520 CMR, § 5.12

Current through Register 1538, January 3, 2025

Section 5.12 - Concession Racing Karts and Facilities

520 CMR 5.12 applies to the design, manufacture and operation of concession karts and their associated operating facilities where qualified drivers (driver) can take part on concession kart racing and/or lapping sessions.

520 CMR 5.12 does not apply to vehicles specifically offered for use by the General Public to replicate competitive motor sports in an amusement facility setting (concession go-karts), sanctioned racing or racing schools (race karts) or used for general purpose by private owners (fun karts).

Significance and Use. 520 CMR 5.12 is intended to delineate information for the design, manufacture and operation of concession racing karts and related track facilities.

(1)Definitions.

Barrier System. A device installed on the concession racing kart track which defines the boundaries of the track and/or run-off areas and whose primary purpose is to contain the vehicles within pre-determined boundaries.

Concession Go-kart. A motorized vehicle with four wheels that is driver controlled with respect to acceleration, speed, braking and steering. This vehicle operates within the containment system of a defined track and is intended to simulate competitive motor sports for members of the general public for a fee. A concession go-kart has a maximum capacity of two persons and no cargo capacity.

Concession Racing Kart. A motorized vehicle with four non-aligned wheels in contact with the ground, two of which control the steering while the other two transmit the power. A concession racing kart is a vehicle, with or without bodywork, controlled by the driver with respect to acceleration, speed, braking and steering. Concession racing karts are classified by speed and are driven and/or raced on tracks. Speeds for Class One and Class Two concession racing karts shall not exceed 35 mph and 55 mph respectively. Speed qualification of concession racing karts shall be based upon speed measured on a flat and level track surface.

Concession Racing Kart Track Staff. Staff required to operate a concession racing kart facility. Duties include, but are not limited to, registering and briefing drivers, assisting drivers in and out of karts and managing all track operations.

Discussion. Specifically excludes similar devices that are intended for use in an amusement facility setting (concession go-karts), race schools or sanctioned racing (racing karts), devices such as electronically or rail guarded amusement rides and bumper cars or other similar amusement devices that operate under circumstances where there is no defined direction of travel.

Driver. The person who manipulates and controls the direction of travel, braking and speed of a concession racing kart.

In order to drive a Class One concession racing kart, the driver shall have either attended a class and taken and passed a practical test to establish his or her competency or be 18 years of age or older and hold a valid internationally recognized drivers' license.

In order to drive a Class Two concession racing kart, the driver shall either hold an applicable valid competition license from a recognized motor sport sanctioning body, have taken part in a minimum of six competition events in a Class One concession racing kart or have attended a class and taken and passed a practical test.

In all cases the driver (and his or her parent/legal guardian if the driver is 18 years old) shall sign a full release and waiver of liability and acknowledgement that he or she are taking part in competitive motor sports and understands the risk of possible injury and/or death.

Fun Kart. A motorized vehicle with four wheels, sold commercially as consumer goods and intended for private personal recreational use by the consumers for off-road use on suitable terrain, as recommended by the manufacturer.

Lapping Session. Any laps driven at a concession racing kart facility in either a race or practice session.

Pit. A defined area for the purpose of drivers getting in and out of the vehicles at the beginning, during or end of any lapping session and where refueling of concession racing karts may take place.

Race Kart. A motorized vehicle with four wheels designed for use in either Sanctioned Racing on tracks, streets, or other areas of competition or in a Racing School facility. Racing Karts are defined and classified by recognized motor sports sanctioning bodies, such as FIA, CIK, WKA, IKF, MSA, SCCA, etc. Anyone operating such vehicles shall comply with the requirements for safety equipment as mandated by the Sanctioning body.

Track. A defined path for the operation of concession racing karts that has either a concrete or asphalt surface.

Significance and Use. 520 CMR 5.12 is intended to delineate information for the design, manufacture and operation of concession racing karts and related track facilities.

(2)Concession Race Kart and Safety Equipment Specification.

(a)Chassis.

1. Concession racing karts shall be of an adequately strong construction and shall present no undue hazard to its driver or other driver. In particular, steering, brakes, and wheels shall be adequate for speeds that are likely to be attained.

2. The concession racing kart chassis shall be constructed from magnetic steel tubing. Cross section is free. It shall be of one-piece construction either welded or brazed.

3. Any form of chassis frame control, which includes pivots, dampers or similar devices, is prohibited. Any form of suspension, either by electrometric material or by any pivot is prohibited.

