PART I | Citation and commencement |
| 1. These Regulations may be cited as the Amusement Rides Safety Regulations 2011 and shall come into operation on 1st July 2011. |
2. In these Regulations, unless the context otherwise requires —“access level”, in relation to a zip line, means a level surface below the zip line that permits the access and deployment of a fire engine via a road that —| (a) | has a minimum width of 4 metres; | | (b) | is metalled, paved or laid with strengthened perforated slabs; and | | (c) | has a minimum loading capacity of 20 tonnes of fire fighting appliances; |
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“aerial ropeway” means a device for the carriage of patrons with seats, chairs or enclosures which are lifted clear of the ground and are —| (a) | attached to or supported by a moving rope or cable; or | | (b) | attached to a moving rope or cable but supported by a standing rope or cable or any other overhead structure, |
| and includes a cable car, a chair-lift or a ski-lift; |
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“air-inflated enclosure” means a device that is —| (a) | made of plastic membrane or other similar material that is not air-permeable; | | (b) | inflated to allow one or more patrons to be wholly enclosed within it; and | | (c) | intended to be used for rolling or floating on any ground or water surface or bouncing against other similar devices, for the amusement or entertainment of patrons; |
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| “American National Standards Institute” means the standards organisation of that name in the United States of America; |
“applicable standard or code”, in relation to an amusement ride specified in the first column of the First Schedule, means —| (a) | the most current version of any standard or code, issued by any standards organisation or body, or by the Commissioner under regulation 28, corresponding to that amusement ride set out in the second column of that Schedule; and | | (b) | if there is a combination of standards or codes set out in the second column of that Schedule corresponding to that amusement ride, collectively, the most current version of all the standards or codes specified in that combination; |
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| “ASTM Committee F24 Standards” means the standards developed by the ASTM International Committee F24 on Amusement Rides and Devices and issued by ASTM International; |
| “ASTM International” means the international standards organisation of that name; |
“authorised” —| (a) | in relation to the design and specifications or the proposed installation method and programme of an amusement ride that is to be or is being installed, means authorised by the installation permit authorising the installation of the amusement ride; and | | (b) | in relation to the design and specifications or the proposed modification method and programme of an amusement ride that is to undergo or is undergoing a major modification, means authorised by the modification permit authorising the major modification of the amusement ride; |
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| “British Standards Institution” means the standards organisation of that name in the United Kingdom; |
| “British Water Ski Federation Ltd” means the company of that name registered in England, which is also known as British Water Ski & Wakeboard; |
“bumper cars” means an amusement ride consisting of one or more vehicles that are not attached either to another vehicle or to a common frame system, and that are each —| (a) | patron-controlled with respect to acceleration, speed, braking and steering; and | | (b) | operated within a containment system intended to allow bumping or dodging of, or collision with, other such vehicles; |
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| “bungee cord”, in relation to a bungee device, a trampoline bungee or a reverse bungee device, includes any wire, cable or spring, whether elastic or otherwise; |
| “bungee device” means a device whereby a patron is directly attached, or is on or in a chair, cage or other contraption which is attached, by one or more bungee cords to a tower or structure and is released from a height toward (but not landing on) the ground, with the bungee cord or cords extending and contracting, thereby allowing the patron, or the chair, cage or contraption which he is on or in, to bounce up and down; |
| “cable ski” means an amusement ride whereby patrons are towed along on a body of water by ropes attached to a powered, overhead, continuous cable system running around sheaves contained in support structures or towers; |
| “Canadian Standards Association” means the standards organisation of that name in Canada; |
| “carousel” means an amusement ride consisting of a circular conveyor on which patrons ride on figurines or other contraptions which might move up and down or rotate, and includes a power-driven merry-go-round; |
| “drop tower” means an amusement ride based around a central vertical structure or tower whereby a gondola is lifted to the top of the structure or tower before being released and falling towards the ground; |
| “ferris wheel” means an amusement ride consisting of a rotating upright wheel with cars, chairs, gondolas or capsules attached to the rim for the carriage of patrons; |
| “flume ride” means an amusement ride whereby patrons are transported in a sled or cabin that is predominantly propelled by water flowing in a narrow shaped channel; |
| “foundation” means that part of any construction immediately below the footings of an amusement ride, which is in direct contact with the ground and through which the weight of the amusement ride is transmitted to the ground, and includes piling works; |
