Congressman Renews Push for Ride Legislation

TheDaily News: A Massachusetts Congressman, who has advocated for changing oversight of amusement park rides for more than a decade, said he is planning to renew his push for legislation following Friday night’s death at Darien Lake Theme Park Resort.

Sgt. James T. Hackemer, 29, of Gowanda, an Army vet who lost both legs in Iraq, died after falling from the Ride of Steel while the roller coaster was in operation.

Democrat Edward J. Markey has been trying for years to pass a bill that he says will close a loophole regarding oversight of amusement park rides. His bill, the National Amusement Park Ride Safety Act, would allow the Consumer Product Safety Commission to inspect all amusement park rides. The CPSC, the government’s top safety watchdog, currently inspects only mobile amusement rides, such as those that travel around the country to county fairs.

In New York State, the state Department of Labor inspects amusement park rides, both fixed — such as those at Darien Lake — and mobile rides. Inspections of fixed rides are done annually, typically a few weeks before they open for the season. Mobile rides must be examined each time they are set up.

The Ride of Steel will remain closed until the investigation is complete, according to Darien Lake’s website. The ride will also need to be reinspected by the state Department of Labor.

Markey announced via Twitter late Saturday night that he intended to reintroduce his bill. In the 10:26 p.m. “tweet” at his Twitter account, @MarkeyMemo, the representative said: “Will intro #rollercoaster safety leg in wake of tragic Darien Theme Park accident. Need to close loophole in oversight of amuse park rides.”

Markey has said his bill, among other changes, would restore the CPSC’s ability to oversee fixed-site amusement park rides, a job the Commission had until 1981 when an amendment to the Consumer Product Safety Act was passed removing language that gave the Commission responsibility over fixed rides.

Markey’s bill would amend the Act to expand the definition of a consumer product to include “amusement rides permanently fixed to a site.” The change would give the CPSC authority to investigate accidents at amusement parks. The CPSC would then be able to share information with operators of the same rides in other states before accidents occur and develop and enforce plans to correct problems. The CPSC would also be able to compile comprehensive safety information for consumers.

Such changes would prevent accidents before they occur by ensuring that safety corrections found necessary on one ride in one state are implement on all similar rides in all states, Markey has said in several news releases regarding his bill.

Markey has introduced the legislation in nearly every Congress since 1999, but the bill has repeatedly failed in committee votes.

The representative’s crusade began in the summer of 1999 following what he termed an “epidemic” of accidents.

In 2000, as the amusement park industry was at the height of its race to build ever taller and faster roller coasters, Markey asked the National Institute of Health to study the effects of G forces on the human body. The request came after the journal “Neurology”published a study suggesting roller coasters were responsible for four cases in which otherwise healthy human beings had developed bleeding on the brain.

While Markey has been consistently advocating the legislation, he has said that each time it is introduced the amusement park industry works to stop the bill from moving forward in Congress.

The International Association of Amusement Parks and Attractions has issued several statements in response to Markey’s bill, saying it “seeks to address a problem that does not exist,” and that “the safety of our guests is our top priority.” The IAAPA statements have cited the industry’s “outstanding” safety record and noted that the frequently-introduced bill has garnered little support in Congress.