House Introduced Bill 5509

HOUSE BILL No. 5509

March 15, 2000, Introduced by Rep. Stamas and referred to the Committee on Conservation and Outdoor Recreation.

A bill to amend 1966 PA 225, entitled

"Carnival-amusement safety act of 1966,"

by amending section 2 (MCL 408.652), as amended by 1998 PA 507,

and by adding sections 18, 19, and 20.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 2. As used in this act:

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(a) "Carnival or amusement ride" means a device which THAT

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carries or conveys passengers along, around, or over a fixed or

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restricted route or course for the purpose of giving its passen-

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gers amusement, pleasure, thrills, or excitement. Carnival or

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amusement ride does not include a hobby locomotive operating on

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narrow gauge tracks less than 24 inches and powered by steam,

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electricity, gas, or other fuel, whether or not it is operated on

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the owner's property.

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(b) "Department" means the department of consumer and

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industry services.

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(c) "Director" means the director of the department of con-

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sumer and industry services.

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(d) "Hobby" means an interest or activity that a person pur-

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sues without compensation in his or her leisure time.

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(e) "Operator" or "owner" means a person who owns or con-

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trols or has the duty to control the operation of a carnival or

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amusement ride and includes the state or any political subdivi-

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sion of the state.

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(F) "RIDER" OR "RIDER OF A CARNIVAL OR AMUSEMENT RIDE" MEANS

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A PERSON WAITING IN THE IMMEDIATE VICINITY OF A CARNIVAL OR

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AMUSEMENT RIDE TO GET ON THE CARNIVAL OR AMUSEMENT RIDE, GETTING

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ON A CARNIVAL OR AMUSEMENT RIDE, USING A CARNIVAL OR AMUSEMENT

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RIDE, GETTING OFF A CARNIVAL OR AMUSEMENT RIDE, OR LEAVING A CAR-

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NIVAL OR AMUSEMENT RIDE AND STILL IN THE IMMEDIATE VICINITY OF

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THE CARNIVAL OR AMUSEMENT RIDE. RIDER DOES NOT INCLUDE AN

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EMPLOYEE OR AGENT OF THE OPERATOR WHILE ENGAGED IN THE DUTIES OF

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HIS OR HER EMPLOYMENT.

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(G) "SIGN" MEANS ANY SYMBOL OR LANGUAGE REASONABLY CALCU-

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LATED TO COMMUNICATE INFORMATION TO A RIDER OR THE RIDER'S PARENT

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OR GUARDIAN, INCLUDING PLACARDS, PRERECORDED MESSAGES, LIVE

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PUBLIC ADDRESS, STICKERS, PICTURES, PICTOGRAMS, VIDEO, VERBAL

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INFORMATION, AND VISUAL SIGNALS.

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(H) (f) "Special inspector commission" means an authoriza-

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tion issued annually by the department that requires an operator,

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owner, or representative of the owner or operator to perform

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daily inspections of a carnival or amusement ride, to maintain a

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daily inspection log, and to be present on the premises where the

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ride is located while the ride is being operated.

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SEC. 18. (1) A RIDER OF A CARNIVAL OR AMUSEMENT RIDE SHALL,

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AT A MINIMUM, DO ALL OF THE FOLLOWING:

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(A) OBEY THE REASONABLE SAFETY RULES POSTED IN ACCORDANCE

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WITH THIS ACT AND ORAL INSTRUCTIONS FOR THE CARNIVAL OR AMUSEMENT

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RIDE GIVEN BY THE OPERATOR OR AN EMPLOYEE OR AGENT OF THE OPERA-

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TOR, UNLESS THE SAFETY RULES OR ORAL INSTRUCTIONS ARE CONTRARY TO

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THE SAFETY RULES PROVIDED IN THIS ACT.

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(B) REFRAIN FROM ACTING IN ANY MANNER THAT MAY CAUSE OR CON-

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TRIBUTE TO THE INJURY OF THE RIDER OR OTHERS, INCLUDING, BUT NOT

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LIMITED TO, ALL OF THE FOLLOWING:

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(i) EXCEEDING THE LIMITS OF HIS OR HER ABILITY.

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(ii) INTERFERING WITH SAFETY DEVICES THAT ARE PROVIDED.

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(iii) FAILING TO ENGAGE SAFETY DEVICES THAT ARE PROVIDED.

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(iv) DISCONNECTING OR DISABLING A SAFETY DEVICE EXCEPT AT

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THE EXPRESS INSTRUCTION OF THE OPERATOR OR AN EMPLOYEE OR AGENT

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OF THE OPERATOR.

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(v) ALTERING THE INTENDED SPEED, COURSE, OR DIRECTION OF THE

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CARNIVAL OR AMUSEMENT RIDE.

