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COMMISSIONER'S BULLETIN # B-0025-10
June 14, 2010
TO: ALL OWNERS AND OPERATORS OF AMUSEMENT RIDES IN THE STATE OF TEXAS; THEIR AGENTS AND REPRESENTATIVES; INSURERS AND THE GENERAL PUBLIC
RE: TEXAS AMUSEMENT RIDE INSPECTION REQUIREMENTS
The Texas Department of Insurance (TDI) reminds all amusement ride insurers, their inspectors, and amusement ride owners and operators that the Amusement Ride Safety Inspection and Insurance Act, Texas Occupations Code, Chapter 2151 (the Act), requires an annual inspection of all rides subject to the Act. The term "amusement rides" refers to Class A and B amusement rides and devices, as defined by the Act.
The inspection shall be conducted by the insurer or a person with whom the insurer has contracted. An inspection certificate is required for each amusement ride. The certificate must include the following: the name of the ride, its serial number, the manufacturer of the ride, the inspector's name and signature, a picture of the ride in an operable state taken at the time of the inspection, and an evaluation of the ride for a minimum of one complete operating cycle.
The inspection must be conducted to the most stringent standard, whether that is established by the manufacturer, the American Society for Testing and Materials (ASTM), or the insurer. The inspection must include a test of the stress-and wear-related damage of critical parts of a ride that the manufacturer determines are reasonably subject to failure as a result of stress and wear which could cause injury to a patron.
The owner/operator must file the original amusement ride inspection certificate,
(TDI Form AR-100), with TDI, certifying that the ride has been inspected and found to meet the minimum requirements of the Act. The inspection certificate shall be signed by an authorized representative of the insurance company.
Amusement rides may not be operated without an insurance policy issued by a licensed or authorized insurance company in the amount specified by statute. (Please refer to COMMISSIONER'S BULLETIN NO. B-0010-10, issued March 26, 2010).
FAILURE TO COMPLY WITH THE INSPECTION REQUIREMENTS IN THE ACT OR IN 28 TEXAS ADMINISTRATIVE CODE §5.9004 IS CONSIDERED A CLASS B MISDEMEANOR AND MAY RESULT IN ADVERSE ACTION.
It is a THIRD DEGREE FELONY for a person to file any document required to be made to or filed with the TDI that contains false, fictitious, or fraudulent statements or entries made with regard to any material fact.
Further, misrepresentation of the inspection on the Amusement Ride Certificate of Inspection may result in actions pursuant to provisions of the Texas Penal Code.
It is essential that certificates of inspection pertaining to amusement rides be accurate and issued only after an inspection has been conducted as required by law. It is equally vital that the Certificate of Inspection not contain false, fictitious, or fraudulent information.
Please direct questions regarding this bulletin to Richard Baker, Inspections Division, Texas Department of Insurance, (512) 322-2259.
For additional information regarding the operation of amusement rides in Texas, please visit TDI's website at: http://www.tdi.state.tx.us/commercial/indexamusement.html.
Commissioner of Insurance
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Last updated: 09/16/2014