Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 277 First Substitute (2020GS)

Sponsor

Rep. Barlow, S.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• provides for operation parameters for a personal delivery device both in a pedestrian area and on a highway;
• allows certain local regulation of personal delivery devices; and
• makes technical changes.

Every vote on this bill

Bill text

PERSONAL DELIVERY DEVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stewart E. Barlow
Senate Sponsor: 
Karen Mayne
LONG TITLE
General Description:
This bill amends provisions related to personal delivery devices.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ provides for operation parameters for a personal delivery device both in a pedestrian
area and on a highway;
▸ allows certain local regulation of personal delivery devices; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-1119
, as last amended by Laws of Utah 2019, Chapter 391
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-1119
 is amended to read:
41-6a-1119.
Personal delivery device.
(1) As used in this section:
(a) "Eligible entity" means a corporation, partnership, association, firm, sole
proprietorship, or other entity engaged in 
a
 business[
.
] 
that includes the operation of a personal
delivery device.
[
(b) "Hazardous material" means any substance defined, regulated, or listed as a
hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant,
or toxic substance, or identified as hazardous to human health or the environment, under state
or federal law or regulation.
]
(b) "Main-traveled way" means the same as that term is defined in Section 
72-7-502
.
(c) "Pedestrian area" means a sidewalk, crosswalk, school crosswalk, school crossing
zone, or safety zone.
[
(c)
] 
(d)
 (i) "Personal delivery device" means an electrically powered device to which
all of the following apply:
(A) the device is [
intended primarily to transport property on a sidewalk or crosswalk;
]
manufactured for transporting cargo and goods; and
[
(B) the device weighs less than 150 pounds excluding any property being carried in
the device, except that a local highway authority may allow a device within the local highway
authority's jurisdiction to exceed this weight limit through a local permit or local ordinance;
]
[
(C) the device has a maximum speed of 10 miles per hour; and
]
[
(D)
] 
(B)
 the device is equipped with 
automated driving
 technology
, including
hardware and software,
 that enables the operation of the device with or without active control
or monitoring by a person.
(ii) A mobile carrier as defined in Section 
41-6a-1120
 is not a personal delivery device.
(iii) "Personal delivery device" does not include:
(A) a motor vehicle; or
(B) an ADS-dedicated vehicle as that term is defined in Section 
41-26-102.1
.
[
(d)
] 
(e)
 (i) "Personal delivery device operator" means an employee or agent of an
eligible entity who exercises active physical control over, or monitoring of, the navigation and
operation of a personal delivery device.
(ii) "Personal delivery device operator" does not include:
(A) with respect to a delivery or other service rendered by a personal delivery device,
the person who requests the delivery or service; or
(B) a person who only arranges for and dispatches a personal delivery device for a
delivery or other service.
(2) An eligible entity may operate a personal delivery device [
on a sidewalk or
crosswalk
] so long as all of the following requirements are met:
[
(a) the personal delivery device is operated in accordance with the local ordinances, if
any, established by the local highway authority governing where the personal delivery device is
operated;
]
[
(b) a personal delivery device operator is actively controlling or monitoring the
navigation and operation of the personal delivery device;
]
(a) the personal delivery device is operated at a maximum speed of:
(i) 10 miles per hour when in a pedestrian area; or
(ii) 20 miles per hour on a highway in an area that is not a pedestrian area;
[
(c)
] 
(b)
 the eligible entity maintains an insurance policy that includes general liability
coverage of not less than $100,000 for damages arising from the operation of the personal
delivery device by the eligible entity and any agent of the eligible entity; and
[
(d)
] 
(c)
 the personal delivery device is equipped with all of the following:
(i) a marker that clearly identifies the name and contact information of the eligible
entity operating the personal delivery device and a unique identification number;
(ii) a braking system that enables the personal delivery device to come to a controlled
stop; and
(iii) if the personal delivery device is being operated between sunset and sunrise, a light
on both the front and rear of the personal delivery device that is visible on all sides of the
personal delivery device in clear weather from a distance of at least 500 feet to the front and
rear of the personal delivery device when directly in front of low beams of headlights on a
motor vehicle.
(3) A personal delivery device operator may not allow a personal delivery device to do
any of the following:
(a) fail to comply with traffic or pedestrian control devices and signals;
(b) unreasonably interfere with pedestrians or traffic; 
or
(c) transport hazardous material[
; or
] 
that is:
[
(d) operate on a street or highway, except when crossing the street or highway within a
crosswalk.
]
(i) regulated under 49 U.S.C. Chapter 51, Transportation of Hazardous Material; and
(ii) required to be placarded under 49 C.F.R., Part 172, Subpart F, Placarding.
(4) (a) When operating on a highway, the personal delivery device:
(i) shall operate as close as practicable to the edge of the highway in the direction of
authorized traffic movement; and
(ii) except as provided in Subsection (4)(b), may not travel in the main-traveled way.
(b) Notwithstanding Subsection (4)(a), a personal delivery device:
(i) if practical and with due regard for safety and traffic conditions may temporarily
operate in the main-traveled way to avoid a parked car or other obstacle on the edge of the
highway; and
(ii) shall return to the edge of the highway as described in Subsection (4)(a) as soon as
conditions allow.
(c) Notwithstanding Subsections (4)(a) and (b), a personal delivery device may not
operate on a:
(i) highway with a speed limit of 45 miles per hour or higher; or
(ii) limited access highway.
[
(4)
] 
(5)
 A personal delivery device has the rights and obligations applicable to a
pedestrian under the same circumstances, except that a personal delivery device shall yield the
right-of-way to a pedestrian [
on a sidewalk or crosswalk
].
[
(5)
] 
(6)
 A person may not operate a personal delivery device unless the person
complies with this section.
[
(6)
] 
(7)
 An eligible entity is responsible for both of the following:
(a) a violation of this section that is committed by a personal delivery device operator
operated for the benefit of the eligible entity; and
(b) any other circumstance, including a technological malfunction, in which a personal
delivery device operates in a manner prohibited by Subsection (3).
(8) (a) Following discussions with and input from eligible entities, a local authority or
political subdivision may reasonably regulate the operation of personal delivery devices on a
highway or pedestrian area.
(b) This section does not affect the authority of a peace officer of a local authority or
political subdivision to enforce the laws of this state relating to the operation of a personal
delivery device.
[
(7)
] 
(9)
 A violation of this section is an infraction.