4. Concession racing karts shall have protected covers or component placement for moving or heated components of the engine and drive train system to prevent or inhibit the driver from inadvertent contact with these components while seated in the intended position for operation.

5. Concession racing karts shall incorporate a bumper system that encloses all four wheels in such a manner that the wheels from one concession racing kart cannot engage or override the wheels of another concession racing kart operating under normal conditions. The bumper system shall be designed in such a way that under normal operating conditions a concession racing kart shall be inhibited from climbing, separating or going under a barrier system.

(b)Dimensions.

1. The center of gravity should be as low as possible to minimize the possibility of a rollover. The maximum height for the bottom of the seat to the ground shall be 2% inches.

2. The track must be a minimum of b of the wheelbase.

3. Maximum overall wheelbase is 50 inches.

4. Maximum overall length is 80 inches.

5. Maximum overall width is 55 inches.

6. Maximum unloaded weight is 300 lbs.

(c)Flooring. There must be a floor made from rigid material that, as a minimum, stretches from the seat to the front of the kart. It must be edged on each side by a tube or a rim to prevent the driver's feet from sliding of the floor.

(d)Fuel Tank. Concession racing karts that are powered by gasoline engines shall be equipped with a fuel tank, filler neck and cap that will not leak more than one ounce of fuel over five minutes when inverted, in accordance with SAE J1241. Concession racing kart fuel tanks shall be installed separately form the engine and in such a manner to minimize the potential for rupture or damage in the event of collision with another concession racing kart, obstacle or rollover.

(e)Speed Controls.

1. Speed limitation devices shall be incorporated in concession racing karts, that is, throttle stops, pedal stops, governors, gearing, throttle linkage adjusters, etc., to control speeds.

2. Concession racing karts will be fitted with a remote electronic limiter and/or engine shut-off device.

3. Concession racing karts will be fitted with an electronic timing transponder and all races will be timed to within an accuracy of 100^th of a second.

(f)Brakes.

1. Brakes may be hydraulic or mechanical disc brake operating on the rear wheels only. Master cylinders must be fitted in a position safe from impact at least ten inches from the front and 18 inches from the side of the kart. Hydraulic lines must be securely fitted to the chassis upper sides and should be protected against damage. Drum brakes are not permitted.

2. Brakes must be capable of stopping a kart at maximum potential speed with maximum load within an adequate distance.

(g)Seats. Seat must be rigidly located on the chassis and designed to securely locate the driver without movement relative to the chassis when cornering or braking.

(h)Pedals. Pedals must not protrude forward on the front bumper. A pedal equipped with a return spring must operate the throttle.

(i)Axle. Axle must be one piece, of either solid or hollow magnetic steel bar.

(j)Safety Equipment. Drivers of concession racing karts will be required to wear a DOT approved full-face helmet with visor, neck brace and an abrasion resistant racing suit of one or two piece design, such as an FIA/CIK approved kart racing suit, or a suit manufactured to a similar specification or a leather racing suit.

(3)Concession Racing Kart Track Design and Construction.

(a)Track.

1. Concession kart racing tracks must be at least 16 feet wide at the narrowest point and shall be free of vertical misalignment greater than V2 inch within one inch horizontal distance. The track surface must be non-combustible concrete or asphalt. At all times, there must be a minimum of three feet between separate parts of the track.

2. The number of karts permitted to race at any one time will be determined by the length of the track; one kart per 55 linear feet measured at the centerline of the track.

3. The concession racing kart track running surface shall not have intersections on the same horizontal plane with the exception of the entrance point of the pit (or similar) area.

(b)Barriers.

1. Concession kart racing tracks shall have a fire resistant barrier system that must be capable of stopping a concession racing kart at full speed in a manner so as to minimize the risk of injury to a driver in the event of a collision. The barrier system shall be installed around the entire length of the track, unless run-off areas are sufficient in size to bring a kart to a halt in a safe manner.

2. Any spectator area or areas where track staff are stationed must be protected by barriers.

3. Barriers shall be of sufficient height and present a vertical face to the concession racing kart to minimize the risk of the kart climbing and/or crossing the barrier. Barrier systems shall be maintained in a condition that would create a hazard or present an unnecessary risk to a driver should they come into contact with it.

4. Tire barrier systems, if used without a trackside continuous band, shall consist of tires that are securely fastened and anchored to prevent relocation. Tires shall be free of rims or wheels.

5. When tires are used as support components for a continuous band barrier system, the tires shall be secured in a manner to help prevent the tires from raising the band upon impact by a concession racing kart.

