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HB 517 - Ski Area Safety Act; enact

Twiggs, Ralph (8th)

Status Summary	HC:	PubS	SC:	I&L	FR:	02/09/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to enact the Ski Area Safety Act; to provide a short title; to define certain terms; to create the Advisory Board on Ski Area Safety; and for other purposes.

Code Sections - 43-43A-1/ 43-43A-2/ 43-43A-3/ 43-43A-4/ 43-43A-5/ 43-43A-6/ 43-43A-7/ 43-43A-8

HB 517                                            LC 14 7493S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 43 of the Official Code of Georgia Annotated, 
  1- 2  relating to professions and businesses, so as to provide for 
  1- 3  certain requirements with respect to snow skiing safety; to 
  1- 4  define certain terms; to enumerate the inherent dangers of 
  1- 5  skiing and provide for assumption of risk with respect to 
  1- 6  such inherent dangers; to provide responsibilities and 
  1- 7  duties of passengers of passenger tramways; to provide for a 
  1- 8  sign system designating trails and slopes by degree of 
  1- 9  difficulty; to provide for the posting of signs;  to provide 
  1-10  for the location of signs; to provide for a warning notice 
  1-11  relating to the inherent dangers of skiing; to provide for 
  1-12  the posting of such warning; to provide for equipment on 
  1-13  snow grooming equipment and snowmobiles; to provide for the 
  1-14  revocation of skiing privileges of persons in violation of 
  1-15  this Act; to provide that such authority shall not be 
  1-16  construed as a duty to protect skiers from the actions of 
  1-17  other skiers; to provide for the responsibilities and duties 
  1-18  of skiers; to provide for responsibilities and duties of ski 
  1-19  competitors and provide for an assumption of the risk; to 
  1-20  provide for related matters; to repeal conflicting laws; and 
  1-21  for other purposes. 
 
  1-22       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-23                           SECTION 1. 
 
  1-24  Title 43 of the Official Code of Georgia Annotated, relating 
  1-25  to professions and businesses, is amended by inserting 
  1-26  immediately following Chapter 43 a new chapter to read as 
  1-27  follows: 
 
 
 
  1-28    43-43A-1. 
 
  1-29    As used in this chapter, the term: 
 
  1-30      (1) 'Base area lift' means a passenger tramway to gain 
  1-31      access to some other part of the ski area. 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      (2) 'Competitor' means a skier engaging in competition 
  2- 2      or preparing for competition on a slope or trail 
  2- 3      designated by the ski area or used by the skier for the 
  2- 4      purpose of competition or training for competition. 
 
  2- 5      (3) 'Conditions of ordinary visibility' means all 
  2- 6      periods of daylight, and, when visibility is not 
  2- 7      restricted by weather or other atmospheric conditions, 
  2- 8      nighttime. 
 
  2- 9      (4) 'Inherent dangers and risks of skiing' means 
  2-10      categories of danger or risks of skiing, or conditions 
  2-11      of the sport of skiing that cause or can cause any 
  2-12      injury, death, or property damage, including: 
 
  2-13        (A) Changing weather conditions; 
 
  2-14        (B) Surface and subsurface snow or ice conditions as 
  2-15        they may exist or change from time to time, including 
  2-16        variable conditions such as hard packed powder, packed 
  2-17        powder, wind-blown snow, wind-packed snow, corn snow, 
  2-18        crust slush, snow modified by skier use, or cut up 
  2-19        snow; surface or subsurface snow or ice conditions as 
  2-20        they exist or may change as the result of weather 
  2-21        changes or skier use; snow created by or resulting 
  2-22        from snow making or snow grooming operations; or 
  2-23        collisions or falls resulting from such conditions; 
 
  2-24        (C) Surface or subsurface conditions other than those 
  2-25        specified in subparagraph (B) of this paragraph, 
  2-26        including  dirt, grass, rocks, trees, stumps, other 
  2-27        forms of forest or vegetative growth, stream beds, or 
  2-28        other natural objects or debris; or collisions or 
  2-29        falls resulting from such conditions; 
 
