Are pay-to-ride go-carts on a track an amusement device that the North Carolina Department of Labor can inspect and regulate?

Plain-English summary

The North Carolina Commissioner of Labor asked whether a “go-cart” operated by patrons on a track for a fee was an amusement device under G.S. 95-111.3. The AG answered yes. The opinion says the device carries people over a fixed or restricted route for “amusement, pleasure, thrill, or excitement,” putting the described go-cart within the statutory definition and Article 14B’s requirements.

The statute’s definition, quoted in the opinion, covers devices or attractions that carry or convey people, or permit them to walk along, around, or over a fixed or restricted route or within a defined area for amusement. The listed examples are not exhaustive. The AG also relied on G.S. 95-111.18’s direction to construe the article liberally to protect public welfare. A few out-of-state decisions involving small vehicles on amusement tracks supported the conclusion, though the opinion notes they did not interpret this North Carolina statute.

The answer is tied to a go-cart operated by a patron for a fee on a track. The opinion does not create a three-part test for all commercial attractions or decide whether a private, no-fee track, bumper cars, boats, or mall rides are covered.

Currency note

This opinion interprets the Amusement Device Safety Act as it stood in 1989. Check the current statute and Department of Labor requirements for a present operation.

Background and statutory framework

The AG said North Carolina courts had not construed the statutory definition of “amusement device” at the time. It compared the words of G.S. 95-111.3(a) with the go-cart use described in the Commissioner’s question: a patron paid to drive on a fixed or restricted track. That direct fit, reinforced by the liberal-construction provision, was the basis for the conclusion.

Common questions

Did the AG say pay-to-ride go-carts on a fixed track are covered?

Yes. The opinion expressly concludes that a go-cart operated by patrons for a fee on a restricted route is an amusement device under G.S. 95-111.3(a).

Did the opinion decide whether a private backyard go-cart track is covered?

No. The question involved patrons operating go-carts on a track for a fee. The opinion gives no answer for a private or no-fee arrangement.

Does this ruling automatically cover other rides?

The opinion explains the statute’s definition and its nonexclusive examples, but its conclusion addresses go-carts on the track described. It does not rule on a particular different ride.

Source

• Landing page: https://ncdoj.gov/opinions/definition-of-amusement-device/

Citations

• N.C. Gen. Stat. § 95-111.3 (definition of amusement device)
• N.C. Gen. Stat. § 95-111.3(a) (devices for amusement, pleasure, thrill, excitement)
• N.C. Gen. Stat. § 95-111.18 (liberal construction)
• Article 14B, Chapter 95 (Amusement Device Safety Act of North Carolina)
• Potts v. Crafts, 5 Cal. App. 2d 83, 42 P.2d 87 (1935)
• Carlyle v. Goettee, 64 Ga. App. 360, 13 S.E.2d 206 (1941)
• Balart v. Michel's Kartway, Inc., 364 So. 2d 90 (Fla. App. 3d Dist. 1978)
• 4 Am. Jur. 2d, Amusements and Exhibitions, § 91
• 86 ALR2d 353 (1962)

Original opinion text

Subject: Definition of Amusement Device, G.S. 95-111.3

Requested By:

John C. Brooks
Commissioner
North Carolina Department of Labor

Question:

Is a "go-cart" operated on a track by patrons for a fee an amusement device as defined by G.S. 95-111.3?

Conclusion:

Yes.

The North Carolina Courts have not construed the statutory definition of the term "amusement device." However, the requirement in G.S. 95-111.18 that the Article receive a liberal construction to protect the welfare of the people and the plain language of the statute suggests that a "go-cart" operated on a fixed or restricted route or course is an "amusement device." G.S. 95-111.3 provides in pertinent part as follows:

(a) The term "amusement device" shall mean any device or attraction that carries or conveys or permits persons to walk along, around or over a fixed or restricted route or course or within a defined area including the entrances and exits thereto, for the purpose of giving such persons amusement, pleasure, thrills or excitement. The term shall include but not be limited to roller coasters, Ferris wheels, merry-go-rounds, glasshouses, waterslides, and walk-through dark houses.

A "go-cart" operated by a patron for a fee along, around, or over a fixed or restricted route or course (track) is a device operated for the purpose of amusement, pleasure, thrill, or excitement. Clearly, therefore, a "go-cart" operated on a fixed track is included within the definition of amusement device as set out in G.S. 95-111.3(a) and is subject to the requirements of Article 14B, Chapter 95 of the North Carolina General Statutes, the Amusement Device Safety Act of North Carolina.

There also has been no interpretation of "amusement device" by courts in states with similar statutory language. However, a few cases from other jurisdictions have considered miniature automobiles, two-wheel motor scooters, and "go-carts" operated on tracks at amusement facilities to be amusement devices or attractions. In Potts v. Crafts, 5 Cal. App. 2d 83, 42 P.2d 87 (1935), the Court stated that the defendant operated a place of amusement which included an oval track on which patrons operated miniature automobiles. In Carlyle v. Goettee, 64 Ga. App. 360, 13 S.E.2d 206 (1941), an amusement park furnished two-wheeled scooters to customers for a fee and also provided a track on which the public could ride the scooters. Finally, in Balart v. Michel's Kartway, Inc., 364 So. 2d 90 (1978 Fla. App. D3), the defendant operated a place of public amusement which consisted of a "go-cart" track facility where "go-carts" were rented to patrons for use on the track. See also, 4 Am. Jur.2d, Amusements and Exhibitions, § 91 and 86 ALR2d 353 (1962). While these cases do not involve the interpretation of statutory law, they are supportive of the above interpretation of the definition of "amusement device" under G.S. 95-111.3(a).

In summary, a "go-cart" operated over a restricted route for a fee by patrons is an amusement device as defined by G.S. 95-111.3(a).

Lacy H. Thornburg
Attorney General

Richard A. Love
Associate Attorney General