In the summer, many tourists and families from Pennsylvania, Delaware, and New Jersey drive to the Jersey Shore. One of the favorite pastimes of most vacationers is riding the boardwalk attractions. So who keeps the wrinkles? Are wrinkles safe? What happens if there is an accident and someone gets hurt?
The New Jersey Division of Codes and Regulations, part of the New Jersey Department of Community Affairs (DCA), governs the safety of attractions at amusement parks and carnivals to ensure the safety of these attractions for the public in accordance with the Law safety of attractions and carnivals. . NJAC 5:14A-1.1 – 5:14A-13.5, which has only been implemented in the last few years. The Law establishes responsibilities not only for the owner and manufacturer of the attractions, but also for the user. The Law has 13 Subchapters, but in this article only some chapters of interest will be addressed. The full act can be found on the DCA website.
Subchapters 2 and 4 address the responsibility of owners and manufacturers with respect to wrinkle maintenance. Before an attraction is open to the public, DCA requires the owner and manufacturer of the attraction to submit documentation for review regarding all carnival and amusement rides. These documents result in an annual inspection and a permit to operate the attraction in New Jersey. Additionally, attractions are inspected by DCA before they are open to the public.
In addition to annual inspections by DCA, owners must inspect and test the attraction each day of intended use. Inspection and testing must be performed by a qualified person who is experienced and instructed in the proper assembly and operation of the device and must be performed before the ride is placed into normal operation.
Subchapter 3 addresses the liability of bicyclists. The Law basically says that a passenger must comply with the written warnings and instructions published by the operator of the game, which include signs of conduct of the passenger; Height, weight and size restrictions. § 5:14A-3.2. It also states that if a passenger is under the influence of any alcoholic beverage, prescription drug, or other controlled substance, he or she must not board the ride. § 5:14A-3.3
What happens if there is an accident? The Law requires that owners 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” means any incident of death or serious injury, ejection from the game, or failure of a critical structural or mechanical component, regardless of cause. The owner must close the trip and immediately report it to the Department by phone and prepare a written report and fax it to the Department within 24 hours of the incident. The ride will remain closed until the Department opens it. NJAC 5:14A-14.3(a).
“Report within 24 hours” means any travel-related injury requiring first aid, or any mechanical malfunction, or an emergency evacuation from the trip. The owner must report the incident to the Department within 24 hours by fax or phone. The owner has 5 days to submit a written report to the Department. NJAC 5:14A-14.3(b).
Lastly, the owner is also supposed to keep a record of all incidents not reported to the Department involving trip-related injuries or complaints. NJAC 5:14A-14.3(c).
With the regulations implemented in recent years, security has improved. In fact, the 2009 summer season in New Jersey was free of serious injuries on roller coasters, Ferris wheels, and log flumes, New Jersey state officials reported.
It is important to note that regulations alone cannot prevent accidents and injuries, bicyclists must also be aware of safety issues. Read ALL warnings and requirements for the trip. For example, don’t rely on the ride operator to enforce the height requirement. If you have small children with you who do not meet the ride’s height requirement, do not allow them to ride, even if the ride operator allows it.
With strict regulations and responsible riders, let’s hope that the 2010 summer season will also be free of serious injuries.