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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
Senate: TPS 5-0-3-0 ׀ 3rd Read 29-0-1-0House: TECH DP 6-1-0-0 | 3rd Read 31-29-0-0 |
SB 1305: personal delivery devices
Sponsor: Senator Livingston, LD 22
Transmitted to Governor
Overview
Establishes, beginning September 1, 2020, laws governing the operation of a personal delivery device (Device).
History
Laws 2018, Chapter 306 established regulations for a Device, until September 1, 2020. A Device is used to transport property primarily on sidewalks and within crosswalks. The Device is required to be equipped with: 1) technology to allow for the operation of the device with or without the active control or monitoring of a natural person; and 2) a braking system that when active or engaged enables the personal delivery device to come to a controlled stop. Additionally, the legislation allowed local authorities to adopt reasonable restrictions for the safe operation of a Device.
Provisions
Personal Delivery Devices (Sec. 4)
1. 
Redefines personal delivery device
as a device that is:
a) Manufactured for transporting cargo and goods within a described area; and
b) Equipped with automated driving technology, including software and hardware, that enables the operation of the device with the remote support and supervision of a human. (Sec. 1, 2)
2. Outlines the applicability of laws of a Device.
3. Permits a person to operate a Device only if the person is:
a) A business entity; and
b) An agent of the business entity who is capable of monitoring or exercising physical control over the navigation and operation of the Device.
4. Specifies the business entity is the operator of the personal delivery device solely for the purpose of assessing compliance with applicable traffic laws when a Device is operated by a business entity is engaged.
5. Specifies the agent of the business is the operator of the Device when the agent controls the Device in a manner that is outside the scope of the agent's office or employment.
6. Asserts a person is not the operator of a Device solely because the person either:
a) Requests a delivery or service provided by the Device; or
b) Dispatches the Device.
7. Outlines the requirements and regulations for a Device operation.
8. Limits the Device speed as follows:
a) Up to 12 miles per hour in a pedestrian area; and
b) Up to 20 miles per hour on the side or shoulder of a highway in an area that is not a pedestrian area.
9. Permits a local authority to establish a minimum/maximum speed of 7 to 12 miles per hour in a pedestrian area.
10. Requires a Device to be equipped with:
a) A marker that clearly states the name and contact information of the owner and a unique identification number;
b) A braking system that enables the device to come to a controlled stop; and
c) Specified type of lights on the front and rear of the Device, if operated at nighttime.
11. Prohibits a local authority from regulating the operation of a Device on a highway or in a pedestrian area in a manner that is inconsistent with this Act. This prohibition does not:
a) Affect the authority of a peace officer to enforce the laws relating to the operation of a Device; and
b) Prevent a local authority from prohibiting a Device in an area or during certain hours to protect public health and safety.
12. Mandates a business entity to maintain an insurance policy on a Device including general liability coverage of at least $100,000 for damages arising from the operation of the Device.
Miscellaneous
13. Excludes a personal mobile cargo carrying device from the definition of Device. (Sec. 1, 2)
14. Excludes a Device from the definition of motor vehicle. (Sec. 1, 2)
15. Defines pertinent terms. (Sec. 4)
16. Becomes effective on September 1, 2020. (Sec. 5)
17. Makes technical and conforming changes. (Sec. 3, 6)
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21. SB 1305
22. Initials PRB Page 0 Transmitted
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