[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Extensions of Remarks]
[Pages E1060-E1061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTRODUCING THE NATIONAL AMUSEMENT PARK RIDE SAFETY ACT OF 2003
______
HON. EDWARD J. MARKEY
of massachusetts
in the house of representatives
Thursday, May 22, 2003
Mr. MARKEY. Mr. Speaker, Memorial Day is the beginning of the season
when American families take their children to our amusement parks for a
day of fun and sun. Unfortunately, it is also the case that over 75
percent of the serious injuries suffered on these rides occur between
the months of May and September. Most of America thinks that the rides
at these parks are subject to oversight by the nation's top consumer
safety watchdog--the Consumer Product Safety Commission (CPSC.). But
this is not true. The industry used to be subject to federal safety
regulation, but in 1981 it succeeded in carving out a special-interest
political exemption in the law--the so-called Roller Coaster Loophole.
It is time to put the safety of our children first--it is time to
close the Roller Coaster Loophole.
Today I am introducing the NATIONAL AMUSEMENT PARK RIDE SAFETY ACT,
to restore safety oversight to a largely unregulated industry. I am
joined in this effort by Representatives George Miller, Bill Pascrell,
Barney Frank, Frank Pallone, Richard Neal, Jan Schakowsky, Jim
McGovern, Carolyn Maloney and John Tierney.
support for the bill
We are supported in this endeavor by the nation's leading consumer-
protection advocates, including Consumer's Union, the Consumer
Federation of America, the National SAFE KIDS Campaign, Saferparks.org,
and the U.S. Public Interest Research Group.
Moreover, the nation's pediatricians--the doctors who treat the
injuries suffered by children on amusement park rides--have endorsed
our bill. According the American Academy of Pediatrics, ``a first step
to prevention of these injuries is adopting stronger safety regulations
that allow for better inspection and oversight of the fixed-rides.''
the problem with state-only regulation
``Fixed'' or ``fixed-site'' rides are found predominantly in
destination theme parks. When an accident occurs on such rides, the law
actually prevents the CPSC from even setting foot in the park to find
out what happened. In some states, an investigation may occur, but in
many, there is literally no regulatory oversight at all. And no matter
how diligent a particular state might be, there is no substitute for
federal oversight of an industry where park visitors often come from
out-of-state; a single manufacturer will sell versions of the same ride
to park operators in many different states; no state has the
jurisdiction, resources or mission to ensure that the safety lessons
learned within its borders are shared systematically with every other
state.
rides can kill, not just thrill
Although the overall risk of death on an amusement park ride is very
small, it is not zero. Fifty-five fatalities have occurred on amusement
park rides in the last 15 years, and over two-thirds occur on ``fixed-
site'' rides in our theme parks. In August 1999, 4 deaths occurred on
roller coasters in just one week, ``one of the most calamitous weeks in
the history of America's amusement parks,'' according to U.S. News and
World Report:
August 22--a 12-year-old boy fell to his death after slipping through
a harness on the Drop Zone ride at Paramount's Great America Theme Park
in Santa Clara, California;
August 23--a 20-year-old man died on the Shockwave roller coaster at
Paramount King's Dominion theme park near Richmond, Virginia;
August 28--a 39-year-old woman and her 8-year-old daughter were
killed when their car slid backward down a 30-foot ascent and crashed
into another car, injuring two others on the Wild Wonder roller coaster
at Gillian's Wonderland Pier in Ocean City, New Jersey.)
Since that week, there have been six more fatalities on amusement
park rides, including an 11-year-old girl just over two weeks ago at
Six Flags Great America in Gurnee, Illinois.
Every one of these is an unspeakable horror for the families. It is
simply inexcusable that when a loved one dies or is seriously injured
on these rides, there is no system in place to ensure that the ride is
investigated, the causes determined, and the flaws fixed, not just on
that ride, but on every similar ride in every other state. The reason
this system does not exist is the Roller Coaster Loophole.
