(2) The owner or operator shall be deemed not a common carrier; however, such owner or operator shall exercise the highest degree of care for the safety of users.

(3) If the department finds that the United States Forest Service or other agency of government has jurisdiction over and regulates and provides inspection of the equipment mentioned in ORS 460.310 (2)(b) pursuant to promulgated safety standards not lower than provided by ORS 460.310 to 460.370, it shall by its rules exempt operators from the requirements of ORS 460.310 to 460.370.

(4) The department shall adopt rules to:

(a) Govern the issuance, renewal, suspension and revocation of permits and certificates of competency issued under ORS 460.310 to 460.370.

(b) Govern the internal organization and procedure of the department for administering and enforcing ORS 460.310 to 460.370.

(c) Govern reports by the department’s staff of amusement ride inspectors on amusement rides or devices inspected by them.

(d) Set permit fees sufficient to pay but not to exceed the department’s costs of carrying out the amusement ride program.

(5) In adopting rules under this section, the department shall consider:

(a) Technological advances in the amusement ride industry.

(b) The practicability of following the standards under consideration, if adopted.

(c) The probability, extent and gravity of the injury to the public or property that would result from failure to follow the standards under consideration.

(d) Safety standards followed, proposed or approved by responsible members of the amusement ride industry and by ASTM International. [1967 c.295 §3; 1981 c.566 §13; 1985 c.705 §6; 1993 c.18 §116; 1993 c.164 §6; 1993 c.744 §247; 2013 c.1 §68]