Montana § 27-1-743 - Operator's Responsibilities

§ 27-1-743. Operator's Responsibilities

Operator's responsibilities. An operator shall: (1) exercise reasonable care in constructing, erecting, maintaining, operating, and supervising amusement rides to ensure the safety of passengers; (2) ensure that there is an adequately staffed first-aid station and a location for reporting injuries and accidents. For the purposes of this section, one adequately staffed first-aid station and a single location for reporting injuries and accidents on a site where multiple operators are grouped in a fair or carnival formation are sufficient. (3) ensure that when supervising or operating a ride, the operator or an employee of the operator is not under the influence of alcohol or drugs; (4) post in a conspicuous place on the amusement ride grounds an easily readable sign that lists the passenger and operator responsibilities and prohibitions contained in 27-1-744 and this section, as well as additional language or another sign near the entrance to each ride that includes: (a) operational instructions, if any; (b) safety guidelines for the ride, if any; (c) restrictions on the use of the amusement ride, if any; (d) behavior or activities that are prohibited, if any; and (e) the following statement: "State law requires riders and passengers to obey all warnings and directions for this ride and behave in a manner that will not cause or contribute to injury to themselves or others. Riders must report injuries before leaving the premises." (5) conduct a daily pre-opening inspection of all amusement rides, in accordance with the pre-opening inspection requirements of ASTM F770-22 and ASTM F1193-22, section 6; and (6) maintain liability insurance on the operation of the ride with an insurer authorized or approved to write this type of insurance in the state. The insurance must provide coverage, exclusive of daily interest and costs, of at least $500,000 for bodily injury or death of one person in each occurrence and at least $1 million for bodily injury or death of two or more persons in each occurrence.