This chapter applies to go-kart operations. This chapter does not preclude or preempt the applicability of COMAR 09.12.62 to go-kart operations. The purpose of this chapter is to ensure that go-karts in the State are safely designed, operated, and maintained. The following terms have the meanings indicated. Terms Defined. “Go-kart operation” means a facility having at least one track on which at least one kart operates. “Kart” means a self-propelled motorized vehicle that is designed to be driven on a go-kart track where the driver has full control over acceleration from a stopped position, deceleration, stopping, and steering of the vehicle. “Operator” means a person who directly controls the loading and unloading of riders and activity on the go-kart track and immediate vicinity. “Slick track” means a track designed to allow karts to slide. Each owner of a go-kart operation shall develop a detailed written operational manual for the construction, operation, maintenance, and repair of the go-kart operation. Each owner shall ensure that the manual is legible, in English, and readily accessible to operators. The manual shall include: Manufacturer specifications for kart maintenance, repair, operation, and inspection; Track maintenance and repair procedures; Equipment operation instructions; Inspection procedures which include items specified in Regulation .06 of this chapter; Operator job descriptions; First aid procedures; A list of emergency medical telephone numbers; Recordkeeping logs for: Operational activities, including daily inspections; and Injuries; and A written emergency plan which includes the requirements contained in COMAR 09.12.62.08. If manufacturer specifications for kart maintenance, repair, operation, and inspection are unavailable for good cause, the owner shall: Develop specifications that shall ensure the safety of the riding public; and Include the specifications in §D(1), of this regulation, in the manual. Each owner shall ensure compliance with the manual. The owner shall make the manual available to the Commissioner upon request. At the entrance to the track, at the pit area, and at the ticket booth, the owner shall post a sign conveying the following instructions: Obey all instructions given by the operator; The following activities are strictly prohibited: Use of a kart when under the influence of alcohol or drugs; Bumping karts together; Smoking in a kart or in any area posted with a no smoking sign; and Weaving, cutting off, or horseplay on the track; Loose clothing shall be secured; Hair that is shoulder-length or longer shall be tied up; Restraining devices, when provided, shall be worn; Both hands shall be kept on the wheel when the kart is in operation; Both feet shall be kept in the kart at all times; Except for karts designed for two passengers, only one person may occupy each kart; Remain inside the kart until directed by the operator to exit. Directional Signs. At least one sign indicating the direction of travel shall be posted at the pit area. Additional signs indicating the direction of travel shall be posted at regular intervals around the track perimeter. Signs shall be in English, or, if appropriate, in other languages, pictures, symbols, or any combination of these. A sign shall: Be constructed of wood, metal, or other material which can endure for several years; Be constructed, placed, and maintained in such a manner that it poses no hazard and is clearly visible; and Contain lettering at least 1 inch high, on a contrasting background. The owner shall ensure that a go-kart operation is inspected each day before the start of operation. The inspection and test shall be made: By an owner or operator experienced and instructed in the proper assembly and operation of the amusement ride or attraction; and In accordance with the specifications included in the manual. The owner shall inspect the go-kart operation to determine that the karts, tracks, and facility: Are in safe operating condition; and Conform to the requirements in this chapter and COMAR 09.12.62. The inspection of each kart shall: Include the operation of: Speed-limiting devices, The brake system, and Control devices; Ensure that a part is not damaged, missing, or worn in a manner that is or may become unsafe. A record of each inspection shall be: Made at once upon completion of the test; Kept at a central location at the site of operation; Maintained for 30 days; and Made available to the Commissioner upon request. A kart shall be operated in accordance with the manual as required in Regulation .04 of this chapter. The owner shall authorize each operator to prevent unsafe conditions. The owner shall provide a sufficient number of operators to ensure that: Karts are operated in a safe manner; and Riders comply with the posted signs. When determining the number of operators to provide, the owner shall take into account the: Design and size of the track; Number of karts on the track; and Capacity of the track. At least one operator shall be at each track during operation. Before assignment to a track, each operator shall be trained in: The use and function of the kart; Procedures for refueling; Posted instructions for riders; The go-kart operation's general emergency plan; and Methods of controlling horseplay or unsafe behavior. Karts operating simultaneously on a track shall: Operate at a rate of speed sufficiently similar to ensure that speed differentials pose no hazard; and Be sufficiently similar in design to ensure that contact between karts does not result in: The interlock of karts or kart parts; A roll-over; or Other similar hazards. Maximum