6. Unauthorized public access to the concession racing kart track must be restricted.

(c)Bridges and Elevated Tracks.

1. Concession racing kart track bridges or elevated sections of track shall have a secondary containment system behind the primary barrier system on the approach, egress and the elevated portion of the track. This containment system shall be adequate to retain a concession racing kart, member of staff or a driver on the track or perimeter surface.

2. Any incline or decline must not exceed one foot for each five feet traveled.

3. Any elevated section of the track must be designed and built to support 50 lbs. per sq. ft. live load.

(d)Ventilation.

1. Ventilation that complies with the current 780 CMR: The Massachusetts State Building Code shall be provided during the operation of indoor concession kart racing. When occupied, the air quality of an indoor concession racing kart track must be constantly monitored in respect of engine emissions. Air quality must be maintained at a level pursuant to OSHA standard.

2. If a concession racing facility comprises any non-racing areas, such as registration, administration, retail, dining or general assembly areas, these must be separately ventilated with the track maintaining negative pressure to ensure that air moves from non-racing to racing areas and not vice versa.

(e)Lighting. Concession racing kart tracks shall have appropriate illumination to allow for visual observation of the entire track and pit areas by concession racing kart track staff and drivers. Such lighting must be erected clear of any item which a kart might collide.

(f)Safety Equipment.

1. All concession kart racing track staff involved in controlling any lapping session must be equipped with a two-way radio or similar communication system approved by the Department. Any track staff stationed out on the track must be supplied with headsets, or similar communication system approved by the Department, to ensure clear communication at all times. Such headsets should cover both ears to mitigate the noise from the concession racing karts.

2. A signaling system or procedure comprising colored flags or colored lights or signs or any combination thereof, shall be provided to alert or warn drivers of hazardous conditions or caution situations during any lapping session.

3. Concession racing kart facilities should be equipped with sprinkler systems and fire extinguishers to meet 780 CMR: The Massachusetts State Building Code and should include, but not be limited to:

a. A minimum of a 10 lbs. BC-rated fire extinguisher shall be accessible within a maximum of 100 feet of any point of the concession racing kart track in accordance with 527 CMR 1.00.

b. A minimum of a 10 lbs. BC-rated fire extinguisher shall be located in the concession racing kart track pit area and easily accessible to concession racing kart track staff.

4. Fire extinguisher locations should be marked in accordance with 527 CMR 1.00.

5. Fire extinguishers permanently mounted in weather-exposed locations shall be protected by an enclosure approved by 527 CMR 1.00.

6. Comprehensive first aid equipment and supplies must be maintained in a central location along with a first aid bag that can be easily carried to the scene of any incident.

(g)Fuel Storage and Dispensing.

1. Fueling areas at a concession racing track must have a concrete surface and shall comply with 527 CMR 1.00.

2. Concession racing kart tracks shall have a minimum of A 250-gallon fuel tank installed on-site with a comprehensive fire suppression system in accordance with 527 CMR 1.00.

(h)Pit Area.

1. Concession racing kart tracks shall have a clearly defined Pit Area in which drivers may get in and out of their karts at the start, during and at the end of any lapping session. The pit area should be laid out in such a manner as to prevent drivers waiting to race from inadvertently being hit by karts entering or leaving the pits.

2. Any area where karts are left standing or are maintained to any degree must have adequate drainage with oil/water separation capability to meet 780 CMR: The Massachusetts State Building Code and/or 248 CMR: Massachusetts State Plumbing Code.

(i)Briefing Room. Concession racing kart tracks shall have drivers' briefing room/area. 520 CMR 5.00 should be posted in this area along with detailed explanations of any signs, flags that may be used during a race. Signage should include, but not be limited to:

1. Instructions concerning placement of hands on the steering wheel and feet Inside concession racing kart at all times.

2. Driver qualification requirements. Instruction concerning the correct use of the safety equipment provided.

3. Restrictions regarding smoking in concession racing karts or in pit areas.

4. Information on complying with verbal, or signaled instructions, or both, given by track staff.

5. Instructions concerning blocking, bumping or pushing with go-karts.

6. Information regarding the importance of following rules and instructions.

7. A map of the track should be provided in the briefing room clearly showing the pit area, the direction of travel and location of any track staff, warning signals, pit entrance and/or penalty box.

