(a) An owner/operator who operates an amusement ride
(the operator) must maintain accurate records of each injury caused
by the ride in any state in which the injury results in death or requires
medical treatment. An injury is caused by the ride if the injury occurs
on the ride or is in any way associated with the ride.
(1) TDI adopts and incorporates by reference TDI Form
AR-800 (Quarterly Injury Report Amusement Ride Safety Inspection and
Insurance Act), revised effective May 2022. This form is published
by TDI, and copies of the form may be obtained from the Inspections
Office, MC: PC-INSP, Texas Department of Insurance, P.O. Box 12030,
Austin, Texas 78711-2030, or on TDI's website at www.tdi.texas.gov/forms/formlisting.html.
The operator must file an injury report on TDI Form AR-800 with TDI
on a quarterly basis and must include in the report a description
of each verifiable injury caused by a ride that results in death or
an injury that requires medical treatment.
(2) For purposes of this section, the term "medical
treatment" includes treatment (other than first aid) administered
by a physician or by registered professional personnel under the standing
orders of a physician.
(3) For purposes of this section, the term "medical
treatment" does not include first-aid treatment (one-time treatment
and subsequent observation of minor scratches, cuts, burns, splinters,
and any other minor injuries that do not ordinarily require medical
care) even though treatment is provided by a physician or by registered
professional personnel.
(4) The quarterly injury report is not required of
the operator for any quarter in which no reportable injury occurs
in any state.
(b) An owner/operator who operates an amusement ride
must maintain accurate records of any governmental action taken in
any state relating to that particular amusement ride, including an
inspection resulting in the repair or replacement of equipment used
in the operation of the amusement ride.
(1) TDI adopts and incorporates by reference TDI Form
AR-801 (Quarterly Governmental Action Report Amusement Ride Safety
Inspection and Insurance Act), revised effective May 2022. This form
is published by TDI, and copies of the form may be obtained from the
Inspections Office, MC: PC-INSP, Texas Department of Insurance, P.O.
Box 12030, Austin, Texas 78711-2030, or on TDI's website at www.tdi.texas.gov/forms/form13amusement.html.
The owner/operator must file a governmental action report on TDI Form
AR-801 with TDI on a quarterly basis and must include in the report
a description of each governmental action taken in any state during
the quarter covered by the report relating to that particular amusement
ride, including an inspection resulting in the repair or replacement
of equipment used in the operation of the amusement ride.
(2) For purposes of this section, the term "governmental
action" includes an action in the exercise of police power or in the
exercise of constitutional, legislative, administrative, or judicial
powers conferred on federal, state, or local government, and that
results in any notification to the owner/operator relating to the
amusement ride, including notifications of any perceived deficiencies
regarding the safety of the amusement ride or the possibility of actual
or imminent noncompliance with applicable laws, or any action taken
in an administrative law forum or court of law, including private
civil lawsuits.
(3) The quarterly governmental action report is not
required of the owner/operator for any quarter in which no reportable
governmental action was taken in any state.
(c) An owner/operator who operates an amusement ride
must maintain for not less than two years at the location where the
ride is operated, for inspection by a municipal, county, or state
law enforcement official, a photocopy of any quarterly report required
under subsection (a) or (b) of this section to be filed with the commissioner.
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Source Note: The provisions of this §5.9007 adopted to be effective September 29, 1993, 18 TexReg 6315; amended to be effective May 4, 2000, 25 TexReg 3787; amended to be effective November 3, 2005, 30 TexReg 7049; amended to be effective November 3, 2024, 49 TexReg 8587 |