N.J. Admin. Code § 5:14A-6.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:14A-6.2 - Revocation of carnival-amusement ride permit, certification or approval

(a) Any owner may have his or her amusement ride permit or individual approval revoked for:

1. Incompetence;

2. Negligence;

3. Continuing to operate an amusement ride without the Department's authorization when an incident as described in 5:14A-4.13 occurs;

4. Failure to notify the Department of any incident as required by N.J.A.C. 5:14A-4.13;

5. The discovery of false, invalid, incorrect or fraudulent information related to the design of the ride or its safe operation;

6. Continuing to operate an amusement ride after having been notified by the Department that the ride has been determined by the Department to be unsafe or hazardous, or potentially unsafe or hazardous;

7. Failure or refusal to comply with an order to provide to the Department any engineering data or report or other information concerning the ride that may be required by the Department;

8. Failure to maintain, or failure or refusal to provide, records concerning the maintenance of the ride that may be required by the Department;

9. Knowingly submitting false, invalid or fraudulent information that is not related to the design of the ride or its safe operation; or

10. Failure to comply with the Carnival-Amusement Ride Safety Act, 5:3-31 et seq., orders of the Commissioner, or this chapter.

(b) Any owner who has an amusement ride permit revoked pursuant to this section shall not operate the affected amusement ride until such permit is restored by the Department through the regular application process.

(c) Any manufacturer may have a type certification or amended type certification revoked for:

1. Failure to report incidents as required by 5:14A-5.7;

2. Failure or refusal to issue safety bulletins required by the Department;

3. Failure or refusal to supply requested engineering analyses;

4. The determination by the Department that the ride for which the type certification or amended type certification was issued is unsafe or hazardous, or potentially unsafe or hazardous;

5. The discovery of or knowingly submitting false, invalid, incorrect or fraudulent information related to the design or manufacture of a ride; or

6. Failure to comply with the Carnival-Amusement Ride Safety Act, 5:3-31 et seq., orders of the Commissioner, or this chapter.

(d) Any manufacturer who has a type certification or amended type certification revoked, after exhaustion of all available remedies at law, shall be prohibited to sell, erect, use or install that carnival-amusement ride in this State.

N.J. Admin. Code § 5:14A-6.2

Amended by R.2006 d.325, effective 9/18/2006.
See: 38 N.J.R. 1919(a), 38 N.J.R. 3776(a).
Inserted new (a)6 through (a)8; recodified former (a)6 and (a)7 as (a)9 and (a)10; in (c)2 and (c)3, substituted "Failure or refusal" for "Repeated failure"; inserted new (c)4; and recodified former (c)4 and (c)5 as (c)5 and (c)6.