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(vi) USING THE CONTROLS OF A CARNIVAL OR AMUSEMENT RIDE

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DESIGNED SOLELY TO BE OPERATED BY THE OPERATOR OR AN EMPLOYEE OR

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AGENT OF THE OPERATOR.

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(vii) EXTENDING ARMS AND LEGS BEYOND THE CARRIER OR SEATING

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AREA EXCEPT AT THE EXPRESS DIRECTION OF THE OPERATOR OR AN

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EMPLOYEE OR AGENT OF THE OPERATOR.

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(viii) THROWING, DROPPING, OR EXPELLING AN OBJECT FROM OR

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TOWARD A CARNIVAL OR AMUSEMENT RIDE EXCEPT AS PERMITTED BY THE

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OPERATOR OR AN EMPLOYEE OR AGENT OF THE OPERATOR.

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(ix) GETTING ON OR OFF A CARNIVAL OR AMUSEMENT RIDE EXCEPT

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AT THE DESIGNATED TIME AND AREA, UNLESS DIRECTED BY THE OPERATOR

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OR AN EMPLOYEE OR AGENT OF THE OPERATOR OR IN AN EMERGENCY.

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(x) ON A CARNIVAL OR AMUSEMENT RIDE THAT REQUIRES THE RIDER

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TO CONTROL OR DIRECT HIS OR HER BODY OR THE CARNIVAL OR AMUSEMENT

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RIDE, NOT REASONABLY CONTROLLING THE SPEED OR DIRECTION OF THE

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CARNIVAL OR AMUSEMENT RIDE OR HIS OR HER BODY.

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(xi) INTENTIONALLY DROPPING, THROWING, OR EXPELLING AN

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OBJECT FROM A CARNIVAL OR AMUSEMENT RIDE WHILE RIDING ON THE CAR-

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NIVAL OR AMUSEMENT RIDE.

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(xii) DOING ANY ACT THAT INTERFERES WITH THE RUNNING OR

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OPERATION OF A CARNIVAL OR AMUSEMENT RIDE, INCLUDING, BUT NOT

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LIMITED TO, SWINGING OR BOUNCING ON AN AERIAL CARNIVAL OR AMUSE-

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MENT RIDE OR ATTEMPTING TO CONTACT SUPPORTING TOWERS, MACHINERY,

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GUIDES, OR GUARDS WHILE RIDING ON A CARNIVAL OR AMUSEMENT RIDE.

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(2) A RIDER OF A CARNIVAL OR AMUSEMENT RIDE SHALL NOT GET ON

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OR ATTEMPT TO GET ON A CARNIVAL OR AMUSEMENT RIDE UNLESS THE

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RIDER OR THE RIDER'S PARENT OR GUARDIAN REASONABLY DETERMINES

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THAT, AT A MINIMUM, THE RIDER MEETS ALL OF THE FOLLOWING

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REQUIREMENTS:

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(A) HE OR SHE HAS SUFFICIENT KNOWLEDGE TO GET ON, USE, AND

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GET OFF THE CARNIVAL OR AMUSEMENT RIDE SAFELY WITHOUT INSTRUCTION

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OR HAS REQUESTED AND RECEIVED SUFFICIENT INFORMATION TO GET ON,

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USE, AND GET OFF THE CARNIVAL OR AMUSEMENT RIDE SAFELY PRIOR TO

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GETTING ON THE CARNIVAL OR AMUSEMENT RIDE.

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(B) HE OR SHE IS AWARE OF, HAS READ, AND UNDERSTANDS ANY

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SIGNS IN THE VICINITY OF THE CARNIVAL OR AMUSEMENT RIDE AND MEETS

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ANY POSTED HEIGHT, MEDICAL, OR OTHER REQUIREMENTS.

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(C) HE OR SHE KNOWS THE RANGE AND LIMITS OF HIS OR HER ABIL-

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ITY AND KNOWS THE REQUIREMENTS OF THE CARNIVAL OR AMUSEMENT RIDE

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WILL NOT EXCEED THOSE LIMITS.

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(D) HE OR SHE IS NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY

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DRUG THAT AFFECTS HIS OR HER ABILITY TO SAFELY USE THE CARNIVAL

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OR AMUSEMENT RIDE OR OBEY THE POSTED RULES OR ORAL INSTRUCTIONS.

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(E) HE OR SHE IS AUTHORIZED BY THE OPERATOR OR BY AN

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EMPLOYEE OR AGENT OF THE OPERATOR TO GET ON THE CARNIVAL OR

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AMUSEMENT RIDE.