“go-karts” means an amusement ride consisting of one or more vehicles that are not attached either to another vehicle or to a common frame system, and that are each —| (a) | powered without external connection; | | (b) | patron-controlled with respect to acceleration, speed, braking and steering; and | | (c) | operated within a defined perimeter or track; |
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“gyro tower” means an amusement ride consisting of a mechanised vertical mast, tower or structure with an observation deck that —| (a) | is capable of moving up and down; and | | (b) | is capable of rotating around the mast, tower or structure, |
| so as to allow patrons to view the surroundings from a height; |
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| “human-powered carriage” means a device consisting of a carriage or vehicle for the carriage of patrons that is manually powered, and that moves on or is suspended from an elevated track, or is by some other means elevated above ground or floor level; |
| “indoor skydiving device” means a device whereby a patron is brought to a height by the force of wind that is directed upwards in a vertical wind tunnel; |
“inflatable” means a device that is —| (a) | fabricated from flexible material; | | (b) | kept inflated by one or more blowers and relies on air pressure to maintain its shape; and | | (c) | intended to be used for bouncing on, climbing, sliding or interactive play for the amusement or entertainment of patrons; |
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| “jump device” means an unpowered device consisting of a cable or cables that may be fixed to a structure, and provides controlled descent for patrons who are in harnesses or on seats after they jump or are released from height; |
| “lazy river ride” means a device whereby a patron, being wholly or partially immersed in water or lying on, or holding onto, a flotation device, is propelled by slow-moving water currents along the whole length of a channel of water that is level, or nearly level; |
“luge” means a device consisting of one or more unpowered vehicles that are each —| (a) | driver-controlled with respect to braking and steering; and | | (b) | operated within a containment system or a defined track down a gradient; |
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“motion-based simulator” means an amusement ride which —| (a) | consists of a self-contained unit mounted on a mobile base that moves along a defined course; and | | (b) | uses motion picture simulation, along with mechanical movements of the self-contained unit, to simulate the experience of various activities; |
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| “operator”, in relation to an amusement ride, means the person who holds an operating permit authorising him to operate the amusement ride; |
| “patron clearance envelope” means the minimum space around a patron properly positioned in an amusement ride or device, as limited by the vehicle, seat geometry or patron restraint of the amusement ride or device, necessary to avoid contact between the patron and other objects likely to cause injury; |
| “patron restraint” means a system, device or feature that is intended to inhibit or restrict the movement of patrons while they are using an amusement ride or device; |
“private club” means a members’ club or a proprietary club which provides one or more of the following facilities for the exclusive use of its members and their guests:| (a) | a swimming pool; | | (b) | a badminton court, tennis court or squash court; | | (c) | a gymnasium; | | (d) | a golf course; |
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| “reverse bungee device” means a device whereby a patron is directly attached, or is on or in a chair, cage or other contraption which is attached, by one or more bungee cords to a tower or structure and is hurtled into the air from a fixed position on the ground or a position fixed relative to the ground, with the bungee cord or cords providing propulsion force and extending and contracting, thereby allowing the patron, or the chair, cage or contraption which he is on or in, to bounce up and down; |
| “river rafting ride” means an amusement ride that simulates white-water rafting whereby patrons on a floating device are propelled along a channel of fast moving water that may have changes in its gradient or flow rate, or constrictions, obstructions, whirlpools or waterfalls along its course, thereby resulting in a turbulent flow; |
| “roller coaster” means an amusement ride that consists of a single car or multiple cars for the carriage of patrons, which run on or are suspended from tracks that are on or above the ground, but for the avoidance of doubt, excludes any similar device that is used primarily for transportation, such as a monorail or tram; |
| “roundabout” means an amusement ride whereby the seats, chairs or enclosures for the carriage of patrons (whether supported on the periphery of protruding elements or otherwise) are rotated about a central spindle that moves around a vertical axis or near-vertical inclined axes of rotation; |
| “Standards Australia” means the independent not-for-profit standards organisation of that name in Australia; |
| “Standards Council of New Zealand” means the Standards Council referred to in the Standards Act 1988 of New Zealand; |
“static simulator” means a device which —| (a) | consists of a self-contained unit mounted on a static base or support; and | | (b) | uses motion picture simulation, along with mechanical movements of the self-contained unit, to simulate the experience of various activities for the amusement or entertainment of patrons; |