8. Warning signage should be posted at appropriate locations (driver registration desk and/or briefing room), which must include, but not limited to, the following messages:

9. Warning concerning forces and actions that could aggravate physical conditions such as heart conditions, pregnancy, neck and back conditions,

10. Warning that motor sport can be potentially dangerous and that drivers take part in full knowledge of the risks involved and understands the risk of possible injury and/or death.

11. Warning that smoking is not permitted while in the vicinity of concession racing karts, the track, pits or fueling area of the concession racing track.

12. Zero tolerance policy regarding alcohol and drugs.

(4)Concession Racing Kart Track Staff.

(a)General.

1. All concession racing kart tracks must be adequately staffed and at least one member of staff on duty at any time must be trained in basic first aid and CPR. The following descriptions outline the responsibilities that must be allocated to various personnel within any organization that owns, operates or manages a concession racing kart facility. Although it is acknowledged that one person might adopt multiple roles, this must not in any way detract from the safety of the facility or the execution of any one of these functions.

2. All concession racing kart track staff must be adequately trained prior to the commencement of any duties. Initial and on-going training shall include, but not limited to:

a. Instruction on concession racing kart track operating procedures.

b. Instruction on specific duties of an assigned position.

c. Instruction on the use of all communication equipment.

d. Instruction on general safety procedures.

e. Instruction on emergency procedures.

f. Observation of the concession racing kart staffs execution of their duties.

g. Concession racing kart track employees shall receive training in fueling

h. Operations in accordance with all local, state and federal fire codes.

i. All concession racing kart track staff shall be easily identifiable to drivers and/or spectators.

(b)Director of Operations. Responsible for overseeing the design and construction of the concession racing kart facility and the establishment, maintenance and development of all operational procedures. This person must have a minimum of five years active experience in motor racing, preferably karting.

(c)Concession Kart Racing Director. Responsible for overseeing all racing operations. This also includes the supervision of all personnel that are employed trackside ensuring they are fulfilling their job responsibilities. This position involves training, motivating and maintaining a qualified staff to work in different trackside roles.

(d)Track Manager. Responsible for all racing activities and personnel on the track during his or her shift. This includes ensuring that the track is well maintained, the karts are prepared, the equipment and briefing rooms are properly equipped and that all necessary signage is present and that the staff is prepared for any racing that will take place during the forthcoming shift. The Track Manager is responsible for ensuring that all drivers are adequately briefed and that the races are run in a safe manner.

(e)Race Controller. Responsible for controlling all racing events from the central control station. This includes running the computer systems. Speed control/emergency shutdown systems and any centrally controlled signaling systems.

(f)Pit Lane Marshal. Responsible for ensuring that drivers get in and out of karts safely and providing assistance to drivers during any lapping session. It is the responsibility of the pit lane marshal to ensure that all drivers are correctly using the required safety equipment prior to the start of any lapping session. Senior marshals may also provide safety and procedural briefings.

(g)Track Marshal. Responsible for ensuring that any lapping sessions are run in a safe and professional manner. Each Track Marshal is responsible for controlling a defined portion of the track and communicating with the drivers through a series of established signal, i.e. flags, signs, etc. Track Marshals report directly to the Track Manager keeping him updated at all times regarding all activities on the track.

(h)Mechanic. Responsible for safety inspections, the preparation and repair of concession racing karts, which should be clean and mechanically sound at all times.

(i)Driver Registration Clerk. Responsible for scheduling drivers into any lapping session. This person must ensure that any driver wishing to take part in a lapping session meets the necessary criteria and has completed the appropriate Release and Waiver of Liability and Assumption of Risk and Indemnity documentation prior to scheduling them into a lapping session.

(5)Operations.

(a)Lapping Sessions.

1. Prior to taking part in any lapping session track staff must ensure that all drivers meet the necessary criteria to drive and have completed the appropriate Release and Waiver of Liability and Assumption of Risk and Indemnity documentation.

2. During the mandatory pre-race briefing verbal instructions, concerning concession racing, 520 CMR 5.00 shall be announced to all drivers. This briefing will include, but not limited to:

a. The zero tolerance policy regarding the consumption or use of alcohol and/or drugs.

b. The correct use of any safety equipment required.

c. The required position of hands and feet.

d. Instructions defining the brake and throttle and their operation.

e. The instituted signaling systems or procedures, which alert or warn drivers of hazardous conditions or caution situations during a race.

f. Instructions concerning blocking, bumping or pushing with go-karts.

g. Information regarding the importance of following rules and instructions.

3. Concession racing kart track staff shall ensure that all drivers are correctly using the required safety equipment prior to assisting them into the karts prior to the start of any lapping session.