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. As a result, 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. That's just
plain wrong.
fatalities per mile compared to trains, planes, buses and autos
The industry attempts to justify their special-interest exemption by
pretending that there is no risk in riding machines that carry human
beings 70, 80 or 90 miles an hour. The rides are very short, and most
people are not injured. But in fact, the number of fatalities per
passenger mile on roller coasters is higher than on passenger trains,
passenger buses, and passenger planes. The National Safety Council uses
a standard method of comparing risk of injury per distance traveled. As
can be seen from the following table, riding on a roller coaster is
generally safer than driving a car, but is not generally safer than
riding a passenger bus, train or airplane:
----------------------------------------------------------------------------------------------------------------
Fatalities Fatalities
------------------------------------ per 100 mil
1997 1998 1999 2000 miles
----------------------------------------------------------------------------------------------------------------
Automobiles.................................................... 21,920 21,099 20,763 20,444 0.86
Roller Coasters................................................ 3 4 6 1 0.70
Railroad Passenger Trains...................................... 6 4 14 4 0.05
Scheduled Airlines............................................. 42 1 17 87 0.01
Buses.......................................................... 4 26 39 3 0.04
----------------------------------------------------------------------------------------------------------------
Fatalities are just the tip of problem, however. Broken bones,
gashes, and other serious injuries have been rising much faster than
attendance. Neither the CPSC is prohibited from requiring the
submission of injury data directly from ride operators, so it is forced
to fall back on an indirect method, the National Electronic Injury
Surveillance System (NEISS), which gathers information from a
statistical sample of hospital emergency rooms and then estimates
national numbers. Nevertheless,
[[Page E1061]]
NEISS has been gathering these statistics systematically over many
years, so that trends become clear over time.
soaring injury rates in our parks
Beginning in 1996, a sharp upward trend can be seen in hospital
emergency room visits by passengers on ``fixed'' rides--the category of
rides exempt from CPSC regulation under the Roller Coaster Loophole.
These injuries soared 96 percent over the next five years. Meanwhile,
such emergency room visits were falling for passengers on rides that
the CPSC still regulates.
Here are the year-by-year estimates of non-occupational amusement
ride injuries, 1996-2001, from the CPSC:
------------------------------------------------------------------------
Fixed Mobile
Year (``unregulated'') (``regulated'')
------------------------------------------------------------------------
1996................................ 3419 2963
1997................................ 5353 2562
1998................................ 6523 2751
1999................................ 7629 2788
2000................................ 6595 3985
2001................................ 6704 1609
------------------------------------------------------------------------
The theme park industry likes to tell the public that its rides are
safer than the mobile rides because they are overseen by a permanent
park staff, but according to this independent government safety agency
report, the mobile parks have less of an injury problem than the theme
parks.
Why has this startling increase in amusement park rides occurred
recently? No one knows for sure. If the facts were known to the CPSC,
it could do its job. But the facts are kept from the CPSC, so we are
left to speculate.
We know, for example, that new steel technology and the roller
coaster building boom of the 1990s resulted in an increase in the speed
almost as dramatic as the increase in serious injuries. All of the
nation's 15 fastest coasters have been built in the last 10 years.
In 1980, the top speed hit 60 mph. In 1990, it hit 70 mph. The top
speed today is 120 mph.
For the most part, these rides are designed, operated and ridden
safely. But clearly, the margin for error is much narrower for a child
on a ride traveling at 100 mph than on a ride traveling 50 mph.
Children often do foolish things, and the operators themselves are
often teenagers. People make mistakes. The design of these rides must
anticipate that their patrons will act like children, because they
often are children.
the bill restores basic safety oversight to the cpsc
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 placed on a ride that
was subject to basic safety regulations by the CPSC.
It would restore CPSC's authority to:
1. Investigate accidents,
2. Develop an enforce action plans to correct defects, and
3. Act as a national clearinghouse for accident and defect data.
The bill would also authorize appropriations of $500 thousand
annually to enable the CPSC to carry out the purposes of the Act.
I urge my colleagues to join us in this effort to make this the
safest summer ever in our theme parks. Let's pass the National
Amusement Park Ride Safety Act.
____________________