Speed. Each track shall have a maximum speed which ensures safe operation. The maximum speed shall be one of the following: The speed established by the Commissioner, after such investigation as the Commissioner deems appropriate; or If the Commissioner does not establish a maximum speed, the speed established by the owner based on the following considerations: Track design, including the grade; Track surface; Radius of the curves; and Age of the riders. The owner shall ensure that a kart cannot be operated in excess of the maximum speed. Operating Speed. Throughout each day's operation, the owner shall adjust the kart speed as necessary to ensure safe operation. The operating speed may not exceed the maximum speed. In determining the operating speed, the owner shall consider such factors as: Age of riders; Number of karts on the track; Track conditions; and Weather conditions. An owner shall ensure that a kart cannot be operated in excess of the operating speed. Track. The go-kart track shall be designed so that paths do not cross at any location. Track Surface. The track surface shall: Be hard and smooth; Be kept free of ruts, holes, and bumps; and Except for a slick track, provide road grip sufficient to enable a kart to be driven safely at the operating speed. Loading and Unloading Area. Each track shall have a designated area for loading and unloading passengers. The owner or operator shall ensure that a passenger enters or leaves a kart only in the designated loading and unloading area. The loading and unloading area of each track shall be designed and constructed to be: Level; Graded; and Free from obstructions or obstacles. Except for a track where all karts start and stop at the same time, the loading and unloading area shall be: Designed and constructed to reduce the speed of an incoming kart; and Separated from the track by a barrier as described in §§A(4)(b)—(d) of this regulation. The loading and unloading area for a track where all karts start and stop at the same time shall be: Clearly marked as such; and Located so it will not inhibit the free flow of karts on the track. Barriers. A barrier shall be installed along the entire outer and inner edge of each track. The barrier shall be designed to: Prevent a kart from overturning or running over, under, or through the barrier; Minimize impact; Absorb shock; Keep a kart on the track area upon impact; and Not be a hazard in itself. The barrier shall be constructed: To ensure the requirements listed in §A(4)(b) of this regulation are met; and Of material capable of withstanding impact, such as, but not limited to, wood, steel, or rubber tires. When tires are used as a barrier, they shall be: The same size; Stacked not more than two high; and Connected in such a manner to provide a continuous barrier. Fencing. Each go-kart operation shall be surrounded by a fence at least 42 inches high, with a gate and entrance and exit signs. Pedestrian access to each track shall be fenced so that a pedestrian cannot enter the track area except through a track entrance gate. Karts. A kart shall be designed in accordance with COMAR 09.12.62.10. Exposed components on a kart, including but not limited to the steering wheel hub and headrest, which the rider may come into contact with in the case of impact or rollover, shall be padded and designed to minimize the risk of injury. Engine parts that may become hot, mufflers, and all moving or rotating parts shall be shielded. The brake and throttle pedal shall: Be marked and identified; Be foot-operated; and Return to a nonoperational position when released. The fuel system shall be: Designed and mounted so that it may not be damaged from impact; Located away from the exhaust. The wheels of a kart shall be enclosed or guarded to avoid accidental contact with another kart wheel. If kart speed and track design may contribute to a roll-over situation, a kart shall be equipped with roll-over protection, such as a roll bar or head pad. Before January 1, 1991, if designed by the manufacturer, or if required by the Commissioner following such investigation as the Commissioner deems appropriate, a kart shall be equipped with an appropriate restraining device. After December 31, 1990, each kart operated within the State shall have a lap and shoulder belt which is properly mounted, installed to ensure passenger safety, and effective to retain the passenger in the kart. If weather conditions make visibility by the operator or rider insufficient to ensure safe operation, the go-kart track shall be closed. During night-time operation, illumination adequate to ensure safe operation shall be provided. At each go-kart operation: At least one fire extinguisher shall be located in the: Pit area of each track; Refueling area; and Garage; Fire extinguishers shall be located in the infield area as necessary to ensure safety and ready access. The fire extinguishers shall be: Prominently marked; and Easily accessible. No Smoking Sign. A no smoking sign shall be posted in the pit area of each track, refueling area, garage, and in the infield area at locations to give adequate notice. The no smoking signs shall be clearly visible. Karts shall be refueled: At a designated location away from any area accessible to the public; After the kart is: Turned off; and Evacuated. Business Regulation Article, §§3-307—3-313, Annotated Code of Maryland Effective date: May 28, 1990 (17:10 Md. R. 1219) Regulation .06D amended effective April 13, 1992 (19:7 Md. R. 745) Regulation .07 amended effective April 13, 1992 (19:7 Md. R. 745) Regulation .08 amended effective April 13, 1992 (19:7 Md. R. 745)