Assigned to TRANSIT AS
PASSED BY CONFERENCE COMMITTEE
Assigned to TRANSIT AS
PASSED BY CONFERENCE COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
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, until September 1, 2020, a local authority to adopt safety restrictions for devices on roads and highways under its jurisdiction.
2. 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.
3. Allows a device to operate as far right as practicable on a sidewalk, within a marked crosswalk or within an unmarked crosswalk at an intersection with a posted maximum speed limit of 25 miles per hour.
4. Stipulates that a device has all the applicable rights and duties of pedestrians.
5. Requires an owner and operator of a device to maintain an insurance policy with a minimum $100,000 general liability coverage.
6. Exempts a device from motor vehicle registration and insurance requirements.
7. Defines a personal delivery device as an electronically powered device that:
a) is operated primarily on sidewalks and within crosswalks;
b) weighs less than 200 pounds, excluding cargo;
c) has a maximum speed of seven miles per hour;
d) can be operated with or without active control of a natural person; and
e) is equipped with a braking system.
8. Allows a local authority to adopt restrictions that allow:
a) an excess weight of 200 pounds;
b) a greater operating speed than seven miles per hour; and
c) a device owner or operator to maintain an insurance policy.
9. Excludes a personal delivery device from the definition of a motor vehicle and vehicle.
10. Repeals the regulation and definition of a personal delivery device on September 1, 2020.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Eliminates prescribed device and operation requirements.
2. Allows a local authority to determine an alternative maximum speed at which the device may operate.
3. Eliminates language prohibiting devices from operating on state- or locally-established nonmotorized trails or bicycle paths.
4. Exempts a device from being prohibited on sidewalks.
5. Adds roadways to areas where a device is permitted to operate.
6. Eliminates and modifies defined terms.
7. Makes technical and conforming changes.
Amendments Adopted by Conference Committee
1. Sunsets regulation of personal delivery devices on September 1, 2020.
2. Modifies the areas where a device may operate.
3. Modifies the weight and operating speed restrictions, and includes the requirement for a braking system in the definition.
4. Authorizes a local authority to allow alternate restrictions for device weight, operating speed and required insurance coverage.
5. Makes conforming changes.
House Action Senate Action
TI 2/7/18 DP 8-0-0-0 TRANSIT 2/27/18 DPA 7-0-0
3rd Read 2/15/18 52-7-1 3rd Read 3/28/18 20-10-0
Prepared by Senate Research
April 12, 2018
KN/CU/lb