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Safety Depends on Siting
The U.S. Consumer Product Safety Commission is authorized to investigate accidents and work with manufacturers to correct defects or hazards, but only on traveling carnival rides. Rides operated at amusement parks and water parks are exempt from all federal safety oversight.
No federal agency has authority to set uniform safety standards for amusement park rides, investigate serious accidents at permanent facilities, or require mitigation of hazards that may lead to rider injuries on those machines.
How Is the CPSC Involved With Mobile Amusement Rides?
The Consumer Product Safety Commission acts as a clearinghouse, collecting and disseminating information on mobile amusement ride incidents, recalls, and safety concerns to state and local regulatory officials. CPSC is the only regulatory agency with jurisdiction to "connect the dots" between accidents that happen in different states. The Commission investigates incidents involving mobile rides to identify defects and, where appropriate, obtains corrective action to address those defects.
Why Are Amusement Park Rides Exempt from CPSC Oversight?
In 1981, following legal challenges and lobbying by owners of large theme parks, Congress limited CPSC authority to only those rides "not permanently fixed to a site". A few sentences inserted into a 600-page omnibus agriculture bill deregulated the $10 billion amusement park industry without ensuring that state or local governments filled in the gap.
In 1984, and again in 2000, Congress held hearings to reassess the wisdom of the loophole deregulating theme park thrill rides. In both cases, the hearings were triggered by a spike in the number of publicized fatalities on permanent amusement rides.
Congressman Ed Markey introduced legislation in 1999 to repeal the theme park loophole. The National Amusement Park Ride Safety Act remains stalled in committee.
Who Monitors Consumer Safety at Permanent Parks?
That depends on which park you're visiting, and which state, county, or city it happens to be in. As of 2008, 24 states had implemented a government inspection and accident investigation program for amusement rides. 11 states relied on insurance companies or 3rd party inspectors to audit industry compliance with safety standards and regulations. 9 states fell somewhere in the middle, with government exerting authority over some, but not all, critical safety functions. 6 states had no established regulations for the safety of amusement rides.
- Rides at Florida's theme parks (Disney World, Universal Orlando, Busch Gardens) are exempt from state ride inspection and accident investigation regulations.
- In states like Utah and Arizona, all amusement park, water park, and carnival rides are allowed to operate without government safety inspections and accident investigations.
- States like Texas and Colorado have ride safety laws that allow parks to hire their own inspectors and police their own accidents.
- More on state ride safety regulations.
