Representative Stewart E. Barlow proposes the following substitute bill:


1     
PERSONAL DELIVERY DEVICES AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stewart E. Barlow

5     
Senate Sponsor: Karen Mayne

6     

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:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-6a-1119, as last amended by Laws of Utah 2019, Chapter 391
24     

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[.] that includes the operation of a personal
31     delivery device.
32          [(b) "Hazardous material" means any substance defined, regulated, or listed as a
33     hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
34     or toxic substance, or identified as hazardous to human health or the environment, under state
35     or federal law or regulation.]
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.
39          [(c)] (d) (i) "Personal delivery device" means an electrically powered device to which
40     all of the following apply:
41          (A) the device is [intended primarily to transport property on a sidewalk or crosswalk;]
42     manufactured for transporting cargo and goods; and
43          [(B) the device weighs less than 150 pounds excluding any property being carried in
44     the device, except that a local highway authority may allow a device within the local highway
45     authority's jurisdiction to exceed this weight limit through a local permit or local ordinance;]
46          [(C) the device has a maximum speed of 10 miles per hour; and]
47          [(D)] (B) the device is equipped with automated driving technology, including
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          [(d)] (e) (i) "Personal delivery device operator" means an employee or agent of an
52     eligible entity who exercises active physical control over, or monitoring of, the navigation and
53     operation of a personal delivery device.
54          (ii) "Personal delivery device operator" does not include:
55          (A) with respect to a delivery or other service rendered by a personal delivery device,
56     the person who requests the delivery or service; or
57          (B) a person who only arranges for and dispatches a personal delivery device for a
58     delivery or other service.
59          (2) An eligible entity may operate a personal delivery device [on a sidewalk or
60     crosswalk] so long as all of the following requirements are met:
61          [(a) the personal delivery device is operated in accordance with the local ordinances, if
62     any, established by the local highway authority governing where the personal delivery device is
63     operated;]
64          [(b) a personal delivery device operator is actively controlling or monitoring the
65     navigation and operation of the personal delivery device;]
66          (a) the personal delivery device is operated at a maximum speed of:
67          (i) 10 miles per hour when in a pedestrian area; or
68          (ii) 20 miles per hour on a highway in an area that is not a pedestrian area;
69          [(c)] (b) the eligible entity maintains an insurance policy that includes general liability
70     coverage of not less than $100,000 for damages arising from the operation of the personal
71     delivery device by the eligible entity and any agent of the eligible entity; and
72          [(d)] (c) the personal delivery device is equipped with all of the following:
73          (i) a marker that clearly identifies the name and contact information of the eligible
74     entity operating the personal delivery device and a unique identification number;
75          (ii) a braking system that enables the personal delivery device to come to a controlled
76     stop; and
77          (iii) if the personal delivery device is being operated between sunset and sunrise, a light
78     on both the front and rear of the personal delivery device that is visible on all sides of the
79     personal delivery device in clear weather from a distance of at least 500 feet to the front and
80     rear of the personal delivery device when directly in front of low beams of headlights on a
81     motor vehicle.
82          (3) A personal delivery device operator may not allow a personal delivery device to do
83     any of the following:
84          (a) fail to comply with traffic or pedestrian control devices and signals;
85          (b) unreasonably interfere with pedestrians or traffic; or
86          (c) transport hazardous material[; or] that is:
87          [(d) operate on a street or highway, except when crossing the street or highway within a
88     crosswalk.]
89          (i) regulated under 49 U.S.C. Chapter 51, Transportation of Hazardous Material; and
90          (ii) required to be placarded under 49 C.F.R., Part 172, Subpart F, Placarding.
91          (4) (a) When operating on a highway, the personal delivery device:
92          (i) shall operate as close as practicable to the edge of the highway in the direction of
93     authorized traffic movement; and
94          (ii) except as provided in Subsection (4)(b), may not travel in the main-traveled way.
95          (b) Notwithstanding Subsection (4)(a), a personal delivery device:
96          (i) if practical and with due regard for safety and traffic conditions may temporarily
97     operate in the main-traveled way to avoid a parked car or other obstacle on the edge of the
98     highway; and
99          (ii) shall return to the edge of the highway as described in Subsection (4)(a) as soon as
100     conditions allow.
101          [(4)] (5) A personal delivery device has the rights and obligations applicable to a
102     pedestrian under the same circumstances, except that a personal delivery device shall yield the
103     right-of-way to a pedestrian [on a sidewalk or crosswalk].
104          [(5)] (6) A person may not operate a personal delivery device unless the person
105     complies with this section.
106          [(6)] (7) An eligible entity is responsible for both of the following:
107          (a) a violation of this section that is committed by a personal delivery device operator
108     operated for the benefit of the eligible entity; and
109          (b) any other circumstance, including a technological malfunction, in which a personal
110     delivery device operates in a manner prohibited by Subsection (3).
111          (8) (a) Following discussions with and input from eligible entities, a local authority or
112     political subdivision may reasonably regulate the operation of personal delivery devices on a
113     highway or pedestrian area.
114          (b) This section does not affect the authority of a peace officer of a local authority or
115     political subdivision to enforce the laws of this state relating to the operation of a personal
116     delivery device.
117          [(7)] (9) A violation of this section is an infraction.