Amusement rides exempt from inspection in Vermont

Carloads of families head to fairs and and carnivals each year to spin and fly through the air on amusement rides. In New York, Colorado or California, these machines would be inspected, but not necessarily in Vermont.

The state has no law requiring inspection of amusement park rides.

Four amusements park accidents took place around the nation over the last week. One child was killed, another suffered brain injury and at least two have been hospitalized.

Ride operators currently only need a list stating the name, capacity, speed, serial number and description of the ride, in addition to a minimum of $1 million in insurance coverage, according to the Vermont Secretary of State website.

Only three injuries were reported in Vermont between 2004 and 2012, according to the Amusement Safety Organization's carnival company injury database, but the record does little to reassure Rep. Richard Lawrence, R-Lyndonville.

"It isn't if an accident will happen, it is when it happens," Lawrence said. "I am very concerned about the safety of all rides in the state of Vermont."

In 2013, Lawrence, vice chairman of the House Agriculture Committee, sponsored a bill that would require inspection. The bill failed to make it out of the committee.

Lawrence, who is also a member of the Vermont Fairs Association, originally looked into using taxes that ride companies pay the state to partially fund inspection, but the Vermont Department of Taxes would not provide him with numbers. He then reached out to the Department of Labor and the Agency of Agriculture who both had no interest in regulation.

The state of Vermont has no certified inspectors, so Lawrence tried to see if inspectors in New Hampshire and New York would come to the state. He met with ride companies who operate in Vermont and got them on board.

While the agricultural committee was fully supportive, Lawrence faced members of the Legislature who wanted further regulation, which he said could have jeopardized the future of Vermont fairs.

"Even with a state inspection, that basically only ensures that the rides are inspected for that one day," he said.

Lawrence made the decision to stop pushing for the bill.

"I didn't want to risk putting poor legislation through," he said. "As accidents are happening in other places around the country, I certainly will introduce some [inspection] legislation this year."

Strates Shows provides the rides at the Champlain Valley Fair, the state's largest event, and began partnering with the organization last year. The company provides a director of safety who oversees daily operations. In addition, each ride attendant conducts a daily checklist inspection before opening a ride.

"In most states you are exceeding the requirements because of a few states that have higher requirements," said Jim Strates, the company's director of operations. 

In order to follow both state and manufacturer requirements, Strates Shows brings in an outside technician for testing every January, looking for metal fatigue, cracks and replacing components. The company operates approximately 50 rides.

"Besides moral and ethical reasons, you can't afford to stay in business with accidents," Strates said.

While the company takes extensive measures to ensure rides operate properly, Strates says amusement ride accidents are mostly a result of bad decisions, stressing that one is far more likely to be killed while driving a car.

"The overwhelming number of accidents are patron error," he said. "These things are big, fast moving machines. You need to respect these things."

Patrons can not only injure themselves, but can also injure the ride operator, other riders, as well as damage the ride itself as a result of reckless behavior, Strates said.

Several states have passed rider responsibility laws, which make the individual who misbehaves on a ride responsible for their action, making it a crime. This type of legislation is common in the ski industry to protect resorts from liability.

For those looking to stay safe, the International Association of Amusement Parks and Attractions suggests obeying all listed age, height, weight, and health requirements for rides, wearing provided restraints and safety devices, as well as listening to all ride safety rules and instructions. 

Despite the absence of a law requiring inspection, the Champlain Valley Fair spends around $5,500 per year to hire a private ride inspector, according to Director of Operations Christopher Ashby. The inspector surveys and examines the rides for several days prior to the fair’s opening, making sure all rides are safe for operation.

“I don’t know if we can put a price tag on our guests’s safety,” Ashby said. “If an accident were to take place we would want to know that we had done everything we could to prevent it from happening.”

Ashby said that the fair is not in a position to comment on the necessity of a state law. He said that inspection is up to the management of other organizations, adding that accident numbers are relatively low compared to other activities, and have not been a problem in the state.

“Overall, if you really look through the numbers statewide, more accidents have taken place involving operators and set up,” he said.

According to Lawrence, the Champlain Valley Fair is the only fair in the state that hires a private inspector in addition to regular checklist inspection by the ride company. The Vermont Fairs Association has 14 member fairs, which are required to operate at least three days to join.

The Amusement Safety Organization, which tracks amusement ride injuries around the country, believes that lack of state regulation creates vulnerability for riders. 

"Certainly it's a weakness if there's no mechanism for enforcement," Jason Herrera, a spokesman for the organization, wrote in an email.