Michigan Department of Licensing and Regulatory Affairs

Jurisdiction: 
Michigan
Agency: 
Department of Licensing and Regulatory Affairs
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

Includes zip lines, aerial lifts, go-karts, water slides. Excludes hobby locomotive operating on narrow gauge tracks less than 24 inches.

Inspection Program: 

State officials inspect rides at least once per year. Officials may inspect rides more often, and do when problems or questions arise that warrant a re-inspection.

Investigative Authority: 

State inspectors are authorized to investigate serious accidents.

Reporting Criteria: 

(a) Must report in writing any accident resulting in injury within 24hrs of occurrence.
(b) Immediate phone report is required if fatality occurs or person suffers a fracture, concussion, laceration, or other traumatic injury requiring immediate surgical or medical care resulting from structural or mechanical failure of the ride.
(c) A major breakdown / mechanical failure must be reported within 24 hrs, followed up by a written report within 7 days.
(d) For cases b & c, the department may require that the ride be shutdown pending an investigation.

Patron Responsibility Law: 

408.668 Required conduct of rider; requirements. Sec. 18.
(1) A rider of a carnival or amusement ride shall, at a minimum, do all of the following:
(a) Obey the reasonable safety rules posted in accordance with this act and oral instructions for the carnival or amusement ride given by the operator or an employee or agent of the operator, unless the safety rules or oral instructions are contrary to the safety rules provided in this act.
(b) Refrain from acting in any manner that may cause or contribute to the injury of the rider or others, including, but not limited to, all of the following:
(i) Exceeding the limits of his or her ability.
(ii) Interfering with safety devices that are provided.
(iii) Failing to engage safety devices that are provided.
(iv) Disconnecting or disabling a safety device except at the express instruction of the operator or an employee or agent of the operator.
(v) Altering the intended speed, course, or direction of the carnival or amusement ride.
(vi) Using the controls of a carnival or amusement ride designed solely to be operated by the operator or an employee or agent of the operator.
(vii) Extending arms and legs beyond the carrier or seating area except at the express direction of the operator or an employee or agent of the operator.
(viii) Throwing, dropping, or expelling an object from or toward a carnival or amusement ride except as permitted by the operator or an employee or agent of the operator.
(ix) Getting on or off a carnival or amusement ride except at the designated time and area, unless directed by the operator or an employee or agent of the operator or in an emergency.
(x) On a carnival or amusement ride that requires the rider to control or direct his or her body or the carnival or amusement ride, not reasonably controlling the speed or direction of the carnival or amusement ride or his or her body.
(xi) Intentionally dropping, throwing, or expelling an object from a carnival or amusement ride while riding on the carnival or amusement ride.
(xii) Doing any act that interferes with the running or operation of a carnival or amusement ride, including, but not limited to, swinging or bouncing on an aerial carnival or amusement ride or attempting to contact supporting towers, machinery, guides, or guards while riding on a carnival or amusement ride.
(2) A rider of a carnival or amusement ride shall not get on or attempt to get on a carnival or amusement ride unless the rider or the rider's parent or guardian reasonably determines that, at a minimum, the rider meets all of the following requirements:
(a) He or she has sufficient knowledge to get on, use, and get off the carnival or amusement ride safely without instruction or has requested and received sufficient information to get on, use, and get off the carnival or amusement ride safely prior to getting on the carnival or amusement ride.
(b) He or she is aware of, has read, and understands any signs in the vicinity of the carnival or amusement ride and meets any posted height, medical, or other requirements.
(c) He or she knows the range and limits of his or her ability and knows the requirements of the carnival or amusement ride will not exceed those limits.
(d) He or she is not under the influence of alcohol or any drug that affects his or her ability to safely use the carnival or amusement ride or obey the posted rules or oral instructions.
(e) He or she is authorized by the operator or by an employee or agent of the operator to get on the carnival or amusement ride.
History: Add. 2000 Act 346, Eff. Mar. 28, 2001
408.670 Injury report. Sec. 20.
(1) Before leaving the operator's premises, a rider of a carnival or amusement ride or his or her parent or guardian shall report in writing to the operator or an employee or agent of the operator, on a form provided by the operator or the employee or agent of the operator, any injury sustained on a carnival or amusement ride. The report shall include all of the following information:
(a) The name, address, and telephone number of the injured person.
(b) A brief description of the incident, the injury claimed, and the location, date, and time of the injury.
(c) The cause of the injury, if known.
(d) The name, address, and telephone number of any witness to the incident.
(2) If the rider of a carnival or amusement ride or his or her parent or guardian is unable to file a report under subsection (1) because of the severity of the rider's injuries, the rider or his or her parent or guardian shall file the report as soon as reasonably possible. The failure of a rider or his or her parent or guardian to report an injury under this section does not affect the rider's right to bring a civil action related to the incident.
History: Add. 2000 Act 346, Eff. Mar. 28, 2001

Date of last update: 
April 10, 2017