2020 -- S 2772 | |
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LC004409 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- PERSONAL DELIVERY DEVICES | |
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Introduced By: Senators DiPalma, Lombardi, Archambault, McKenney, and Coyne | |
Date Introduced: March 12, 2020 | |
Referred To: Senate Commerce | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER |
2 | VEHICLES" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 19.6 |
4 | PERSONAL DELIVERY DEVICES |
5 | 31-19.6-1. Definitions. |
6 | As used in this chapter: |
7 | (1) "Agent" means a director, officer, employee, or other person authorized to act on |
8 | behalf of a corporation or association. |
9 | (2) "Business entity" means a legal entity, including, but not limited to, a corporation, |
10 | partnership, or sole proprietorship, that is formed for the purpose of making a profit. |
11 | (3) "Mobile carrying device" means a device that: |
12 | (i) Transports cargo while remaining within twenty-five feet (25') of a human operator; |
13 | and |
14 | (ii) Is equipped with technology that allows the operator to actively or remotely control |
15 | the device. |
16 | (4) "Pedestrian area" means and includes a sidewalk, crosswalk, school crosswalk, school |
17 | crossing zone, or safety zone. |
18 | (5) "Personal delivery device" means a device that: |
19 | (i) Is manufactured for transporting cargo and goods in a pedestrian area or |
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1 | supplementary areas as described in § 31-19.6-5. |
2 | (ii) Is equipped with automated driving technology, including software and hardware, |
3 | that enables the operation of the device with the remote support and supervision of a human. |
4 | 31-19.6-2. Applicable law. |
5 | (a) The operation of a personal delivery device or mobile carrying device shall be |
6 | governed exclusively by the provisions of this chapter and any applicable regulation adopted by |
7 | any local governmental agency, provided that any such regulation is not inconsistent with the |
8 | provisions of this chapter. |
9 | (b) A personal delivery device or mobile carrying device as defined herein, shall not |
10 | include a motor or other vehicle. |
11 | 31-19.6-3. Operator or personal delivery device. |
12 | (a) A person may operate a personal delivery device if that person is a sole proprietor of a |
13 | business entity as defined in § 31-19.6-1 or is an agent of a business entity and has the capability |
14 | to monitor or exercise physical control over the navigation and operation of the device. |
15 | (b) Except as provided in subsection (c) of this section, when a personal delivery device |
16 | is being operated by a business entity, the business entity shall be considered the operator of the |
17 | device solely for the purpose of assessing compliance with applicable traffic laws. |
18 | (c) When a personal delivery device is being operated, any agent having control over the |
19 | device that acts outside the scope of their employment or authority, shall be considered the |
20 | operator of the device for purposes of assessing compliance with applicable traffic laws. |
21 | (d) A person shall not be considered the operator of a personal delivery device solely |
22 | because the person: |
23 | (1) Requests a delivery or service provided by the device; or |
24 | (2) Dispatches the device. |
25 | 31-19.6-4. Operator of mobile carrying device. |
26 | A person operating a mobile carrying device shall be considered to be the operator of the |
27 | device for the purpose of assessing compliance with applicable traffic laws. |
28 | 31-19.6-5. Device operation. |
29 | (a) A personal delivery device or mobile carrying device must: |
30 | (1) Be operated in a manner consistent with the provisions of this chapter; |
31 | (2) Yield the right-of-way to all other traffic and pedestrians and not otherwise obstruct, |
32 | block or impede the flow of traffic or pedestrians; |
33 | (3) If operated after dusk, utilize and display sufficient lighting as required in § 31-19.6- |
34 | 7. |
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1 | (4) Comply with all applicable regulations adopted by any local governmental agency |
2 | that are not inconsistent with the provisions of this chapter; |
3 | (5) Not transport hazardous materials regulated under the Hazardous Materials |
4 | Transportation Act (49 U.S.C. Section 5103) and that is required to be placarded under subpart F |
5 | of C.F.R. Part 172; and, |
6 | (6) Be monitored or controlled pursuant to the provisions of this chapter. |
7 | 31-19.6-6. Speeds of operation. |
8 | (a) A personal delivery device or mobile carrying device shall be operated at the |
9 | following speeds: |
10 | (1) At a speed not to exceed twelve miles per hour (12 mph) in a pedestrian area; or |
11 | (2) At a speed not to exceed twenty miles per hour (20 mph) on a highway or other area |
12 | not considered to be a pedestrian area. |
13 | 31-19.6-7. Personal delivery device equipment. |
14 | (a) A personal delivery device operated under this chapter must: |
15 | (1) Be registered with the division of motor vehicles (DMV) on a form approved by the |
16 | DMV, which shall assign an identification number to each such device; |
17 | (2) Be equipped with a sign, individually attached thereto or painted on the device, that |
18 | clearly identifies the name, address and contact information of the entity and the identification |
19 | number assigned by the DMV; |
20 | (3) Be equipped with a braking system that enables the device to come to a controlled |
21 | stop. |
22 | (b) A personal delivery device must be equipped with lights at the front and rear of the |
23 | device that are visible and recognizable under normal atmospheric conditions on all sides of the |
24 | device for a distance of up to five hundred feet (500'). |
25 | 31-19.6-8. Mobile carrying device equipment. |
26 | A mobile carrying device operated under this chapter must be equipped with a braking |
27 | system that enables the device to come to a controlled stop. |
28 | 31-19.6-9. Local governmental regulation. |
29 | A local governmental authority may not promulgate any regulations that are inconsistent |
30 | with the provisions of this chapter, including, but not limited to, the hours of operation or zones |
31 | of operation of any personal delivery device or mobile carrying device; provided, however, that |
32 | nothing contained in this section shall prohibit or limit any local governmental authority from |
33 | enforcing the provisions of this chapter. |
34 | 31-19.6-10. Insurance required. |
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1 | Any business entity that owns or operates a personal delivery device or mobile carrying |
2 | device shall maintain comprehensive liability insurance to include, but not be limited to, general |
3 | liability coverage of not less than one hundred thousand dollars ($100,000) per person per |
4 | accident for personal injury coverage and property damage coverage in an amount not less than |
5 | one hundred thousand dollars ($100,000). |
6 | SECTION 2. This act shall take effect upon passage. |
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LC004409 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- PERSONAL DELIVERY DEVICES | |
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1 | This act would establish rules and regulations concerning the use and registration of |
2 | personal delivery devices and mobile carrying devices. |
3 | This act would take effect upon passage. |
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LC004409 | |
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