§ 41-6a-1119 — Personal delivery device.

(1) As used in this section:

(1)(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.
(1)(b) "Main-traveled way" means the same as that term is defined in Section 72-7-502.
(1)(c) "Pedestrian area" means a sidewalk, crosswalk, school crosswalk, school crossing zone, or safety zone.
(1)(d) (1)(d)(i) "Personal delivery device" means an electrically powered device to which all of the following apply:

(1)(d)(i)(A) the device is manufactured for transporting cargo and goods; and
(1)(d)(i)(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.
(1)(d)(ii) A mobile carrier as defined in Section 41-6a-1120 is not a personal delivery device.
(1)(d)(iii) "Personal delivery device" does not include:

(1)(d)(iii)(A) a motor vehicle; or
(1)(d)(iii)(B) an ADS-dedicated vehicle as that term is defined in Section 41-26-102.1.
(1)(e) (1)(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.
(1)(e)(ii) "Personal delivery device operator" does not include:

(1)(e)(ii)(A) with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or
(1)(e)(ii)(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 so long as all of the following requirements are met:

(2)(a) the personal delivery device is operated at a maximum speed of:
(2)(a)(i) 10 miles per hour when in a pedestrian area; or
(2)(a)(ii) 20 miles per hour on a highway in an area that is not a pedestrian area;
(2)(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
(2)(c) the personal delivery device is equipped with all of the following:
(2)(c)(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;
(2)(c)(ii) a braking system that enables the personal delivery device to come to a controlled stop; and
(2)(c)(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:

(3)(a) fail to comply with traffic or pedestrian control devices and signals;
(3)(b) unreasonably interfere with pedestrians or traffic; or
(3)(c) transport hazardous material that is:
(3)(c)(i) regulated under 49 U.S.C. Chapter 51, Transportation of Hazardous Material; and
(3)(c)(ii) required to be placarded under 49 C.F.R., Part 172, Subpart F, Placarding.
(4) (4)(a) When operating on a highway, the personal delivery device:
(4)(a)(i) shall operate as close as practicable to the edge of the highway in the direction of authorized traffic movement; and
(4)(a)(ii) except as provided in Subsection (4)(b), may not travel in the main-traveled way.
(4)(b) Notwithstanding Subsection (4)(a), a personal delivery device:
(4)(b)(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
(4)(b)(ii) shall return to the edge of the highway as described in Subsection (4)(a) as soon as conditions allow.
(4)(c) Notwithstanding Subsections (4)(a) and (b), a personal delivery device may not operate on a:
(4)(c)(i) highway with a speed limit of 45 miles per hour or higher; or
(4)(c)(ii) limited access highway.
(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.
(6) A person may not operate a personal delivery device unless the person complies with this section.
(7) An eligible entity is responsible for both of the following:

(7)(a) a violation of this section that is committed by a personal delivery device operator operated for the benefit of the eligible entity; and
(7)(b) any other circumstance, including a technological malfunction, in which a personal delivery device operates in a manner prohibited by Subsection (3).
(8) (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.
(8)(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.
(9) A violation of this section is an infraction.

Legislative History

Amended by Chapter 106, 2020 General Session