Text: SF02382 Text: SF02384 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2383 1 2 1 3 AN ACT 1 4 RELATING TO AMUSEMENT RIDE RIDER SAFETY, PROVIDING A 1 5 PENALTY, AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 88A.1, Code 1997, is amended by adding 1 10 the following new subsections: 1 11 NEW SUBSECTION. 8A. "Parent or guardian" means a parent, 1 12 custodian, or guardian or person responsible for the control, 1 13 safety, training, or education of a rider who is a minor or 1 14 person with a disability. 1 15 NEW SUBSECTION. 9A. "Rider" means a person waiting in the 1 16 immediate vicinity of an amusement ride to get on the 1 17 amusement ride, getting on an amusement ride, using an 1 18 amusement ride, getting off an amusement ride, or leaving an 1 19 amusement ride and still in the immediate vicinity of the 1 20 amusement ride. "Rider" does not include an employee, agent, 1 21 or servant of the amusement owner while engaged in the duties 1 22 of their employment. 1 23 NEW SUBSECTION. 9B. "Sign" means any symbol or language 1 24 reasonably calculated to communicate information to a rider or 1 25 the rider's parent or guardian, including placards, 1 26 prerecorded messages, live public address, stickers, pictures, 1 27 pictograms, video, verbal information, and visual signals. 1 28 Sec. 2. Section 88A.1, subsection 2, Code 1997, is amended 1 29 to read as follows: 1 30 2. "Amusement ride" means any mechanized device,or1 31 combination of devices which carries passengers along, around, 1 32 or over a fixed or restricted course for the purpose of giving 1 33 its passengers amusement, pleasure, thrills, or excitement. 1 34 "Amusement ride" does not include a device or structure that 1 35 is devoted principally to exhibitions related to agriculture, 2 1 the arts, education, industry, religion, or science. 2 2 Sec. 3. Section 88A.10, Code 1997, is amended by adding 2 3 the following new subsection: 2 4 NEW SUBSECTION. 3. A person who fails to obey a safety 2 5 related requirement listed on a sign displayed at an amusement 2 6 ride pursuant to section 88A.16, subsection 2, is subject to a 2 7 civil penalty of one hundred dollars. 2 8 Sec. 4. NEW SECTION. 88A.15 RIDER SAFETY. 2 9 1. A rider or the rider's parent or guardian shall report 2 10 in writing to the operator or the operator's designee, on 2 11 forms provided by the operator or the operator's designee, any 2 12 injury sustained on an amusement ride before leaving the 2 13 operator's premises. The report shall include all of the 2 14 following information: 2 15 a. The name, address, and phone number of the injured 2 16 person. 2 17 b. A brief description of the incident, the injury 2 18 claimed, and the location, date, and time of the injury. 2 19 c. The cause of the injury, if known. 2 20 d. The name, address, and phone number of any witness to 2 21 the incident. 2 22 2. If the rider or the rider's parent or guardian is 2 23 unable to file a report because of the severity of the rider's 2 24 injuries, the rider or the rider's parent or guardian shall 2 25 file the report as soon as reasonably possible. The failure 2 26 of a rider or the rider's parent or guardian to report an 2 27 injury under this section does not affect the rider's right to 2 28 commence a civil action related to the incident. 2 29 3. A rider shall, at a minimum, do all of the following: 2 30 a. Obey the reasonable safety rules posted in accordance 2 31 with this chapter and oral instructions for an amusement ride 2 32 issued by the operator or the operator's employee or agent, 2 33 unless the safety rules or oral instructions are contrary to 2 34 the safety rules of this chapter. 2 35 b. Refrain from acting in any manner that may cause or 3 1 contribute to injuring the rider or others, including all of 3 2 the following: 3 3 (1) Exceeding the limits of the rider's ability. 3 4 (2) Interfering with safety devices that are provided. 3 5 (3) Failing to engage safety devices that are provided. 3 6 (4) Disconnecting or disabling a safety device except at 3 7 the express instruction of the operator. 3 8 (5) Altering or enhancing the intended speed, course, or 3 9 direction of an amusement ride. 3 10 (6) Using the controls of an amusement ride designed 3 11 solely to be operated by the operator. 