Assigned to TRANSIT FOR
COMMITTEE
Assigned to TRANSIT FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
Purpose
Defines a personal delivery device (device) and creates regulations for the device.
Background
Statute outlines duties and permissions of a pedestrian, which include a person afoot or using an electric personal assistive mobility device or wheelchair. A pedestrian must adhere to traffic control signals at intersections and traffic control ordinances enacted by local authorities. If there is a sidewalk, a pedestrian is required to use it and walk on the right half of the sidewalk. Vehicles are required to yield the right-of-way to pedestrians at marked crosswalks and a pedestrian is prohibited from walking close enough to make it impossible for a vehicle to yield (A.R.S. Title 28, Chapter 3, Article 10).
There is no anticipated fiscal impact on the state General Fund associated with this legislation.
Provisions
1. Allows a local authority to adopt safety restrictions for devices on roads and highways under its jurisdiction.
2. Prohibits a person from operating a device on state- or locally-established nonmotorized trails and bicycle paths.
3. Requires a device to adhere to all the rights and duties applicable to pedestrians and to yield the right-of-way on crosswalks and sidewalks.
4. Prohibits a device from interfering with pedestrians or traffic.
5. Requires a device to:
a) obey all traffic and pedestrian control signs and devices;
b) have an identifying device number on a plate or marker that links the device to the operator; and
c) be equipped with a braking system.
6. Prohibits a device operator from:
a) operating a device on a public highway unless to cross a crosswalk;
b) operating a device on a crosswalk or sidewalk unless the operator is in physical control or monitoring the navigation or operation; and
c) using a device to transport hazardous materials.
7. Requires an eligible entity to maintain insurance with a minimum general liability coverage of $100,000 for damages arising from operation of the device.
8. Prohibits a person from operating a device without statutory authorization.
9. Requires a person to comply with all statutory device regulations and classifies a violation as a civil penalty of up to $500 per violation.
10. Exempts a device from motor vehicle registration and insurance requirements.
11. Defines a personal delivery device as an electronically powered device that:
a) is operated by an authorized operator primarily for transporting property;
b) has an unladen weight of 100 pounds or less;
c) has a maximum speed of 10 miles per hour; and
d) can be operated with or without active control of a natural person.
12. Defines an eligible entity as a corporation, partnership, association, firm, sole proprietorship or other entity engaged in business.
13. Defines a personal delivery device operator as an eligible entity, or its agent, that exercises direct physical control over or monitors the navigation and operation of a personal delivery device, and specifies that it is not a person who requests a delivery by a device or who arranges and dispatches a device for delivery.
14. Excludes a personal delivery device from being defined as a motor vehicle and vehicle.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
House Action
TI 2/7/18 DP 8-0-0-0
3rd Read 2/15/18 52-7-1
Prepared by Senate Research
February 23, 2018
KN/CU/lb