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SEC. 19. (1) AN OPERATOR SHALL DISPLAY SIGNS INDICATING THE

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APPLICABLE RIDER SAFETY RESPONSIBILITIES PROVIDED IN SECTION 18

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AND THE LOCATION OF STATIONS TO REPORT INJURIES UNDER

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SECTION 20. THE SIGNS SHALL BE LOCATED IN ALL OF THE FOLLOWING

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LOCATIONS:

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(A) EACH STATION FOR REPORTING AN INJURY.

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(B) EACH FIRST AID STATION.

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(C) IN ADDITION TO THE LOCATIONS DESCRIBED IN SUBDIVISIONS

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(A) AND (B), THE FOLLOWING LOCATIONS:

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(i) IF THERE ARE NOT MORE THAN 4 ENTRANCES OR EXITS FOR

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RIDERS, AT LEAST 2 LOCATIONS ON THE PREMISES, INCLUDING ANY

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ENTRANCE OR EXIT MOST COMMONLY USED BY RIDERS.

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(ii) IF THERE ARE MORE THAN 4 ENTRANCES AND EXITS FOR

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RIDERS, AT LEAST 4 OTHER LOCATIONS ON THE PREMISES, INCLUDING THE

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4 ENTRANCES AND EXITS MOST COMMONLY USED BY RIDERS.

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(iii) AT EVERY CARNIVAL OR AMUSEMENT RIDE.

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(2) IN ADDITION TO THE SIGNS REQUIRED UNDER SUBSECTION (1),

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AN OPERATOR SHALL POST A SIGN AT EACH CARNIVAL OR AMUSEMENT

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RIDE. THE SIGN SHALL BE PROMINENTLY DISPLAYED AT A CONSPICUOUS

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LOCATION, CLEARLY VISIBLE TO THE PUBLIC, AND BOLD AND LEGIBLE IN

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DESIGN. THE SIGN SHALL INCLUDE ALL OF THE FOLLOWING THAT APPLY:

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(A) OPERATIONAL INSTRUCTIONS.

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(B) SAFETY GUIDELINES FOR RIDERS.

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(C) RESTRICTIONS ON THE USE OF THE CARNIVAL OR AMUSEMENT

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RIDE.

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(D) BEHAVIOR OR ACTIVITIES THAT ARE PROHIBITED.

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(E) A LEGEND THAT STATES: "STATE LAW REQUIRES RIDERS TO

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OBEY ALL WARNINGS AND DIRECTIONS FOR CARNIVAL OR AMUSEMENT RIDES

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AND BEHAVE IN A MANNER THAT WILL NOT CAUSE OR CONTRIBUTE TO THE

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INJURY OF THEMSELVES OR OTHERS. RIDERS MUST REPORT INJURIES

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PRIOR TO LEAVING THE PREMISES. FAILURE TO COMPLY IS PUNISHABLE

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AS PROVIDED BY LAW.".

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SEC. 20. (1) BEFORE LEAVING THE OPERATOR'S PREMISES, A

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RIDER OF A CARNIVAL OR AMUSTMENT RIDE OR HIS OR HER PARENT OR

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GUARDIAN SHALL REPORT IN WRITING TO THE OPERATOR OR AN EMPLOYEE

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OR AGENT OF THE OPERATOR, ON A FORM PROVIDED BY THE OPERATOR OR

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THE EMPLOYEE OR AGENT OF THE OPERATOR, ANY INJURY SUSTAINED ON A

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CARNIVAL OR AMUSEMENT RIDE. THE REPORT SHALL INCLUDE ALL OF THE

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FOLLOWING INFORMATION:

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(A) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE INJURED

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PERSON.

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(B) A BRIEF DESCRIPTION OF THE INCIDENT, THE INJURY CLAIMED,

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AND THE LOCATION, DATE, AND TIME OF THE INJURY.

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(C) THE CAUSE OF THE INJURY, IF KNOWN.

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(D) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ANY WITNESS

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TO THE INCIDENT.

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(2) IF THE RIDER OF A CARNIVAL OR AMUSEMENT RIDE OR HIS OR

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HER PARENT OR GUARDIAN IS UNABLE TO FILE A REPORT UNDER

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SUBSECTION (1) BECAUSE OF THE SEVERITY OF THE RIDER'S INJURIES,

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THE RIDER OR HIS OR HER PARENT OR GUARDIAN SHALL FILE THE REPORT

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AS SOON AS REASONABLY POSSIBLE. THE FAILURE OF A RIDER OR HIS OR

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HER PARENT OR GUARDIAN TO REPORT AN INJURY UNDER THIS SECTION

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DOES NOT AFFECT THE RIDER'S RIGHT TO BRING A CIVIL ACTION RELATED

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TO THE INCIDENT.

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