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Who Is Responsible for the Amusement Park Rides and Boardwalk Rides at the Jersey Shore?
In the summer, many vacationers and families from Pennsylvania, Delaware, and New Jersey come to the Jersey Shore. One of the favorite past times of most vacationers is to go for boardwalk rides. So who maintains the rides? Are the rides safe? What happens if there is an accident and someone gets hurt?
The New Jersey Division of Codes and Standards, part of the New Jersey Department of Community Affairs (DCA), manages amusement park and carnival ride safety to ensure the safety of these rides for the public in accordance with the Carnival and Amusement Ride Safety Act . . NJAC 5:14A-1.1 – 5:14A-13.5, which has only been implemented in recent years. The law stipulates obligations not only for owners and manufacturers of rides, but also for riders. The Act has 13 sub-chapters, but this article will cover only a few interesting chapters. You can find the entire act on the DCA website.
Subchapters 2 and 4 deal with the responsibilities of owners and manufacturers with regard to the maintenance of rides. Before a ride is open to the public, DCA requires the owner and manufacturer of the ride to submit documentation for review regarding all carnival and amusement rides. These documents result in an annual inspection and permit to operate a ride in New Jersey. In addition, rides are inspected by DCA before the ride is opened to the public
In addition to annual inspections by DCA, owners must inspect and test ride each day of intended use. The inspection and test is carried out by a qualified person experienced and instructed in the correct installation and operation of the equipment and must be carried out before the drive is put into normal operation.
Subchapter 3 deals with the liability of riders. Basically, the law says that a rider must follow written warnings and instructions posted by the ride operator, including rider behavior signs; height, weight and size restrictions. Section 5:14A-3.2. It also states that if a rider is under the influence of any alcoholic beverage, prescription drug, or other controlled substance, they may not enter the ride. Section 5:14A-3.3
What happens if there is an accident? The law requires owners to report the accident. There are two types of incident reporting requirements: 1) Shut down and report and 2) report within 24 hours.
“Shutdown and Report” includes any occurrence of death or serious injury, ejection from the ride, or failure of a critical structural or mechanical component, regardless of cause. The owner must stop the ride and immediately report it to the union by phone and make a written report and fax it to the union within 24 hours of the incident. The ride will remain shut down until the ministry reopens it. NJAC 5:14A-14.3(a).
“Reporting within 24 hours” includes any ride related injury requiring first aid, any mechanical breakdown or emergency ride evacuation. The owner must report the incident to the Ministry within 24 hours by fax or telephone. The owner then has 5 days to submit a written report to the union. NJAC 5:14A-14.3(b).
Finally, the owner is also supposed to keep a record of any incidents not reported to the Department that involve injuries or complaints related to the ride. NJAC 5:14A-14.3(c).
Safety has improved thanks to regulations introduced in recent years. The 2009 summer season in New Jersey was actually free of serious injuries on roller coasters, ferris wheels and chutes, according to New Jersey state officials.
It is important to remember that regulations alone cannot prevent accidents and injuries, riders must also be mindful of safety issues. Read ALL warnings and requirements for driving. For example, don’t rely on the ride operator to enforce a height requirement. If you have small children with you who do not meet the ground clearance requirement, do not let them board, even if the ride operator allows them.
With strict regulations and responsible drivers, let’s hope that the 2010 summer season will also be free of serious injuries.
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