Present law generally authorizes a personal delivery device to operate in a pedestrian area at speeds up to 10 miles per hour, but local governments are allowed to prohibit personal delivery devices by local resolutions or ordinances if the local government determines that the prohibition is necessary in the interest of public safety. This bill revises the above provision to, instead, authorize a personal delivery device to go up to 20 miles per hour in areas other than a pedestrian area. This bill removes a local government's ability to prohibit a personal delivery device by local resolution or ordinance, but does grant a local government the power to regulate them by local resolution or ordinance if the regulation is necessary, in the interest of public safety, and is not inconsistent with state law. REQUIREMENTS FOR OPERATION If a personal delivery device is being operated, present law requires the person or entity to adhere to all of the following requirements:  Yield or not obstruct the right-of-way to all other traffic, including pedestrians. Not unreasonably interfere with other traffic, including pedestrians. Be equipped with lighting on both the front and rear of the personal delivery device visible in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device if being operated between sunset and sunrise. Not transport certain hazardous materials. Be equipped with a marker that clearly states the name and contact information of the owner and a unique identification number. Be equipped with a braking system that enables the device to come to a controlled stop. Maintain an insurance policy that includes general liability coverage of not less than $100,000 for damages arising from the combined operations of personal delivery devices under a personal delivery device operator's control if operated by an entity. However, present law does not otherwise subject a personal delivery device, and any entity that operates a personal delivery device, to any requirements or laws applicable to motor vehicles, including financial responsibility, licensure, and laws relating to titling and registration. This bill grants a personal delivery device all of the rights, and subjects them to all of the duties, under present law that are applicable to a pedestrian when operated in a pedestrian area or a bicyclist when operated in all other areas, except as to those provisions that by their nature can have no application or that would place an unreasonable burden on the operation of the personal delivery device. "PERSONAL DELIVERY DEVICE" DEFINED Present law defines a "personal delivery device" as a device that is (i) solely powered by an electric motor, (ii) operated primarily on sidewalks and crosswalks, (iii) intended primarily for the transport of property on public rights-of-way, and (iv) capable of navigating with or without the active control or monitoring of a natural person. This bill rewrites the definition above to include devices that operate primarily on bicycle lanes or paths, shoulders, the area adjacent to the right-hand edge or curb of the roadway, parking lots, or a similar area.

Statutes affected:
Introduced: 55-8-101, 55-8-209(b), 55-8-209, 55-8-209(e)