2022 -- H 7433

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LC004567

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PERSONAL DELIVERY DEVICES

     Introduced By: Representative Patricia A. Serpa

     Date Introduced: February 11, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

is hereby amended by adding thereto the following chapter:

CHAPTER 19.6

PERSONAL DELIVERY DEVICES

     31-19.6-1. Definitions.

     As used in this chapter:

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

of a corporation or association.

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

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

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

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

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

device.

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

crossing zone, or safety zone.

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

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

areas as described in § 31-19.6-5;

     (ii) Is 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.

     31-19.6-2. Applicable law.

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

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

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

this chapter.

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

include a motor or other vehicle.

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

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

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

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

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

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

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

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

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

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

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

because the person:

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

     (2) Dispatches the device.

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

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

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

     31-19.6-5. Device operation.

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

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

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

block or impede the flow of traffic or pedestrians;

     (3) If operated after dusk, utilize and display sufficient lighting as required in § 31-19.6-7;

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

are not inconsistent with the provisions of this chapter;

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

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

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

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

     31-19.6-6. Speeds of operation.

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

speeds:

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

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

not considered to be a pedestrian area.

     31-19.6-7. Personal delivery device equipment.

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

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

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

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

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

number assigned by the DMV;

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

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

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

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

     31-19.6-8. Local governmental regulation.

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

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

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

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

enforcing the provisions of this chapter.

     31-19.6-9. Insurance required.

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

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

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

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

thousand dollars ($100,000).

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     SECTION 2. This act shall take effect upon passage.

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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 define mobile carrying device as any device that transports cargo within

twenty-five feet (25') of the operator and is equipped with technology that permits the operator to

control the device remotely. It would also define personal delivery device as a device that is

manufactured for transporting cargo and goods in a pedestrian area and sets a safety regulation

requiring braking devices and maximum speeds.

     This act would take effect upon passage.

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