SB 726
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 726 (Senator Feldman, et al.)
Judicial Proceedings Environment and Transportation
Vehicle Laws - Personal Delivery Devices - Standards and Requirements
This bill authorizes a “personal delivery device” (PDD) to generally operate on any
roadway, sidewalk, shoulder, footpath, bicycle trail, or crosswalk in the State. The bill
excludes such devices from the definition of “motor vehicle” and “vehicle” (thereby also
exempting PDDs from any associated registration requirements) and establishes various
other standards and requirements that must be adhered to by PDDs operating under the
bill’s various authorizations. The bill also requires the Motor Vehicle Administration
(MVA) to develop a pilot process for authorizing the operation of PDDs and to report on
its status and findings by December 31, 2021. The bill generally takes effect July 1, 2022;
however, MVA must begin developing the pilot process on July 1, 2021.
Fiscal Summary
State Effect: MVA can handle the bill’s requirements with existing resources.
Transportation Trust Fund revenues are not affected.
Local Effect: The bill is not anticipated to materially affect local government finances or
operations.
Small Business Effect: Potential meaningful.
Analysis
Bill Summary: The bill defines a “personal delivery device” as a powered device that:
is operated primarily on shoulders, sidewalks, and crosswalks;
is intended for the transport of property on public rights-of-way;
weighs at most 550 pounds (excluding cargo); and
is capable of navigating with or without the active control or monitoring of an
individual.
The bill prohibits a PDD from:
unreasonably interfering with traffic;
blocking public rights-of-way;
transporting hazardous materials regulated under the Hazardous Materials Transport
Act (and required to be placarded under federal regulations); or
operating on a sidewalk or crosswalk at a speed exceeding 7 miles per hour.
A PDD operated on any roadway, sidewalk, shoulder, or crosswalk in the State must:
be visibly marked with a unique identifying number;
be visibly marked with a means of identifying the device operator;
if the device operator is acting on behalf of a corporate entity, be visibly marked
with contact information for that entity;
be equipped with a system that enables the device to come to a controlled stop;
be covered by (1) an insurance policy that provides general liability coverage of at
least $100,000 for damages or (2) another form of security acceptable to MVA that
adequately provides the required coverage;
be equipped with lighting devices as required by MVA after consultation with
industry stakeholders;
obey all traffic and pedestrian control devices; and
be subject to municipal or county permitting requirements, where applicable.
Any information required to be visibly marked on a PDD must also be marked in braille
lettering.
Emergency Response Plan
Prior to beginning operations in the State, each operator of a PDD must file an emergency
response plan with MVA designed to inform first responders about the PDD, including
information on its equipment and attributes and on how to deal with the PDD when it is
encountered on public rights-of-way. After consultation with industry stakeholders, MVA
may adopt policies outlining what must be included in such a plan. In addition, MVA is
responsible for making each plan it has on file available to the appropriate first responder
agencies of the State.
SB 726/ Page 2
Notification to Local Governments
An operator of a PDD must notify the governing body of each county and municipality
within which the operator intends to operate the PDD at least 30 days before beginning
operations in the county or municipality. Additionally, a PDD operator must comply with
all local ordinances, regulations, and rules of each county and municipality for which the
operator provides notice of its intent to operate.
Applicability of Traffic Control Signals and Rules Related to Operating on a Highway and
Certain Roadways
Under the bill, a PDD must obey certain traffic control signals (i.e., traffic lights with
steady indication and pedestrian control signals) at an intersection. However, at any other
place, a person using a PDD has the rights (and is subject to the restrictions applicable to)
pedestrians, as specified.
The bill also specifies that, with limited exceptions, provisions of State law that are
applicable to bicycles apply whenever a PDD is operated on any highway.
The bill prohibits a PDD from traveling on any roadway where there are sidewalks or a
shoulder adjacent to the roadway or the posted maximum speed limit is more than 35 miles
per hour.