  2-30        (D) Collisions with: lift towers; components of lift 
  2-31        towers; signs, posts, fences, mazes, or other 
  2-32        enclosure devices; hydrants, pipes, or any other 
  2-33        portions of snow making or snow delivery systems; snow 
  2-34        grooming equipment or other over-snow vehicles marked 
  2-35        or lighted as required  by this chapter; or collisions 
  2-36        with or falls resulting from any such structures or 
  2-37        any other manmade structures or their components; 
 
  2-38        (E) Variations in surface, contour, or steepness of 
  2-39        terrain, including, but not limited to, moguls, ski 
  2-40        jumps, roads, depressions, water bars, and cat walks; 
  2-41        other terrain changes or modifications which occur 
  2-42        naturally or result from slope design or construction, 
 
 
 
                                 -2- 
 
 
 
  3- 1        snow making, snow grooming, maintenance operations, or 
  3- 2        skier use; or collisions with or falls resulting from 
  3- 3        such variations; and 
 
  3- 4        (F) Collisions with other skiers unless such 
  3- 5        collisions are caused by the failure on the part of 
  3- 6        other skiers to conduct themselves in accordance with 
  3- 7        the provisions of this chapter. 
 
  3- 8      (5) 'Passenger' means a person who is lawfully being 
  3- 9      transported by a passenger tramway. 
 
  3-10      (6) 'Passenger tramway' means any mechanical device used 
  3-11      to transport passengers uphill, but such term does not 
  3-12      include over-snow vehicles. 
 
  3-13      (7) 'Ski area' means all snow ski slopes or trails and 
  3-14      other places under the control of a ski area operator at 
  3-15      a defined business location within this state. 
 
  3-16      (8) 'Ski area operator' means an individual, 
  3-17      partnership, corporation, or other commercial entity who 
  3-18      owns, manages, or otherwise directs or has operational 
  3-19      responsibility for any ski area. 
 
  3-20      (9) 'Skier' means any person who uses any part of a ski 
  3-21      area for the purpose of skiing, snowboard skiing, or 
  3-22      sliding or moving on any device other than a motorized 
  3-23      device or any person except a passenger who uses any of 
  3-24      the facilities of the ski area, including the ski slopes 
  3-25      and trails. 
 
  3-26      (10) 'Ski slopes or trails' means those areas open to 
  3-27      the skiing public and designated by the ski area 
  3-28      operator to be used by a skier.  The designation may be 
  3-29      generally set forth on trail maps and further designated 
  3-30      by signage posted to indicate to the skiing public the 
  3-31      intent that the areas be used by the skier for the 
  3-32      purpose of skiing.  Nothing in this paragraph implies 
  3-33      that ski slopes or trails may not be restricted for use 
  3-34      at the discretion of the ski area operator. 
 
  3-35      (11) 'Surface lift' means any passenger tramway that 
  3-36      allows the skier's sliding equipment to stay in contact 
  3-37      with the skier and the snow during all of the uphill 
  3-38      transportation. 
 
  3-39    43-43A-2. 
 
  3-40    (a) No passenger shall use a passenger tramway if the 
  3-41    passenger does not have sufficient knowledge, ability, or 
 
 
                                 -3- 
 
 
 
  4- 1    physical dexterity to negotiate or use the facility safely 
  4- 2    unless and until the passenger has asked for and received 
  4- 3    information sufficient to enable the passenger to use the 
  4- 4    equipment safely.  A passenger is required to follow any 
  4- 5    written, verbal, or other instructions that are given by 
  4- 6    ski area personnel regarding the use of the passenger 
  4- 7    tramway. 
 
  4- 8    (b) No passenger shall: 
 
  4- 9      (1) Attempt to enter, use,  exit, or leave a passenger 
  4-10      tramway except at a location designated by ski area 
  4-11      signage for that purpose, except that, in the event of a 
  4-12      stoppage of the passenger tramway, a passenger may exit 
  4-13      under the supervision and direction of the operator or 
  4-14      its representatives, or, in the event of an emergency, a 
  4-15      passenger may exit in order to prevent an injury to the 
  4-16      passenger or others; 
 
  4-17      (2) Throw, drop, or release any object from a passenger 
  4-18      tramway except as directed by the operator or its 
  4-19      representatives; 
 
  4-20      (3) Act in any manner that may interfere with the proper 
  4-21      or safe operation of the passenger tramway or cause any 
  4-22      risk, harm, or injury to any person; 
 
  4-23      (4) Place in an uphill track of any surface lift any 
  4-24      object that may cause damage to property or injury to 
  4-25      any person; 
 
  4-26      (5) Use or attempt to use any passenger tramway marked 
  4-27      as closed; or 
 
  4-28      (6) Disobey any instructions posted in accordance with 
  4-29      this chapter or any verbal or other instructions of the 
  4-30      ski area operator or its lawful designee regarding the 
  4-31      use of passenger tramways. 
 