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| “structural elements” means those parts or elements of the support of an amusement ride which resist forces and moments, and includes foundations, beams, columns, shear cores, structural walls, struts, ground anchors, slabs, trusses, staircases, load bearing walls and all other elements that are designed to resist forces and moments but does not include doors, windows and non-load bearing walls; |
| “swinging ride” means an amusement ride whereby the seats, chairs or enclosures for the carriage of patrons (whether supported on the periphery of protruding elements or otherwise) are mechanically swung about a horizontal axis or near-horizontal inclined axes; |
| “train” means an amusement ride consisting of one or a series of connected railroad cars powered by electricity or pulled or pushed by one or more locomotives, but for the avoidance of doubt, excludes any similar device that is used primarily for transportation; |
| “trampoline bungee” means a device whereby a patron is fastened to a harness attached to one or more bungee cords and propels himself upwards by jumping on a trampoline; |
| “water slide” means a device consisting of a straight or twisting slide along which a continuous stream of water passes, down which patrons slide independently or riding on a sliding device such as a sled, mat or float, and which may empty into a catch pool or special use pool; |
| “wave pool” means a swimming pool that utilises mechanical equipment to produce artificial waves for recreation; |
| “wave-surfing device” means a device intended to simulate wave-surfing, whereby water waves are artificially created on a surface which patrons may ride on using a surf board or a piece of specialised equipment; |
| “zip line” means a device consisting of a freely-moving pulley that is suspended on a cable, one end of which is mounted on higher ground, that is designed to enable a patron holding on or attached to the pulley to traverse from one end of the inclined cable to the other propelled by gravity. |
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| Devices included in definition of “amusement ride” |
| 3. For the purposes of paragraph (i) of the definition of “amusement ride” in section 2(1) of the Act, the other devices or combinations of devices prescribed to be amusement rides for the purposes of the Act shall be those specified in the Second Schedule, which are available for use by members of the public upon their payment of a fee or otherwise. |
| Devices excluded from definition of “amusement ride” |
| 4. For the purposes of paragraph (ii)(C) of the definition of “amusement ride” in section 2(1) of the Act, the devices or combinations of devices prescribed as not being amusement rides for the purposes of the Act are specified in the Third Schedule. |
| 5. For the purposes of the Act, a major amusement ride refers to any of the amusement rides specified in the Fourth Schedule. |
| Major modifications to amusement rides |
| 6. For the purposes of the Act, a major modification to an amusement ride refers to any of the changes, alterations or works specified in the Fifth Schedule. |
| Prescribed requirements for design, installation, operation, etc., of amusement rides |
7.—(1) For the purposes of sections 6(2)(a)(i), (3)(b)(ii) and (4)(b), 7(2)(iii), 11(2)(b)(ii), 12(a)(i)(C) and (ii)(A), 14(2)(b)(i) and (3)(b)(ii), 17(1)(a)(ii), 18(1)(a)(iii)(B), 22(2)(b)(ii), 24(2)(a)(i), (3)(b)(ii) and (4)(b), 25(2)(iii), 29(2)(b)(ii), 30(a)(i)(C) and (ii)(A), 34(5)(ii), (8)(a)(i)(B) and (ii)(A), 40(1)(c)(ii)(B), 43(1)(c)(ii)(B) and 51(1)(b) of the Act, the prescribed requirements in relation to the design and specifications, proposed installation method and programme, proposed modification method and programme, installation works, modification works, relocation works and operation and maintenance of any amusement ride, shall be —| (a) | the applicable standard or code in respect of that amusement ride at the time the application is made for the installation permit, operating permit, renewal of operating permit or modification permit, as the case may be; | | (b) | if there is more than one applicable standard or code in respect of that amusement ride, the applicable standard or code which the applicant for, or holder of, the installation permit, operating permit, renewal of operating permit or modification permit, has opted to conform to, as indicated in the application or the permit, as the case may be; and | | (c) | any other requirement specified in these Regulations in respect of that amusement ride, |
| but shall not include any part of the applicable standard or code that has been waived under regulation 31. |
| (2) Where any provision in an applicable standard or code is inconsistent with these Regulations, such provision in the applicable standard or code shall, to the extent of the inconsistency, either have effect subject to such Regulations or, where appropriate, having regard to such Regulations, shall not have effect. |
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8. For the purposes of paragraph (f) of the definition of “adverse incident” in section 2(1) of the Act, each of the following occurrences is an adverse incident for the purposes of the Act:| (a) | any accident arising from any installation, major modification, minor modification or relocation of the amusement ride; | | (b) | any contact by a patron with a safety air bag during the patron’s use of a bungee device, other than in the course of normal disembarkation from the bungee device. |
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9.—(1) The fees payable under sections 6(1)(c), 14(1)(c) and 24(1)(c) of the Act are specified in the Sixth Schedule.| (2) Any fee that has been paid under the Act or these Regulations shall not be refundable, whether in whole or in part. |
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