b. If the ski area vehicle is an all-terrain vehicle, a snowmobile, or a similarly sized motorized vehicle, in addition to the flashing light as specified in subd. 1., a red or orange flag that is at least 40 square inches in size and that is mounted at least 5 feet from the bottom of the tracks or tires.
2. If any grooming operations take place on a ski trail during hours in which a lift is being operated, the ski area operator shall close that trail to the public at the top entrance to the trail until the grooming operations are complete on that trail. If a groomer is traversing part of a ski area that is not part of a ski trail during hours in which a lift is being operated, the ski area operator shall provide an escort for the groomer to warn guests of the approaching groomer.
3. A ski area operator shall have a written policy that specifies the training required for anyone to operate a snowmobile or an all-terrain vehicle within the ski area, and shall have a written policy addressing recommended routes for snowmobiles or all-terrain vehicles to follow when used during the hours in which a lift is being operated.
4. No ski area operator may allow anyone under the age of 18 to operate a snowmobile or an all-terrain vehicle within the ski area.
5. Any employee of a ski area operating a snowmobile or an all-terrain vehicle shall possess a valid driver's license.
6. A ski area operator shall prohibit the use of privately owned snowmobiles or all-terrain vehicles within the ski area during the hours in which a lift is being operated.
7. The operator of a snowmobile or an all-terrain vehicle may not operate the vehicle at a rate of speed greater than is reasonable.
8. Whenever possible, the person operating a snowmobile or an all-terrain vehicle within a ski area during the hours in which a lift is being operated shall give skiers the right-of-way.
(c) Lift inspections. Annually, a ski area operator shall have all of the lifts located in its ski area inspected by a qualified lift inspector to determine whether the lift is in compliance with the rules promulgated by the department of safety and professional services.
(d) Lift inspectors. In order to be a qualified lift inspector for purposes of par. (c), an individual shall be either or both of the following:
1. An individual authorized by the department of safety and professional services to make inspections of lifts pursuant to ch. 101.
2. An individual who has knowledge of the requirements of the rules specified in par. (c) and of the design and operation of lifts and who has one of the following:
a. A degree of engineering from a recognized university.
b. Experience as an inspector of lifts for an insurance company that has provided liability insurance coverage to any ski area.
(5) Duties of individuals engaged in snow sports. (a) Safety rules; skiing and sledding. Each individual engaged in skiing or sledding at a ski area has a duty to do all the following:
1. Obey all posted warnings and signs.
2. Keep off of closed trails and out of closed areas.
3. Know the range of his or her ability and engage in skiing or sledding within that ability.
4. Assess the difficulty of the trails and terrains that are open to skiing or sledding.
5. Maintain control of his or her speed and direction.
6. Comply with any posted limits that are imposed on the number of passengers or on the amount of weight of the sled or other sledding device while it is being ridden.
7. Be able to stop or avoid other individuals or objects.
8. Yield to other individuals engaged in skiing or sledding who are ahead or who are down the slope.
9. Not stop at a point that will result in the individual obstructing a trail or not being visible from above.
10. Yield to other individuals engaged in skiing or sledding who are uphill when starting downhill or merging onto a trail.
11. Be able to safely board, ride, and deboard any lift serving an area open to skiing or sledding.
12. Board and deboard a lift only at designated sites.
13. If involved in a collision with another participant in a snow sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
(b) Safety rules; tubing. Each individual engaged in tubing at a ski area has a duty to do all of the following:
1. Obey all posted signs and warnings.
2. Keep out of closed areas.
3. Know the range of his or her ability and engage in tubing within that ability.
4. Assess the difficulty of terrain that is open to tubing.
5. Maintain control of his or her speed and direction.
6. Comply with any posted limits that are imposed on the number of passengers or on the amount of weight of the tube or other tubing device while it is being ridden.
7. Be able to safely board, ride, and deboard a lift serving an area open to tubing.
8. Board and deboard a lift only at designated sites.
9. Yield to other individuals engaged in tubing who are ahead or who are down the slope.
10. Look uphill and yield to oncoming tubes before leaving the bottom of the hill at the end of a run.
11. If involved in a collision with another participant in a snow sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
199,6
Section
6. 895.525 (2) of the statutes is amended to read:
895.525 (2) Definition. In this section, "recreational activity" means any activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" does not include participating in a snow sport at a ski area, as those terms are defined in s. 167.33, but includes hunting, fishing, trapping, camping, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle, ballooning, curling, throwing darts, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, participation in water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, sport shooting, and participating in a snow sport outside a ski area, as those terms are defined in s. 167.33, and any other sport, game or educational activity.
199,7
Section
7. 895.526 of the statutes is created to read:
895.526 Participation in a snow sport; restrictions on civil liability, assumption of risk. (1) Definitions. All definitions in s. 167.33 apply to this section unless the context otherwise requires.
(2) Appreciation of conditions and risk of participation in a snow sport. (a) Every participant in a snow sport at a ski area accepts the conditions and risks of the snow sport as set forth in s. 167.33 (2).
(b) Every participant in a snow sport at a ski area is presumed to have seen and understood signage provided by the ski area operator pursuant to s. 167.33 (3).
(c) Every participant in a snow sport at a ski area accepts that failure to wear a helmet or wearing a helmet that is improperly sized, fitted, or secured increases the risk of injury or death or the risk of a more severe injury. Every participant in a snow sport at a ski area accepts that a helmet may not be available for purchase or for rent at a ski area.
(d) Every participant in a snow sport at a ski area accepts that natural or man-made items or obstacles within a ski area, including ski area infrastructure and ski area vehicles, may be unpadded or not heavily padded and accepts that there may be a higher risk of injury or death or of a more severe injury associated with a collision with an item or obstacle that is unpadded or not heavily padded.
(3) Responsibilities of a participant in a snow sport. Every participant in a snow sport is responsible to do all of the following:
(a) Fulfill his or her duties set forth in s. 167.33 (5).
(b) Choose whether to wear a helmet while participating in the snow sport. If the participant chooses to wear a helmet, he or she has the responsibility to ensure the helmet is of the correct size and fit and to ensure that it is properly secured while he or she participates in the snow sport.
(4) Limits on liability for a ski area operator; release and liability of a participant. (a) A ski operator who fulfills all of his or her duties under s. 167.33 (3) and (4) owes no further duty of care to a participant in a snow sport and is not liable for an injury or death that occurs as a result of any condition or risk accepted by the participant under sub. (2).
(b) A participant involved in a collision with any other participant or with a nonparticipant may be liable for an injury or death that occurs as a result of the collision.
(c) This subsection shall be construed broadly.
(5) Effect on related provision. Nothing in this section affects the limitation of a property owner's liability under s. 895.52.