  4-32    43-43A-3. 
 
  4-33    (a) Each ski area operator shall maintain a sign system 
  4-34    with information for the instruction of passengers and 
  4-35    skiers.  Signs must be in English and visible in 
  4-36    conditions of ordinary visibility and, where applicable, 
  4-37    lighted for nighttime passengers. Without limitation, the 
  4-38    signs shall be posted: 
 
  4-39      (1) At or near the loading point of each passenger 
  4-40      tramway, regardless of the type, advising all persons 
  4-41      that if they are not familiar with the operation of the 
 
 
                                 -4- 
 
 
 
  5- 1      device, they must ask the operator of the device for 
  5- 2      assistance and instructions and that they must 
  5- 3      understand such instructions before they attempt to use 
  5- 4      the passenger tramway; and 
 
  5- 5      (2) At or near the boarding area of each lift, setting 
  5- 6      forth the warning regarding inherent dangers and risks 
  5- 7      and duties as provided in this chapter. 
 
  5- 8    (b) The ski area operator, before opening a passenger 
  5- 9    tramway to the public each day, shall inspect the 
  5-10    passenger tramway for the presence and visibility of all 
  5-11    required signs. 
 
  5-12    (c) The ski area operator shall  post a sign visible to 
  5-13    skiers who are proceeding to the uphill loading point of 
  5-14    each base  area lift which shall depict and explain the 
  5-15    following signs and symbols that a skier may encounter at 
  5-16    the ski area: 
 
  5-17      (1) A green circle and the word 'easier' designating the 
  5-18      ski area's least difficult trails and slopes; 
 
  5-19      (2) A blue square and the words 'more difficult' 
  5-20      designating the ski area's trails and slopes that have a 
  5-21      degree of difficulty that lies between the least 
  5-22      difficult and most difficult trails and slopes; 
 
  5-23      (3) A black diamond and the words 'most difficult' 
  5-24      designating the ski area's most difficult trails and 
  5-25      slopes; 
 
  5-26      (4) Two black diamonds and the words 'most difficult' 
  5-27      designating a slope or trail which meets the description 
  5-28      of 'most difficult' but which is particularly 
  5-29      challenging; and 
 
  5-30      (5) Crossed poles or other images clearly indicating 
  5-31      that a trail or slope is closed and may not be used by 
  5-32      skiers. 
 
  5-33    (d) If applicable, a warning sign shall be placed at or 
  5-34    near the loading point of a passenger tramway indicating 
  5-35    that it provides access to only 'most difficult' or 'more 
  5-36    difficult' slopes or trails. 
 
  5-37    (e) The ski area operator shall place a sign at or near 
  5-38    the beginning of each trail or slope indicating the 
  5-39    relative degree of difficulty of that particular trail or 
  5-40    slope. 
 
 
 
                                 -5- 
 
 
 
  6- 1    43-43A-4. 
 
  6- 2    (a) The ski area operator shall post and maintain signs 
  6- 3    that contain the following warning notice: 
 
  6- 4      'WARNING: Under Georgia law, every skier accepts the 
  6- 5      risk of any injury or death and damage to property 
  6- 6      resulting from any of the inherent dangers or risks of 
  6- 7      skiing. The inherent dangers or risks of skiing, or 
  6- 8      conditions of the sport of skiing that cause or can 
  6- 9      cause injury, death, or property damage, include: 
 
  6-10      (1) Changing weather conditions; 
 
  6-11      (2) Surface and subsurface snow or ice conditions as 
  6-12      they may exist or change from time to time, including 
  6-13      variable conditions such as hard packed powder, packed 
  6-14      powder, wind-blown snow, wind-packed snow, corn snow, 
  6-15      crust slush, snow modified by skier use, or cut up snow; 
  6-16      surface or subsurface snow or ice conditions as they 
  6-17      exist or may change as the result of weather changes or 
  6-18      skier use; snow created by or resulting from snow making 
  6-19      or snow grooming operations; or collisions or falls 
  6-20      resulting from such conditions; 
 
