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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
personal delivery devices
Purpose
Effective September 1, 2020, expands the definition of personal delivery device and establishes regulations relating to operation, insurance and local authority.
Background
Current statute
defines a personal delivery device as an electronically powered device
that is operated primarily on sidewalks and within crosswalks and that is designed
to transport property. The personal delivery device: 1) must weigh less than
200 pounds, excluding cargo; 2) must be equipped with a braking system that
allows the device to come to a full stop; and 3) cannot exceed a speed of 7
miles per hour (mph) unless otherwise authorized by local authority (A.R.S.
§ 28-101).
Statute defines a personal mobile cargo carrying device as an electronically powered device that is operated primarily on sidewalks and within crosswalks and that is designed to transport property. The personal mobile cargo carrying device: 1) must weigh less than 80 pounds, excluding cargo; 2) must be equipped with a braking system that allows a device to come to a full stop; 3) cannot exceed a speed of 12 mph; and 4) must be equipped with technology to transport personal property with the active monitoring of a property owner while staying within 25 feet of that property owner (A.R.S. § 28-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Replaces the current statutory definition of a personal delivery device (device) as a device that is:
a) manufactured for transporting cargo and goods in either a pedestrian area or on a highway in an area that is not a pedestrian area;
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; and
c) not a personal mobile cargo carrying device.
2. Allows a device to be operated at speeds up to 12 mph in a pedestrian area and not more than 20 mph on a highway in an area that is not a pedestrian area.
3. Allows a person to operate a device if the person is:
a) a business entity; and
b) an agent of a business entity who is capable of monitoring or exercising physical control over the navigation and operation of the device.
4. Specifies that when a device is engaged and operated by a business entity, the business entity is considered the operator of the device solely for the purpose of assessing compliance with applicable traffic laws.
5. Specifies that when an agent of a business entity operates a device outside the scope of the agent's office or employment, the agent is considered the operator of the device.
6. Specifies that a person is not the operator of a device solely when the person:
a) requests a delivery or service provided by the device; or
b) dispatches the device.
7. Requires a device to:
a) operate in a manner that complies with state laws that apply to pedestrians, except those provisions that by their nature can have no application;
b) yield to right-of-way and not obstruct the right-of-way of all other traffic, including pedestrians;
c) not unreasonably interfere with other traffic, including pedestrians;
d) display required light equipment if operated at nighttime;
e) comply with any applicable regulation that are adopted by local authority;
f) not transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 and be placarded under federal regulations; and
g) be monitored or controlled to ensure the device is not unreasonably interfering with traffic, including pedestrians.
8. 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; and
b) a braking system that enables the device to come to a controlled stop.
9. Requires that a device operated at nighttime be equipped with lights on the front and rear that are visible and recognizable under normal atmospheric conditions on all sides of the device from 1 foot to 500 feet from the device.
10. Requires a business entity that operates a device to maintain an insurance policy that includes general liability coverage of at least $100,000 for damages arising from the operation of the device.
11. Specifies that the operation of a device is governed exclusively by state laws relating to devices and any applicable regulation that is adopted by a local authority and is consistent with state law relating to devices.
12. Specifies that a device that is operated in compliance with state laws relating to devices is not a vehicle.
13. Prohibits a local authority from regulating the operation of a device on a highway or in a pedestrian area in a manner inconsistent with state law relating to devices, including limiting the hours or zones of operation.
14. Specifies that a local peace officer's authority is not affected when enforcing the laws of Arizona relating to the operation of a device.
15. Defines agent as a director, officer, employee or other person who is authorized to act on behalf of a business entity.
16. Defines business entity as a legal entity, including a corporation, partnership or sole proprietorship, that is formed for the purpose of making a profit.
17. Defines pedestrian area as a sidewalk, crosswalk, school crosswalk, school crossing zone or safety zone.
18. Contains a technical conditional enactment clause.
19. Makes technical changes.
20. Becomes effective on September 1, 2020.
Prepared by Senate Research
February 10, 2020
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