Proposed Bill:
National Amusement Park Ride Safety Act

The National Amusement Park Ride Safety Act, introduced by Congressman Ed Markey, would repeal a 1981 loophole exempting thrill rides at amusement parks from federal safety oversight. The act would give the U.S. Consumer Product Safety Commission (CPSC) the same rights and responsibilities over permanent amusement rides that it currently has over mobile rides, including the authority to:

• Investigate accidents
• Develop and enforce action plans to correct defects
• Require reports to the CPSC whenever a substantial hazard is identified
• Act as a national clearinghouse for accident and defect data

Section 3 of the bill would authorize appropriations of $500,000 annually to enable the CPSC to carry out the purposes of the Act.  With 300 million people visiting U.S. amusement parks every year, that works out to 1/6 of a penny for every visitor.

The following is an excerpt from Congressman Markey's statement of introduction in 2005:

The bill we are introducing today will close the special-interest loophole that prevents effective federal safety oversight of amusement park rides.  It would, therefore, restore to the CPSC the standard safety jurisdiction over "fixed-site" amusement park rides that it used to have before the Roller Coaster Loophole was adopted.  There would no longer be an artificial and unjustifiable split between unregulated "fixed-site" rides and regulated "mobile" rides.  When a family traveled to a park anywhere in the United States, a mother or father would know that their children were being place on a ride that was subject to basic safety regulation by the CPSC.

Every other consumer product affecting interstate commerce - a bicycle or a baby carriage, for example - endures CPSC oversight.  But the theme park industry acts as if its commercial success depends on remaining exempt from CPSC oversight.  When a child is injured on a defective bicycle, the CPSC can prevent similar accidents by ensuring that the defect is repaired.  If that same child has an accident on a faulty roller coaster, no CPSC investigation is allowed. But the industry has its loophole, and it is placing its priority on protecting its special-interest privileges, rather than its special duty to ensure the safety of its patrons.  That's just plain wrong.

The amusement park industry has vigorously and successfully opposed federal involvement in the safety of thrill rides. The industry does, however, actively solicit federal involvement in the form of corporate subsidies.  According to Amusement Business magazine ("IAAPA Chief Pleads Parks' Case in D.C.", May 19, 2003), Clark Robinson of the the International Association of Amusement Parks and Attractions (IAAPA) testified before the House Subcommittee on Commerce, Trade, and Consumer Protection in April 2003, asking Congress that allocate $50 million to fund a marketing campaign aimed at promoting U.S. theme parks in foreign countries.  Robinson told Amusement Business he "felt it was vital for the federal government to get involved" in IAAPA's marketing campaign.  "The funds should not be broken into several small projects, but rather applied to a unified campaign whose results are measurable."

Rep. Cliff Stearns, who chaired the subcommittee from 2001-2006 and opposed government safety regulation for theme parks, supported IAAPA's subsidy and fast-tracked creation of a Promotion Advisory Board "so programs that are developed can be implemented as soon as possible."  The Florida theme parks, whose thrill rides are exempt from both federal and state safety oversight, were a major beneficiary of the multi-million dollar taxpayer-funded advertising subsidy.  Rep. Stearns represents a district near Orlando, Florida.

By the end of 2007 the projected cost of the tourism subsidy had increased to $200 million, according to an article in the Washington Post. The article noted that IAAPA spent more than $5 million lobbying Congress from 2001-2007. By contrast, the federal government has not spent a single dollar on consumer safety oversight at U.S. amusement parks since 1981.

• Congressman Markey's Amusement Park Ride Safety Page
• Text of the National Amusement Park Ride Safety Act (PDF file).
• List of supporting organizations.
• More information about the U.S. Consumer Product Safety Commission and their involvement in amusement ride regulation.
• Contact your representatives in the House and Senate