  6-21      (3) Surface or subsurface conditions other than those 
  6-22      specified in paragraph (2) of this subsection, including 
  6-23      dirt, grass, rocks, trees, stumps, other forms of forest 
  6-24      or vegetative growth, stream beds, or other natural 
  6-25      objects or debris; or collisions or falls resulting from 
  6-26      such conditions; 
 
  6-27      (4) Collisions with: lift towers; components of lift 
  6-28      towers; signs, posts, fences, mazes, or other enclosure 
  6-29      devices; hydrants, pipes, or any other portions of snow 
  6-30      making or snow delivery systems; snow grooming equipment 
  6-31      or other over-snow vehicles marked or lighted as 
  6-32      required  by this chapter; or collisions with or falls 
  6-33      resulting from any such structures or any other manmade 
  6-34      structures or their components; 
 
  6-35      (5) Variations in surface, contour, or steepness of 
  6-36      terrain, including, but not limited to, moguls, ski 
  6-37      jumps, roads, depressions, water bars, and cat walks; 
  6-38      other terrain changes or modifications which occur 
  6-39      naturally or result from slope design or construction, 
  6-40      snow making, snow grooming, maintenance operations, or 
  6-41      skier use; or collisions with or falls resulting from 
  6-42      such variations; and 
 
 
 
                                 -6- 
 
 
 
  7- 1      (6) Collisions with other skiers.' 
 
  7- 2    (b) A warning sign as described in subsection (a) of this 
  7- 3    Code section shall be placed: 
 
  7- 4      (1) At the ski area in the location where lift tickets 
  7- 5      or ski school lessons are sold; 
 
  7- 6      (2) In the vicinity of the uphill loading point of each 
  7- 7      base area lift; and 
 
  7- 8      (3) At such other places as the ski area operator may 
  7- 9      select. 
 
  7-10    (c) Each sign required by subsection (a) of this Code 
  7-11    section shall be no smaller than 3 feet by 3 feet and 
  7-12    shall be white or yellow with black and red letters as 
  7-13    specified in this subsection. The word 'WARNING' shall 
  7-14    appear on the sign in red letters.  The warning notice 
  7-15    specified in subsection (a) of this Code section shall 
  7-16    appear on the sign in black letters with each letter being 
  7-17    a minimum of one inch in height. 
 
  7-18    (d) Every passenger tramway ticket sold may contain the 
  7-19    warning notice specified in subsection (a) of this Code 
  7-20    section. 
 
  7-21    43-43A-5. 
 
  7-22    (a) Any motorized snow grooming vehicle shall be equipped 
  7-23    with at least a flashing or rotating light which shall be 
  7-24    in operation whenever the vehicle is being operated on a 
  7-25    ski slope or trail. 
 
  7-26    (b) While snow grooming vehicles are being used to 
  7-27    maintain or groom any ski slope or trail while that slope 
  7-28    or trail is open to the public, the ski operator shall 
  7-29    place or cause to be placed a conspicuous sign or notice 
  7-30    that warns of that activity at or near the top of that ski 
  7-31    slope or trail or in the area of the off loading ramp of 
  7-32    any lift servicing that ski slope or trail. 
 
  7-33    (c) All snowmobiles or other over-snow vehicles, other 
  7-34    than snow grooming vehicles, that are being operated on 
  7-35    the ski slopes or trails shall be equipped with at least 
  7-36    the following: 
 
  7-37      (1) One lighted headlight; 
 
  7-38      (2) One lighted red taillight; 
 
 
 
 
                                 -7- 
 
 
 
  8- 1      (3) A brake system maintained in operable condition; and 
 
  8- 2      (4) A flag of at least 40 square inches mounted at least 
  8- 3      six feet above the bottom of the tracks of the vehicle. 
 
  8- 4    43-43A-6. 
 
