, except
for rides that the manufacturer has designed for multiple
patrons; and
(4) Bungee jumping from any bridge, overpass,
or any other structure not specifically designed as
an amusement ride or attraction;
23-89-513. Posting
ride safety rules required.
All requirements for rider safety within
the control of the rider must be prominently posted
in a manner reasonably expected to provide notice to
the rider. Such requirements or restrictions should
include any height or weight restrictions, safety belt
or bars or other safety restraint systems requirements,
prohibitions against standing before cessation of the
ride or attraction and prohibitions against horseplay.
23-89-514. Patron
safety.
(a) All patrons on any amusement ride or
attraction subject to this subchapter shall, at a minimum:
(1) Obey the posted safety rules and oral
instructions issued by the amusement ride owner or manager
or such owner’s employee or agent;
(2) Refrain from acting in any manner that
may cause or contribute to injuring the patron or others,
including:
(A) Interfering with the safe operation
of the amusement ride;
(B) Not engaging any safety devices provided;
(C) Disconnecting or disabling a safety
device except at the express instruction of the operator;
(D) Altering or enhancing the intended speed,
course or direction of the amusement ride;
(E) Extending arms and legs beyond the carrier
or seating area;
(F) Throwing, dropping or expelling an object
from or toward an amusement ride; and
(G) Getting on or off an amusement ride
or attraction except at the designated time and area
unless directed to do otherwise by an operator due to
an emergency.
(b) Parents or guardians of patrons under
the age of eighteen (18) years have a duty to ensure
that the patron complies with the provisions of this
section.
(c) Any person eighteen (18) years of age,
or older, who violates the provisions of this section
may be charged with a Class A misdemeanor.
23-89-515. Nondestructive
Testing.
(a) An owner may not operate an amusement
ride for which the manufacturer recommends nondestructive
testing unless the owner complies with the manufacturer’s
standards for the testing and the ride meets the manufacturer’s
acceptance criteria.
(b) If manufacturer’s nondestructive
testing standards are unavailable for an amusement ride,
and the department deems it necessary, the owner shall
provide such standards through a registered professional
engineer or engineering agency or any individual qualified
by training and experience to compile standards based
upon the ride’s specifications and history and
using accepted engineering practices. The engineer or
other qualified individual shall be approved by the
director and the ride must meet the criteria so established.
23-89-516. Records.
(a) The Director of the Department of Labor
shall keep records and statistics by year of serious
injuries and fatalities resulting from amusement ride
accidents. Such records and statistics shall specify
the year of the accident, type of injury, type of ride
or attraction involved and cause of the accident.
(b) Each owner or operator shall retain
on the premises or with a portable amusement ride the
following records:
(1) Proof of insurance coverage as required
by this subchapter;
(2) The latest safety inspection report
by the department and by the owner or operator’s
insurer;
(3) All maintenance and repair records for
a period of one (1) year;
(4) All accident records for a period of
one (1) year on premises although such records shall
be maintained and subject to being made available to
the director for a period of three (3) years;
(5) A record of employee/operator training
for each employee authorized to operate, assemble, disassemble,
transport, or conduct maintenance on an amusement ride
or attraction; and
(6) A copy of any affidavit of nondestructive
testing required by this subchapter.
23-89-517. Disposition
of funds.
All money received under the provisions
of this subchapter shall be deposited in the State Treasury
to the credit of the Department of Labor Special Fund.
23-89-518. Amusement
Ride Safety Advisory Board – Creation –
Duties.
(a)(1) There is created an Amusement Ride
Safety Advisory Board.
(2) The board shall be appointed by the
Governor. The Director of the Department of Labor or
his or her designee shall be ex officio chair. The board
shall consist of five (5) additional members:
(A) One (1) member of the board shall be
the Director of the Department of Parks and Tourism,
or his or her designee;
(B) One (1) member of the board shall represent
owners or operators of amusement rides which are portable
in nature;
(C) One (1) member of the board shall represent
owners or operators of permanently placed amusement
rides;
(D) One (1) member of the board shall represent
fair managers in Arkansas; and
(E) One (1) member of the board shall represent
the general public.
(3) The terms of office of the members,
other than the Director of the Department of Labor and
the Director of Parks and Tourism, shall be for four
(4) years or until a successor is appointed.
(4) No member of the board shall be appointed
to serve more than two (2) consecutive full terms.
(5) At the time of appointment or reappointment,
the Governor shall adjust the length of terms to insure
that the terms of board members are staggered so that,
insofar as is possible, an equal number of members shall
rotate each year.
(b) The duties of the Amusement Ride Safety
Advisory Board shall be:
(1) To assist the director with the formulation
of rules and regulations regarding the safe operation
of amusement rides; and
(2) To give the department such counsel
and advice as will aid it in the proper enforcement
and administration of the provisions of this subchapter.
(3) The members of the Amusement Ride Safety
Advisory Board, except the ex-officio chairman and the
Director of the Department of Parks and Tourism, may
receive expense reimbursement and stipends in accordance
with §§ 25-16-901 through 25-16-908.
Details
at the Arkansas Code Website
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