4. There shall be concession racing kart track staff that shall be positioned so that they can observe and control each portion of the track. They shall be responsible for that portion of the track during any lapping session and must be able to reach any section of that part of the track immediately.

5. At all times during any lapping session, concession racing kart track staff must maintain total control and if required be able to stop a lapping session through either displaying the appropriate signal or using any electronic shut down device in operation.

6. Upon completion of any lapping session concession racing kart track staff shall ensure that drivers safely return to the pit area and assist them out of the karts if required.

(b)Maintenance.

1. All racing equipment including, concession racing karts, must be inspected and maintained in good and safe working order and in accordance with any manufacturers recommendations on a regular basis. All maintenance, both routine and repair, must be detailed in the maintenance and inspection logs along with daily, weekly and monthly inspection sheet for each kart.

2. These inspections should include, but not limited to:

a. General all round nut and bolt check.

b. Chassis for wear and tear with special regard to the possibility of fatigue and/ or cracks.

c. Fuel and brake lines and throttle assembly.

d. All springs.

e. Tire wear, pressures, toe-in/out, wheel nuts, wheels, kingpin, steering column, axle and front wheel bearings.

f. Brake master cylinder, disk, caliper and disk.

g. Sprocket alignment and chain tension.

h. Bodywork, floor, seat and mounting brackets.

i. Concession racing kart track surfaces shall be maintained in good repair, and free of cracks, obstructions or potholes, or combination thereof, of greater than % inch vertical change within one inch horizontal distance, that could damage the concession racing kart or cause the driver to lose control of the concession racing kart.

3. All barrier systems that must be regularly maintained to ensure their integrity.

(c)Serious Injuries.

1. Any serious injury in which a driver or member of staff is injured must be documented on an Incident Report Form. Copies of this form must be maintained at the facility at all times and be available for inspection by an inspector of the Department. The documentation must detail the nature of the incident, type and extent of any injury, any action taken and the disposition of the injured party.

2. Accidents requiring professional medical attention must be reported to the following telephone number 508-820-1444 within one hour from the time that the accident occurred.

3. In the event an accident results in a death, the scene shall be secured until approval is granted by an Inspector of the Department. The only exceptions permitted to 520 CMR 5.12(5)(c)1. and 2. that will be allowed are for the preservation of life and property, the removal of injured persons or bodies. The kart and area surrounding the device shall not be disturbed, cleaned up or altered to an extent that will impede the investigation. Within eight hours of notification of such incident the Division must start the investigation of the accident.

4. Serious Injury notification shall be made to the following telephone number 508-8201444.

(d)Driver Responsibility.

1. There are inherent risks in participating in any form of motor sport, including concession racing karts races. Drivers taking part in such races accept the risks inherent in such participation of which the ordinary prudent person is or should be aware.

2. Drivers have a duty to read any and all warnings and waivers and acknowledge that liability has been waived and the risk involved as a condition of being allowed to take part in any lapping session. All drivers must exercise good judgment and act in a responsible manner while racing and obey all oral or written warnings, or both, prior to or during participation, or both.

3. Drivers shall not participate in concession racing kart lapping sessions when under the influence of drugs or alcohol.

4. Drivers have a duty to ensure that they meet all of the criteria required to drive either a class One or Class Two Concession Racing Kart and to properly use all safety equipment provided.

5. Drivers have a duty to follow all instructions given by the concession racing kart track staff.

(e)Track Staff Responsibility. To ensure safety for Patrons, the Track/Staff/Marshals shall perform the following:

1. Prior to allowing any patron in a kart, at least one employee under the supervision of the Track Manager shall ensure that all drivers are adequately briefed and that the races are run in a safe manner. No one shall allow a person to enter a kart unless they have been adequately briefed.

2. No person shall allow or cause a race to begin or continue unless the entire track is being monitored by a duly trained and qualified member of the Track Staff.

3. The member of Track Staff directing patrons into the karts shall attend each kart to ensure that each driver is wearing all safety equipment properly before the allowing any lapping session to commence.

4. Track Staff shall maintain their complete attention on the portion of the track for which they are responsible.

5. Track race Controller shall immediately halt or reduce the speed of all karts in the event that any kart on the track is stationary by reason of an accident, mechanical malfunction or stall, or if any person appears to be in distress or threatens to drive or behave in a careless or reckless manner.

520 CMR, § 5.12

Amended by Mass Register Issue 1335, eff. 3/24/2017.