Pilot Process for Authorizing Operation of Personal Delivery Devices
The bill requires MVA to develop a pilot process for authorizing the operation of PDDs,
as specified, by October 1, 2021, and to actively engage stakeholders and consider their
input in the development and implementation of the pilot process. MVA must report to
specified committees of the General Assembly on the status and findings of the pilot
process by December 31, 2021.
Current Law:
Use of Footpaths and Bicycle Trails
Unless the State Highway Administration or appropriate local government specifically
approves other uses, footpaths and bicycle trails may generally be used only by:
pedestrians;
nonmotorized vehicles; and
electric personal assistive mobility devices (EPAMDs).
SB 726/ Page 3
Vehicles Subject to Registration
Each motor vehicle, trailer, semitrailer, and pole trailer driven on a highway must be
registered. Certain motor vehicles (e.g., snowmobiles and golf carts in various locations
throughout the State) are exempt from this requirement.
“Motor vehicle” is defined as a vehicle that, unless otherwise specifically exempted, is
self-propelled or propelled by electric power obtained from overhead electrical wires and
not operated on rails.
“Vehicle” is defined as any device in, on, or by which any individual or property is (or
might be) transported or towed on a highway. “Vehicle” includes a low-speed vehicle and
an off-highway recreational vehicle, but it does not include an electric personal assistive
mobility device.
Certain vehicles, such as low-speed vehicles, bicycles, and motor scooters, are restricted
to certain highways based on the maximum posted speed limit; they may be subject to
different rules of the road than passenger cars and trucks.
Applicability of Traffic Regulations to EPAMDs
At an intersection, a person using an EPAMD is subject to all traffic control signals, as
required under certain provisions of State law. However, at any other place, a person using
an EPAMD has the rights (and is subject to) the restrictions applicable to pedestrians.
Riding Bicycles on Roadways or Highways
With certain exceptions, requirements of State law related to the operation of bicycles and
play vehicles apply whenever a bicycle, an EPAMD, or a motor scooter is operated on any
highway or whenever a bicycle or an EPAMD is operated on any path set aside for the
exclusive use of bicycles.
Small Business Effect: Any small businesses in the State that choose to operate PDDs
pursuant to the bill’s authorization may benefit, as the bill provides a new means of
delivering goods to consumers. The extent to which small businesses in the State may
utilize the bill’s authorization cannot be determined at this time, however.
Additional Information
Prior Introductions: SB 874 of 2020, a similar bill, received a hearing in the Senate
Judicial Proceedings Committee, but no further action was taken. Its cross file, HB 1483,
SB 726/ Page 4
received a hearing in the House Environment and Transportation Committee, but no further
action was taken.
Designated Cross File: HB 595 (Delegate Fraser-Hidalgo) - Environment and
Transportation.
Information Source(s): Maryland Department of Transportation; Maryland Insurance
Administration; Department of Legislative Services
Fiscal Note History: First Reader - March 2, 2021
rh/ljm Third Reader - April 5, 2021
Revised - Amendment(s) - April 5, 2021
Enrolled - May 7, 2021
Revised - Amendment(s) - May 7, 2021
Analysis by: Eric F. Pierce Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 726/ Page 5
Statutes affected: Text - First - Vehicle Laws - Personal Delivery Devices - Standards and Requirements: 11-135 Transportation, 11-176 Transportation, 13-402 Transportation, 21-104.5 Transportation
Text - Third - Vehicle Laws - Personal Delivery Devices - Standards and Requirements: 21-501.1 Transportation, 8-409 Transportation, 11-135 Transportation, 11-176 Transportation, 13-402 Transportation, 17-103 Transportation, 21-104.5 Transportation, 21-501.1 Transportation, 21-1201 Transportation, 21-1205.1 Transportation
Text - Enrolled - Vehicle Laws - Personal Delivery Devices - Standards and Requirements: 21-501.1 Transportation, 8-409 Transportation, 21-101 Transportation, 21-104.5 Transportation, 11-135 Transportation, 11-176 Transportation, 13-402 Transportation, 21-104.5 Transportation, 17-103 Transportation, 21-104.5 Transportation, 21-501.1 Transportation, 21-1201 Transportation, 21-1205.1 Transportation