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Rider Responsibility Act |
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.ÄA 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.ÄSubsection (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.ÄAs 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.ÄA 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.ÄThis 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.
