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The Entertainment Ride Regulation Act - Essay Example

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The (fictitious) Entertainment Ride Regulation Act Introduction The Entertainment Ride Regulation Act 2011 commonly referred to as the fictitious Act was enacted by parliament following the increasing cases of accidents at adventure parks and fairgrounds in the recent years…
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The Entertainment Ride Regulation Act
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Download file to see previous pages Section one defines the scope of the Act stating that its provisions are applicable to all the rides that are operated as part of an amusement or fairground park. The section goes further to define a ride in the context of the Act terming it as any equipment meant to ferry passengers for exhilaration or entertainment purposes. Section 2 of the Act introduces the Ride Safety Agency (RSA). The agency is charged with the responsibility of carrying out inspections issuing licenses and imposing sanctions in cases where the licensing conditions or regulations stated under the Act are breached. The RSA is empowered to administer penalties like issuing fines, demanding for repairs or improvements on the rides. It also has the powers to close down the rides or demolish the rides or sometimes revoke licenses2. In cases of moving rides, the provisions in the Act states that such forms of entertainment can be destroyed or confiscated in case they breach any of the RSA regulations. Section 3 comes up with a licensing regime which requires all the ride operators to lawfully obtain licenses before operating any rides. These licenses have to be obtained legally from the RSA. There have been previous cases which have made this act to be put in place. For example, on 20th November 2011, There was an accident in Australia involving a fair ride called the Cha Cha. A thirteen year old girl was thrown from the ride and flung into a safety fence which was metallic. She was again struck when she tried to stand. In the same accident, two other teenagers got minor cuts. The investigating company, WorkSafe Victoria, the ride did not meet the safety standards set aside by Australia. The section also expects the RSA to come up with a policy covering the issuing of licenses that has to be agreed upon after first consulting the relevant parties. The provisions mentioned above have already been enforced and the RSA has already assumed its responsibility of seeing that the provisions of the Act are followed to the latter. This has led to the RSA officers to lock horns with most of the rides users and owners who don’t necessarily understand provisions in the Entertainment Ride Regulations Act or are ignorant and assume the powers vested in the RSA. On the other hand, the RSA and its officers have taken advantage of the powers given to them and are harassing owners and users of rides3. This has called for the need to review the judicial application in order to bring to action the private law or find redress using other grievance resolution means. Such negligence leads to fatal accidents like the one seen in Dublin, Ireland. On October 24th 2011, a 31 year old woman was killed after going for a ride at the Tip Top ride. She was thrown from her bucket seat and fell on metal steps at the ride’s platform. It is reported that she died on the spot. Although the ride was found to be in great mechanical condition, it is believed that the woman slipped under the safety bar and fell. Case 1 This involves an owner of a stall and the RSA officials. Alice who owns a ‘hook a duck’ stall is being accused by the RSA officials for operating her stall at a fair without a license. Following this breach of the Entertainment Ride Regulations Act provisions according to the officers, Alice is fined of 5000 pounds. With references to section 1 of the Act, Alice’s stall falls under the Acts definition of a ride thus it is under the jurisdiction of its provision making the RSA officers have the ...Download file to see next pagesRead More
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