Montana

Jurisdiction: 
Montana
Overview
Unless otherwise indicated, "devices covered" includes mechanical rides at amusement parks, carnivals and fairs.
Devices Covered: 

"Amusement ride" or "ride" means a movable, portable, or nonpermanent structure that features or employs a mechanical, aquatic, or other device or attraction that carries passengers over a fixed or restricted route or that operates in a fixed or restricted area, primarily for the passengers' amusement. This definition applies to amusement rides that are set up and operate in any location in Montana for not more than 30 days.

Inspection Program: 

None

Investigative Authority: 

None

Reporting Criteria: 

None

Patron Responsibility Law: 

Only applies to portable amusement rides.

27-1-744. Passenger responsibilities and prohibitions. (1) A passenger may not:
(a) enter or exit an amusement ride except at a time and place, if any, designated by an operator or employee and in the manner and under the supervision of an operator or employee;
(b) throw or drop an object from or in the direction of an amusement ride;
(c) fail or refuse to comply with the instructions of an operator or employee operating or supervising an amusement ride;
(d) act in a manner that could interfere with the safe operation of an amusement ride or with the safety of a passenger;
(e) disable or attempt to disable any safety or restraining device;
(f) alter or enhance the designed speed, course, or direction of an amusement ride;
(g) operate or attempt to operate amusement ride controls designed to be operated only by the operator or employee operating the ride; or
(h) use an amusement ride when under the influence of alcohol or drugs to the point that the ability of the passenger to safely use the ride is diminished. An operator or employee may prohibit a person from using or continuing a ride if the operator or employee reasonably believes that the person is under the influence of alcohol or drugs to the point that the person's ability to safely use or continue the ride is diminished.
(2) A passenger shall follow warnings and other information posted by or orally given to the passenger by an operator or employee.

27-1-745. Injury reports. (1) (a) A passenger who is injured on or by an amusement ride is encouraged to report the injury to the operator before leaving the amusement ride premises. The passenger shall if possible, not later than 6 months after the injury, report the injury to the operator or to the owner of the premises where the amusement ride was located at the time of the injury. The report must include:
(i) the passenger's name, address, and telephone number;
(ii) a brief description of the injury and how it occurred, including the date, approximate time, location, and amusement ride upon which the injury occurred; and
(iii) the names, addresses, and telephone numbers of known witnesses to the injury.
(b) The operator shall provide to the person who was injured and who has filed an injury report:
(i) the individual operator's name, current address, and telephone number;
(ii) a brief description of the ride, the maintenance schedule for the ride, and the manufacturer of the ride; and
(iii) the names, current addresses, and telephone numbers of all known witnesses to the injury.
(2) The report must be kept by the operator for at least 3 years after its receipt and must be made available for inspection by the injured passenger or the passenger's agent during business hours.

Date of last update: 
March 21, 2017