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

     

     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:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

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VEHICLES" is hereby amended by adding thereto the following chapter:

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CHAPTER 19.6

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PERSONAL DELIVERY DEVICES

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     31-19.6-1. Definitions.

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     As used in this chapter:

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     (1) "Agent" means a director, officer, employee, or other person authorized to act on

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behalf of a corporation or association.

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     (2) "Business entity" means a legal entity, including, but not limited to, a corporation,

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partnership, or sole proprietorship, that is formed for the purpose of making a profit.

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     (3) "Mobile carrying device" means a device that:

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     (i) Transports cargo while remaining within twenty-five feet (25') of a human operator;

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and

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     (ii) Is equipped with technology that allows the operator to actively or remotely control

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the device.

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     (4) "Pedestrian area" means and includes a sidewalk, crosswalk, school crosswalk, school

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crossing zone, or safety zone.

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     (5) "Personal delivery device" means a device that:

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     (i) Is manufactured for transporting cargo and goods in a pedestrian area or

 

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supplementary areas as described in § 31-19.6-5.

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     (ii) Is equipped with automated driving technology, including software and hardware,

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that enables the operation of the device with the remote support and supervision of a human.

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     31-19.6-2. Applicable law.

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     (a) The operation of a personal delivery device or mobile carrying device shall be

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governed exclusively by the provisions of this chapter and any applicable regulation adopted by

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any local governmental agency, provided that any such regulation is not inconsistent with the

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provisions of this chapter.

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     (b) A personal delivery device or mobile carrying device as defined herein, shall not

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include a motor or other vehicle.

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     31-19.6-3. Operator or personal delivery device.

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     (a) A person may operate a personal delivery device if that person is a sole proprietor of a

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business entity as defined in § 31-19.6-1 or is an agent of a business entity and has the capability

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to monitor or exercise physical control over the navigation and operation of the device.

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     (b) Except as provided in subsection (c) of this section, when a personal delivery device

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is being operated by a business entity, the business entity shall be considered the operator of the

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device solely for the purpose of assessing compliance with applicable traffic laws.

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     (c) When a personal delivery device is being operated, any agent having control over the

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device that acts outside the scope of their employment or authority, shall be considered the

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operator of the device for purposes of assessing compliance with applicable traffic laws.

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     (d) A person shall not be considered the operator of a personal delivery device solely

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because the person:

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     (1) Requests a delivery or service provided by the device; or

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     (2) Dispatches the device.

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     31-19.6-4. Operator of mobile carrying device.

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     A person operating a mobile carrying device shall be considered to be the operator of the

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device for the purpose of assessing compliance with applicable traffic laws.

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     31-19.6-5. Device operation.

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     (a) A personal delivery device or mobile carrying device must:

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     (1) Be operated in a manner consistent with the provisions of this chapter;

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     (2) Yield the right-of-way to all other traffic and pedestrians and not otherwise obstruct,

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block or impede the flow of traffic or pedestrians;

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     (3) If operated after dusk, utilize and display sufficient lighting as required in § 31-19.6-

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7.

 

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     (4) Comply with all applicable regulations adopted by any local governmental agency

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that are not inconsistent with the provisions of this chapter;

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     (5) Not transport hazardous materials regulated under the Hazardous Materials

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Transportation Act (49 U.S.C. Section 5103) and that is required to be placarded under subpart F

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of C.F.R. Part 172; and,

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     (6) Be monitored or controlled pursuant to the provisions of this chapter.

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     31-19.6-6. Speeds of operation.

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     (a) A personal delivery device or mobile carrying device shall be operated at the

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following speeds:

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     (1) At a speed not to exceed twelve miles per hour (12 mph) in a pedestrian area; or

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     (2) At a speed not to exceed twenty miles per hour (20 mph) on a highway or other area

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not considered to be a pedestrian area.

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     31-19.6-7. Personal delivery device equipment.

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     (a) A personal delivery device operated under this chapter must:

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     (1) Be registered with the division of motor vehicles (DMV) on a form approved by the

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DMV, which shall assign an identification number to each such device;

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     (2) Be equipped with a sign, individually attached thereto or painted on the device, that

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clearly identifies the name, address and contact information of the entity and the identification

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number assigned by the DMV;

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     (3) Be equipped with a braking system that enables the device to come to a controlled

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stop.

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     (b) A personal delivery device must be equipped with lights at the front and rear of the

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device that are visible and recognizable under normal atmospheric conditions on all sides of the

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device for a distance of up to five hundred feet (500').

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     31-19.6-8. Mobile carrying device equipment.

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     A mobile carrying device operated under this chapter must be equipped with a braking

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system that enables the device to come to a controlled stop.

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     31-19.6-9. Local governmental regulation.

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     A local governmental authority may not promulgate any regulations that are inconsistent

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with the provisions of this chapter, including, but not limited to, the hours of operation or zones

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of operation of any personal delivery device or mobile carrying device; provided, however, that

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nothing contained in this section shall prohibit or limit any local governmental authority from

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enforcing the provisions of this chapter.

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     31-19.6-10. Insurance required.

 

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     Any business entity that owns or operates a personal delivery device or mobile carrying

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device shall maintain comprehensive liability insurance to include, but not be limited to, general

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liability coverage of not less than one hundred thousand dollars ($100,000) per person per

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accident for personal injury coverage and property damage coverage in an amount not less than

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one hundred thousand dollars ($100,000).

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     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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     This act would establish rules and regulations concerning the use and registration of

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personal delivery devices and mobile carrying devices.

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     This act would take effect upon passage.

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