ITD Board Meeting Minutes

ITD Board Meeting Minutes

December 12,13 2002

Issues Associated with BASE (Bridges, Antennas, Spans, and Earth) Jumping and Bungee Jumping from State Highway Bridges. DAG Bywater researched the liability issues associated with BASE and bungee jumping from state structures. Three potential sources of liability exist: participants, which is the least likely source; people under the bridge, such as those on boats; and the public injured by a distracted motorist, which is the most likely basis. There have been very few liability cases in the country on this issue. DAG Bywater added that ITD would not be covered for these claims.
Member McClure asked if the Department is covered on other sporting events, such as bicycle races. DAG Bywater responded that if a permit is issued for an activity, the Department is covered. Chairman Winder asked if the Department would be covered for liability if it issued permits for BASE and bungee jumping. DAG Bywater believes ITD would be covered then, however, he expressed concern that a permit system would result in more risks and liability issues. He suggested further research on this matter.
Another subject DAG Bywater reviewed was the prohibition or control of recreational activities on bridges. Although the Board has statutory authority on the state’s bridges, DAG Bywater believes legislation would be required to make the activity either a misdemeanor or an infraction. He believes that without legislative action specifically prohibiting bridge jumping or enhancing the Board’s authority to regulate unauthorized activities on the right-of-way, the Department’s efforts to control bridge jumping will likely meet with limited success.
Member Miller mentioned a bridge in California that was popular for BASE and bungee jumping several years ago. He asked if California was contacted to determine if it still allows these sports. DAG Bywater believes his assistant contacted all of the surrounding states, but he could not confirm whether California was included in that investigation. He will look into that.
The consensus of the Board was to have staff conduct additional research on BASE and bungee jumping from state bridges and revisit this issue at a future meeting.

December 12, 2002

10) Issues Associated with Buildings, Antennas, Structures, and Earth (BASE) Jumping and Bungee Jumping from State Highway Bridges. It is recommended that the Department take no additional measures at this time to regulate, permit, or provide signage concerning BASE and bungee jumping from state highway bridges. However, this issue should be reconsidered in the event of legislative changes that provide statutory authority to local law enforcement officials to issue citations for such conduct.

December 17, 1998

Delegation – Eric Lyman, President, Over the Edge, Inc. Mr. Lyman is opposed to ITD’s proposed legislation to prohibit bungee jumping from bridges for a number of reasons. He believes the statement of purpose is inaccurate, as it tries to address a problem that does not exist. Mr. Lyman has never seen distractions to the motoring public or accidents as a result of bungee jumping from bridges, as implied in the statement of purpose.
Secondly, there is a misconception that the sport is unsafe. Bungee jumping is safe and jumping from bridges is the safest place to jump from. He believes bungee jumpers are being punished because of this misconception. Thirdly, he believes eliminating this activity from bridges will hurt tourism. The sport is growing in popularity and some states are even endorsing it. In conclusion, Mr. Lyman does not believe the proposed legislation would reduce distractions. Out-of-staters unfamiliar with the law will still jump in Idaho while others who are aware of the legislation may jump at night. He urged the Board to reconsider the proposed legislation and suggested signage to accommodate the perceived problem.
Member McHugh asked if one lane of traffic is closed during a jump. Mr. Lyman replied no. Participants walk out on the bridge, like pedestrians, and do not impede traffic. Most motorists don’t notice them. In response to the state’s liability if a jumper is hurt, Mr. Lyman believes the liability is minimal and compared it to a pedestrian getting hit by a truck. In response to the number of jumps occurring statewide, Mr. Lyman estimated 2,000 jumps are made annually. He also stated that he occasionally asks ITD for permission to jump from state bridges.

Director Bower expressed concern with a bungee jumper on the SH-21, Diversion Dam Bridge, who he witnessed being pulled up by people crossing the lanes of traffic on SH-21. Over the Edge, Inc. uses a mechanical device toward the exterior to retrieve jumpers, according to Mr. Lyman, and he emphasized they do not get on the highway. He added that motorists usually do not notice this procedure. Chuck Ramsey and Warren Lundquist supported Mr. Lyman’s position and emphasized the safety of the sport.

In response to the possibility of establishing a permit system or rules or regulations, Mr. Lyman welcomed those suggestions and offered assistance with developing criteria. Vice Chairman Mitchell believes there are other, more serious, distractions for the traveling public, such as the numerous kayakers on the Payette River along SH-55. The consensus of the Board was to have staff look into the liability issue of a permit system and revisit the proposed legislation to prohibit bungee jumping off of bridges.