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Current Status Bill Number:View additional legislative information at the LPITS web site.4380 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010919 Primary Sponsor:Scarborough All Sponsors:Scarborough, Harrell and Limehouse Drafted Document Number:l:\council\bills\skb\18670ac01.doc Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Amusement and carnival rides, to enact the Rider Safety Act History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010919 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill
TO AMEND TITLE 41, CHAPTER 18, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMUSEMENT RIDER SAFETY CODE BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA RIDER SAFETY ACT REQUIRING RIDERS OF AMUSEMENT AND CARNIVAL RIDES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH RIDES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND NAMED "GENERAL PROVISIONS".
Whereas, the General Assembly finds:
(1) carnival or amusement rides are used by a large number of citizens of this State and attract to this State a large number of nonresidents, significantly contributing to the tourist industry and tax base of this State;
(2) the safety of the public using carnival or amusement rides is an important matter of public policy;
(3) there are inherent risks associated with all machinery, equipment, or animals that are impractical or impossible for an amusement owner to eliminate with all reasonable safety precautions, and an informed rider is in the best position to avoid those risks; and
(4) the safety of carnival or amusement rides will be greatly improved at minimal cost if riders are subject to safety standards for their own protection and the protection of others. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 18, Title 41 of the 1976 Code is amended by adding:
Section 41-18-300. This article may be cited as the 'South Carolina Rider Safety Act'.
Section 41-18-310. As used in this article:
(1) 'Parent or guardian' means each parent, custodian, or guardian responsible for the control, safety, training, or education of a minor, disabled, or incompetent rider.
(2) 'Rider' means a person who is:
(a) waiting in the immediate vicinity to get on a carnival or amusement ride;
(b) getting on a carnival or amusement ride;
(c) using a carnival or amusement ride;
(d) getting off a carnival or amusement ride; or
(e) leaving a carnival or amusement ride and still in its immediate vicinity.
'Rider' does not include employees or agents of the owner while engaged in the duties of their employment.
(3) 'Sign' means a symbol or language reasonably calculated to communicate information to riders or riders' parents or guardians including, but not limited to, placards, prerecorded messages, live public address, stickers, pictures, pictograms, guidebooks, brochures, video, verbal information, and visual signals.
Section 41-18-320. (A) A rider shall at a minimum:
(1) obey the posted rules and warnings and instructions for a carnival or amusement ride issued by the owner or the owner's employee or agent; and
(2) refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:
(a) exceeding the limits of the rider's ability;
(b) interfering with safe operation of the carnival or amusement ride;
(c) not engaging any safety devices that are provided;
(d) disconnecting or disabling a safety devise except at the express instruction of the owner's agent or employee;
(e) altering or enhancing the intended speed, course, or direction of a carnival or amusement ride;
(f) using, touching, or tampering with the controls of a carnival or amusement ride designed solely to be operated by the owner's agent or employee;
(g) extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee;
(h) throwing, dropping, or expelling an object from or toward a carnival or amusement ride except as permitted by the owner's agent or employee;
(i) getting on or off a carnival or amusement ride except at the designated time and area, if any, at the direction of the owner's agent or employee or in an emergency;
(j) not reasonably controlling the speed or direction of the rider or a carnival or amusement ride that requires the rider to control or direct himself or a ride; and
(k) overloading a carnival or amusement ride beyond its designed capacity.
(B) A rider must not get on or attempt to get on a carnival or amusement ride unless the rider, or the rider's parent or guardian on the rider's behalf, reasonably determines that, at a minimum, the rider:
(1) has sufficient knowledge to use, get on, and get off the carnival or amusement ride safely without instruction or has requested and received before getting on the carnival or amusement ride sufficient information to get on, use, and get off safely;
(2) has located, reviewed, and understood any signs in the vicinity of the carnival or amusement ride and has satisfied any posted height or other restrictions or requirements;
(3) knows the range and the limits of his ability and knows that the requirements of the carnival or amusement ride will not exceed those limits;
(4) is not under the influence of alcohol or any drug that affects his ability to safely use the carnival or amusement ride or to obey the posted rules or warnings or instructions; and
(5) is authorized by the owner's authorized agent or employee to get on the carnival or amusement ride.
(C)(1) A rider, or a rider's parent or guardian on the rider's behalf, shall report in writing to the owner any injury sustained on a carnival or amusement ride before leaving the owner's premises, including:
(a) the name, address, and phone number of the injured person;
(b) a full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury;
(c) the cause of the injury, if known, and
(d) the names, addresses, and phone numbers of any witnesses to the incident.
(2) If the rider, or the rider's parent or guardian on the rider's behalf, is unable to file a report because of the severity of the rider's injuries, the rider, or the rider's parent or guardian, shall file the report as soon as reasonably possible.
(3) The failure of the rider, or the rider's parent or guardian on the rider's behalf, to report an injury under this subsection has no effect on the rider's right to commence a civil action.
Section 41-18-330. Parents or guardians of riders have a duty to ensure that a rider complies with all provisions of this article.
Section 41-18-340. (A) An owner or an owner's agent or employee may detain a person for a reasonable time in a reasonable manner for the purpose of conducting an investigation if the owner or the owner's agent or employee has reasonable cause to believe that the person to be detained has violated any of the owner's, or the owner's agent's or employee's, lawful posted rules or warnings or instructions.
(B) In a civil action brought by a person resulting from a detention of a person by an owner or an owner's agent or employee, it is a defense to that action that the owner or the owner's agent or employee who detained the person had reasonable cause to believe that the person had violated a lawful posted rule or warning or direction of the owner or of the owner's employee or agent, and that the owner or owner's agent or employee detained the person for a reasonable time in a reasonable manner for the purpose of conducting an investigation of the alleged violation.
Section 41-18-350. (A) The owner shall display signs that include a legend providing that 'State law requires riders to obey all warnings and directions and behave in a manner that will not cause or contribute to injuring themselves or others. Riders must report all injuries before leaving'.
(B) The owner shall display these signs at:
(1) any station for reporting an injury;
(2) any first aid station; and
(3) either:
(a) any entrance or exit to or from the premises designated for riders; or
(b) any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement ride.
Section 41-18-360. If a person wilfully violates this article, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two months or both."
SECTION 2. If any provision of this article or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or application and to this end the provisions of this article are severable.
SECTION 3. Sections 41-18-10 through 41-18-150 are designated as Article 1, Chapter 18, Title 41 of the 1976 Code and named "General Provisions".
SECTION 4. This act takes effect upon approval by the Governor.
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