Pursuant to the Occupations Code §2151.053 and 28 TAC §5.9004(5) (amended as 28 TAC §5.9004(e), effective March 6, 2008), the Department of Insurance (Department) is issuing a mandatory call for all persons who operate amusement rides with mobile operations in the state of Texas to complete and submit to the Department Form AR-102, a six-month schedule of mobile operations in the state of Texas, for the six-month period from April 1, 2008 through September 30, 2008, not later than March 17, 2008. A blank copy of TDI Form AR-102 is attached to this bulletin.
- You are required to submit a Form AR-102, a schedule of operating locations and dates for mobile operations, for the six-month period from April 1, 2008 through September 30, 2008 , not later than March 17, 2008 . This call is a requirement to comply with Occupations Code §2151.053 and 28 TAC §5.9004(5) (amended as 28 TAC §5.9004(e), effective March 6, 2008) at this time and is required even if a person who operates a mobile amusement ride in the state of Texas has submitted a Form AR-102 within the six-month period prior to this call. This call is required even if a person who operates a mobile amusement ride in the state of Texas is not scheduled to operate in Texas in the applicable the six-month time period. If a person who operates a mobile amusement ride in the state of Texas is not scheduled to operate in the state of Texas from April 1, 2008 through September 30, 2008, the person must still submit a Form AR-102 to the Department not later than March 17, 2008, indicating as such.
- You are required to submit an amended Form AR-102 within 10 days of a change in a schedule for a mobile amusement ride. Pursuant to Occupations Code Chapter 2151 and 28 TAC §5.9004(5) (amended as 28 TAC §5.9004(e), effective March 6, 2008), all persons who operate a mobile amusement ride in the state of Texas must submit an amended Form AR-102 to the Department within ten (10) days of any change to a schedule of operations.
Failure to comply with the requirements of this call within the time limits specified shall be considered by the Department to constitute a violation or violations of the Amusement Ride Safety Inspection and Insurance Act (Act), Occupations Code Chapter 2151 and 28 TAC §5.9004(5) (amended as 28 TAC §9004(e), effective March 6, 2008).
The Department reminds all persons who operates or will operate an amusement ride in the state of Texas of the other legal requirements for the operation of amusement rides in the state of Texas, as fully set out in the Amusement Ride Safety Inspection and Insurance Act (Act) and 28 TAC §§5.9001 - 5.9014. These requirements are not new and do not represent any change in law. Minimum legal requirements include, but are not limited to, the following:
- You are required to have each ride inspected prior to operation. Prior to operation, each amusement ride shall be inspected by an insurer or a person with whom the insurer has contracted. The inspection shall meet the standards of the manufacturer, the American Society for Testing and Materials (ASTM), or the insurer, whichever are the most stringent. The owner/operator shall submit the original certification of the inspection (completed by the inspector) to the Department, accompanied by proof of liability insurance in the amount required by the Act, and a $40.00 filing fee, and receive a certificate of inspection bearing a Department certification stamp and serial number, and a Texas Amusement Ride Compliance sticker.
- You are required to carry a specific amount of liability insurance on each ride. The owner/operator of each amusement ride shall have in force liability insurance for each ride in the amount specified by the Act. The insurance policy or a certified copy of the policy, containing a schedule listing by name and serial number each amusement ride insured by the policy, shall be filed with the Department.
- You are required to affix an unexpired compliance sticker on each ride prior to operation. Each amusement ride shall bear an unexpired Texas Amusement Ride Compliance sticker affixed to a major component of the ride in a location visible to the ride participants.
- You are required to inspect rides and renew insurance annually. The certificate of inspection for each amusement ride, proof of an in force liability insurance policy for each amusement ride, and the Texas Amusement Ride Compliance sticker shall be renewed annually.
- You are required to post public signage. The site of operation of any amusement ride shall have a sign posted informing the public in English and Spanish how to report unsafe conditions or apparent violations of the Act.
- You are required to perform daily inspections of each mobile amusement ride. An owner/operator of a mobile amusement ride operating in the state of Texas shall perform and record daily inspections of the ride on a Department Form AR-300.
- You are required to re-inspect any ride on which an injury or death occurs prior to resuming operation of the ride. An amusement ride on which an injury or death occurs shall immediately stop operation, and shall not resume until the completion of new inspection in conformance with the Act. The new inspection shall include a certificate explaining the necessary repairs that have been made to the amusement ride after operation was prohibited by law.
- You are required to file quarterly injury reports with the Department. The operator of an amusement ride operating in the state of Texas shall file with the Department quarterly reports of each injury requiring medical treatment or resulting in death caused by the ride in any state, and each governmental action taken in any state relating to that amusement ride.
- You are required to make available all records of inspection, insurance, and injury. Records of annual inspections (including a certificate of inspection bearing a Department certification stamp and serial number), proof of valid in force liability insurance, records of daily inspections of mobile amusement rides, and quarterly reports of injuries caused by a ride and governmental action taken against a ride shall be maintained at the site of operation of an amusement ride, and shall be made available for inspection by any municipal, county, or state law enforcement official.
Questions regarding the operations of amusement ride should be directed to Richard Baker of the Inspections Division, Texas Department of Insurance, 512-322-2259.
Sincerely,
Mike Geeslin
Commissioner of Insurance