7 LONG TITLE
8 General Description:
9 This bill amends provisions related to personal delivery devices.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends definitions;
13 ▸ provides for operation parameters for a personal delivery device both in a pedestrian
14 area and on a highway;
15 ▸ allows certain local regulation of personal delivery devices; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 41-6a-1119, as last amended by Laws of Utah 2019, Chapter 391
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-1119 is amended to read:
27 41-6a-1119. Personal delivery device.
28 (1) As used in this section:
29 (a) "Eligible entity" means a corporation, partnership, association, firm, sole
30 proprietorship, or other entity engaged in a business[
31 delivery device.
36 (b) "Main-traveled way" means the same as that term is defined in Section 72-7-502.
37 (c) "Pedestrian area" means a sidewalk, crosswalk, school crosswalk, school crossing
38 zone, or safety zone.
40 all of the following apply:
41 (A) the device is [
42 manufactured for transporting cargo and goods; and
48 hardware and software, that enables the operation of the device with or without active control
49 or monitoring by a person.
50 (ii) A mobile carrier as defined in Section 41-6a-1120 is not a personal delivery device.
51 (iii) "Personal delivery device" does not include:
52 (A) a motor vehicle; or
53 (B) an ADS-dedicated vehicle as that term is defined in Section 41-26-102.1.
55 eligible entity who exercises active physical control over, or monitoring of, the navigation and
56 operation of a personal delivery device.
57 (ii) "Personal delivery device operator" does not include:
58 (A) with respect to a delivery or other service rendered by a personal delivery device,
59 the person who requests the delivery or service; or
60 (B) a person who only arranges for and dispatches a personal delivery device for a
61 delivery or other service.
62 (2) An eligible entity may operate a personal delivery device [
69 (a) the personal delivery device is operated at a maximum speed of:
70 (i) 10 miles per hour when in a pedestrian area; or
71 (ii) 20 miles per hour on a highway in an area that is not a pedestrian area;
73 coverage of not less than $100,000 for damages arising from the operation of the personal
74 delivery device by the eligible entity and any agent of the eligible entity; and
76 (i) a marker that clearly identifies the name and contact information of the eligible
77 entity operating the personal delivery device and a unique identification number;
78 (ii) a braking system that enables the personal delivery device to come to a controlled
79 stop; and
80 (iii) if the personal delivery device is being operated between sunset and sunrise, a light
81 on both the front and rear of the personal delivery device that is visible on all sides of the
82 personal delivery device in clear weather from a distance of at least 500 feet to the front and
83 rear of the personal delivery device when directly in front of low beams of headlights on a
84 motor vehicle.
85 (3) A personal delivery device operator may not allow a personal delivery device to do
86 any of the following:
87 (a) fail to comply with traffic or pedestrian control devices and signals;
88 (b) unreasonably interfere with pedestrians or traffic; or
89 (c) transport hazardous material[
92 (i) regulated under 49 U.S.C. Chapter 51, Transportation of Hazardous Material; and
93 (ii) required to be placarded under 49 C.F.R., Part 172, Subpart F, Placarding.
94 (4) (a) When operating on a highway, the personal delivery device:
95 (i) shall operate as close as practicable to the edge of the highway in the direction of
96 authorized traffic movement; and
97 (ii) except as provided in Subsection (4)(b), may not travel in the main-traveled way.
98 (b) Notwithstanding Subsection (4)(a), a personal delivery device:
99 (i) if practical and with due regard for safety and traffic conditions may temporarily
100 operate in the main-traveled way to avoid a parked car or other obstacle on the edge of the
101 highway; and
102 (ii) shall return to the edge of the highway as described in Subsection (4)(a) as soon as
103 conditions allow.
104 (c) Notwithstanding Subsections (4)(a) and (b), a personal delivery device may not
105 operate on a:
106 (i) highway with a speed limit of 45 miles per hour or higher; or
107 (ii) limited access highway.
109 pedestrian under the same circumstances, except that a personal delivery device shall yield the
110 right-of-way to a pedestrian [
112 complies with this section.
114 (a) a violation of this section that is committed by a personal delivery device operator
115 operated for the benefit of the eligible entity; and
116 (b) any other circumstance, including a technological malfunction, in which a personal
117 delivery device operates in a manner prohibited by Subsection (3).
118 (8) (a) Following discussions with and input from eligible entities, a local authority or
119 political subdivision may reasonably regulate the operation of personal delivery devices on a
120 highway or pedestrian area.
121 (b) This section does not affect the authority of a peace officer of a local authority or
122 political subdivision to enforce the laws of this state relating to the operation of a personal
123 delivery device.