Hayride Attractions

In accordance with the Amusement Ride Inspection Act (4 P.S. §§ 401-418) (“Act”) and its attendant regulations (Pa. Code 7, Chapter 139), all amusement rides and attractions are required to be approved by the Department of Agriculture (“Department”) prior to their operation in the Commonwealth. Approval is required for all newly designed and manufactured rides, as well as those that have not been previously operated in the Commonwealth. Any ride or attraction not recognized as an approved type is not permitted to operate in Pennsylvania. 

ASTM International, the organization formerly known as the American Society for Testing and Materials, develops and publishes technical standards for a wide variety of industries with the goal of enhancing performance and safety. The Department adopts the standards developed by the ASTM International F24 Committee (“F24 Committee”) as its regulatory standards with respect to amusement rides and attractions that operate in this Commonwealth. On November 1, 2019, the F24 Committee published a new standard for hayrides, designated as F3168-19, Standard Practice for Hayride Attractions (“Practice F3168-19”). 

The Department understands the nature of this type of ride—farm equipment being used as a hayride—creates an undue hardship on owners and operators with certain requirements of the Act and its attendant regulations. For example, the regulation at 7 Pa. Code § 139.4 (relating to registration) requires the owner of an amusement ride or attraction provide the Department written verification under seal of a professional engineer that the ride conforms with the applicable design, load and safety requirements of the Act, its attendant regulations, and the ASTM International F24 Committee Standards. Although these regulatory requirements are appropriate with respect to most amusement rides and attractions, many of these requirements are not applicable to owners and operators that use farm equipment, e.g., a wagon/trailer and tow vehicle, for both agriculture purposes and as a hayride attraction. 

Accordingly, the Department has issued a variance from the regulation at 7 Pa. Code § 139.4(d)(7)(ii) for hayride attractions. This variance removes the requirement to submit written verification from a Pennsylvania licensed professional engineer with respect to the registration of a hayride attraction. Prior to operation, the owner of a hayride attraction shall obtain Department approval of the wagon/trailer and tow vehicle in accordance with the terms of the order for variance published in the Pennsylvania Bulletin.