3 12 (7) Extending arms and legs beyond the carrier or seating 3 13 area except at the express direction of the operator. 3 14 (8) Throwing, dropping, or expelling an object from or 3 15 toward an amusement ride except as permitted by the operator. 3 16 (9) Getting on or off an amusement ride except at the 3 17 designated time and area, if any, at the direction of the 3 18 operator or in an emergency. 3 19 (10) Not reasonably controlling the speed or direction of 3 20 the rider's person or an amusement ride that requires the 3 21 rider to control or direct the rider's person or a device. 3 22 4. A rider shall not get on or attempt to get on an 3 23 amusement ride unless the rider or the rider's parent or 3 24 guardian reasonably determines that, at a minimum, the rider 3 25 meets all of the following criteria: 3 26 a. Has sufficient knowledge to use, get on, and get off 3 27 the amusement ride safely without instruction or has requested 3 28 and received sufficient information to get on, use, and get 3 29 off the amusement ride safely prior to getting on the 3 30 amusement ride. 3 31 b. Has located, read, and understood any signs in the 3 32 vicinity of the amusement ride and meets any posted height, 3 33 medical, or other requirements. 3 34 c. Knows the range and limits of the rider's ability and 3 35 knows the requirements of the amusement ride will not exceed 4 1 those limits. 4 2 d. Is not under the influence of alcohol or any drug that 4 3 affects the rider's ability to safely use the amusement ride 4 4 or obey the posted rules or oral instructions. 4 5 e. Is authorized by the operator or the operator's 4 6 employee, agent, or servant to get on the amusement ride. 4 7 Sec. 5. NEW SECTION. 88A.16 NOTICE TO RIDERS. 4 8 1. An operator shall display signs indicating the 4 9 applicable rider safety responsibilities provided in section 4 10 88A.15 and the location of stations to report injuries. The 4 11 signs must be located in all of the following locations: 4 12 a. Each station for reporting an injury. 4 13 b. Each first aid station. 4 14 c. Any of the following locations: 4 15 (1) At least two other locations on the premises, 4 16 including any premises entrance or exit most commonly used by 4 17 riders, if there are no more than four entrances or exits for 4 18 riders. 4 19 (2) At least four other locations on the premises, 4 20 including the four premises entrances and exits most commonly 4 21 used by riders, if there are more than four entrances and 4 22 exits for riders. 4 23 (3) Every amusement ride. 4 24 2. An operator shall post a sign at each amusement ride. 4 25 Any sign required by this subsection must be prominently 4 26 displayed at a conspicuous location, clearly visible to the 4 27 public, and bold and legible in design. The sign must include 4 28 all of the following that apply: 4 29 a. Operational instructions. 4 30 b. Safety guidelines for riders. 4 31 c. Restrictions on the use of the amusement ride. 4 32 d. Behavior or activities that are prohibited. 4 33 e. A legend providing that, "State law requires riders to 4 34 obey all warnings and directions for this amusement ride and 4 35 behave in a manner that will not cause or contribute to the 5 1 injury of themselves or others. Riders must report injuries 5 2 prior to leaving the premises. Failure to comply is 5 3 punishable by fine." 5 4 Sec. 6. NEW SECTION. 88A.17 CONSTRUCTION. 5 5 Sections 88A.15 and 88A.16 shall not be construed to 5 6 preclude a criminal prosecution or civil action available 5 7 under any other provision of law. 5 8 Sec. 7. EFFECTIVE DATE. This Act shall take effect on 5 9 January 1, 1999. 5 10 5 11 5 12 5 13 MARY E. KRAMER 5 14 President of the Senate 5 15 5 16 5 17 5 18 RON J. CORBETT 5 19 Speaker of the House 5 20 5 21 I hereby certify that this bill originated in the Senate and 5 22 is known as Senate File 2383, Seventy-seventh General Assembly. 5 23 5 24 5 25 5 26 MARY PAT GUNDERSON 5 27 Secretary of the Senate 5 28 Approved , 1998 5 29 5 30 5 31 5 32 TERRY E. BRANSTAD 5 33 Governor
Text: SF02382 Text: SF02384 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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