27-1-742. Definitions. As used in 27-1-741 through 27-1-745 [and 27-1-749], the following definitions apply:

(1) (a) "Amusement ride" or "ride" means a movable, portable, or nonpermanent structure that features or employs a mechanical, aquatic, or other device or attraction that carries passengers over a fixed or restricted route or that operates in a fixed or restricted area, primarily for the passengers' amusement.

(b) This definition does not apply to amusement rides that are set up and operate in any location in Montana for not more than 30 days.

(2) "Operator" means a person, business, or other entity that owns, leases, manages, or operates amusement rides.

(3) "Passenger" means a person:

(a) waiting in the immediate vicinity of an amusement ride to board the ride;

(b) entering or boarding an amusement ride;

(c) using an amusement ride;

(d) getting off or exiting from an amusement ride; or

(e) leaving the immediate vicinity of an amusement ride after getting off or exiting the ride.

(4) "Qualified inspector" means an individual who is not employed by the operator and is:

(a) a professional engineer; or

(b) an inspector holding a minimum of:

(i) a level 1 maintenance certification from AIMS international, also known as amusement industry manufacturers and suppliers international; or

(ii) a level 1 certification from the national association of amusement ride safety officials.

(5) "Serious injury or illness" means an injury to or illness of a person that results in death, dismemberment, significant disfigurement, the permanent loss of the use of a body organ, member, function, or system, a compound fracture, or any other significant injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.