Maine Department of Public Safety

Jurisdiction: 
Maine
Agency: 
Department of Public Safety
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

Includes bungees, water slides. Excludes inflatables, non-mechanized playground equipment.

Inspection Program: 

Rides/devices must pass an inspection by officials from the State Fire Marshal's office prior to first operation within the state, and may be reinspected in case of accident or if a complaint is filed. Inflatables are generally registered without an inspection, but may be inspected when operating with permanent or portable rides and after an accident or complaint.

Investigative Authority: 

State inspectors are authorized to inspect rides after an accident.

Reporting Criteria: 

If patron is transported to hospital, accident must be reported immediately and ride shut down pending authorization to re-open. Other injuries must be reported within 24 hours.

Patron Responsibility Law: 

§803. Rider conduct
1. Reports. A rider or the rider's parent or guardian shall report in writing to the amusement owner or the amusement owner's designee any injury sustained on an amusement ride before leaving the amusement owner's premises, including:
A. The name, address and phone number of the injured person; [1997, c. 303, §1 (NEW).]
B. A brief description of the incident, the injury claimed and the location, date and time of the injury; [1997, c. 303, §1 (NEW).]
C. The cause of the injury, if known; and [1997, c. 303, §1 (NEW).]
D. The names, addresses and phone numbers of any witnesses to the incident. [1997, c. 303, §1 (NEW).]
If the rider or the rider's parent or guardian 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. The failure of a rider or the rider's parent or guardian to report an injury under this section does not affect the rider's right to commence a civil action.
[ 1997, c. 303, §1 (NEW) .]
2. Code of conduct. A rider shall at a minimum:
A. Obey the reasonable safety rules posted in accordance with this Act and oral instructions for an amusement ride issued by the amusement owner or the amusement owner's employee or agent, unless:
(1) The safety rules are contrary to this Act; or
(2) The oral instructions are contrary to this Act or the safety rules; and [1997, c. 303, §1 (NEW).]
B. Refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:
(1) Exceeding the limits of the rider's ability;
(2) Interfering with safe operation of the amusement ride;
(3) Not engaging any safety devices that are provided;
(4) Disconnecting or disabling a safety device except at the express instruction of the ride operator;
(5) Altering or enhancing the intended speed, course or direction of an amusement ride;
(6) Using the controls of an amusement ride designed solely to be operated by the ride operator;
(7) Extending arms and legs beyond the carrier or seating area except at the express direction of the ride operator;
(8) Throwing, dropping or expelling an object from or toward an amusement ride except as permitted by the ride operator;
(9) Getting on or off an amusement ride except at the designated time and area, if any, at the direction of the ride operator or in an emergency; and
(10) Not reasonably controlling the speed or direction of the rider's person or an amusement ride that requires the rider to control or direct the rider's person or a device. [1997, c. 303, §1 (NEW).]
[ 1997, c. 303, §1 (NEW) .]
3. Rider qualifications. A rider may not get on or attempt to get on an amusement ride unless the rider or the rider's parent or guardian reasonably determines that, at a minimum, the rider:
A. Has sufficient knowledge to use, get on and get off the amusement ride safely without instruction or has requested and received before getting on the ride sufficient information to get on, use and get off safely; [1997, c. 303, §1 (NEW).]
B. Has located, reviewed and understood any signs in the vicinity of the ride and has satisfied any posted height, medical or other restrictions; [1997, c. 303, §1 (NEW).]
C. Knows the range and limits of the rider's ability and knows the requirements of the amusement ride will not exceed those limits; [1997, c. 303, §1 (NEW).]
D. Is not under the influence of alcohol or any drug that affects the rider's ability to safely use the amusement ride or obey the posted rules or oral instructions; and [1997, c. 303, §1 (NEW).]
E. Is authorized by the amusement owner or the amusement owner's authorized servant, agent or employee to get on the amusement ride. [1997, c. 303, §1 (NEW).]
[ 1997, c. 303, §1 (NEW) .]
SECTION HISTORY
1997, c. 303, §1 (NEW).

Date of last update: 
April 8, 2017