  8- 5    Each ski area operator, upon finding a person skiing in 
  8- 6    violation of any posted regulations governing skiing 
  8- 7    conduct, may revoke that person's skiing privileges.  This 
  8- 8    Code section shall not in any way be construed to create 
  8- 9    an affirmative duty on the part of the ski area operator 
  8-10    to protect skiers from their own or other skiers' careless 
  8-11    or reckless behavior, including any skier's violation of 
  8-12    any duties set forth in this chapter. 
 
  8-13    43-43A-7. 
 
  8-14    Any other provision of law to the contrary 
  8-15    notwithstanding: 
 
  8-16      (1) Each individual skier has the responsibility for 
  8-17      knowing the range of his or her own ability to negotiate 
  8-18      any ski slope or trail or any portion thereof and must 
  8-19      ski within the limits of his or her ability.  Each skier 
  8-20      expressly accepts and assumes the risk of any injury or 
  8-21      death or damage to property resulting from any of the 
  8-22      inherent dangers and risks of skiing, as set forth in 
  8-23      this chapter; provided, however, that injuries sustained 
  8-24      in a collision with another skier are not an inherent 
  8-25      risk of the sport for purposes of this Code section; 
 
  8-26      (2) Each skier has the duty to maintain control of his 
  8-27      or her speed and course at all times and to maintain a 
  8-28      proper lookout so as to be able to avoid other skiers 
  8-29      and objects, natural or manmade. The skier shall have 
  8-30      the primary duty to avoid colliding with any persons or 
  8-31      objects below him or her on the trail; 
 
  8-32      (3) No skier shall ski on a ski slope or trail that has 
  8-33      been posted as closed in accordance with the provisions 
  8-34      of this chapter; 
 
  8-35      (4) Each skier shall stay clear of all snow grooming or 
  8-36      snow making equipment, vehicles, lift towers, signs, and 
  8-37      any other equipment at the ski area; 
 
  8-38      (5) Each skier shall obey all posted information, 
  8-39      warnings, and requirements and shall refrain from acting 
  8-40      in any manner that might cause or contribute to the 
  8-41      injury of the skier or any other person.  Each skier 
 
 
                                 -8- 
 
 
 
  9- 1      shall be charged with having seen and understood all 
  9- 2      information posted as required or permitted in this 
  9- 3      chapter.  Each skier shall locate and ascertain the 
  9- 4      meaning of all signs posted in accordance with this 
  9- 5      chapter; 
 
  9- 6      (6) Each sliding device used by a skier shall be 
  9- 7      equipped with a strap or other device designed to help 
  9- 8      reduce the risk of any runaway equipment should it 
  9- 9      become unattached from the skier; 
 
  9-10      (7) No skier shall cross the uphill track of any surface 
  9-11      lift device except at locations designated by the 
  9-12      operator, nor shall any person place any object in the 
  9-13      uphill track of such a device; 
 
  9-14      (8) Before beginning to ski from a stationary position, 
  9-15      or before entering a ski slope or trail, the skier shall 
  9-16      have the duty of yielding to moving skiers already using 
  9-17      the slope or trail; 
 
  9-18      (9) No skier shall stop where he or she obstructs a 
  9-19      trail or is not visible from higher on the slope or 
  9-20      trail; and 
 
  9-21      (10) No skier shall board or use or attempt to board or 
  9-22      use any passenger tramway of any type or use any ski 
  9-23      slope or trail while that skier's ability to do so is 
  9-24      impaired by alcohol, drugs, or any controlled substance. 
 
  9-25    43-43A-8. 
 
  9-26    (a) Any competitor may, before the start of any formal or 
  9-27    sanctioned skiing competition, make a visual inspection of 
  9-28    the designated course where the competition is to be held. 
 
  9-29    (b) Competitors shall be held to accept any and all risks 
  9-30    of injury or death that result from course conditions, 
  9-31    including, but not limited to, those inherent dangers and 
  9-32    risks of skiing as defined in this chapter, as well as 
  9-33    existing weather or snow conditions; course design, 
  9-34    construction, or layout; or obstacles that a visual 
  9-35    inspection prior to any training for or the start of the 
  9-36    actual competitive event would have revealed." 
 
  9-37                           SECTION 2. 
 
  9-38  All laws and parts of laws in conflict with this Act are 
  9-39  repealed. 
 
 
 
 
                                 -9-