2022 -- S 2273 | |
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LC003919 | |
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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 | |
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Introduced By: Senators DiPalma, Seveney, Lombardo, Burke, Coyne, and Rogers | |
Date Introduced: February 15, 2022 | |
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 VEHICLES" |
2 | 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 behalf |
8 | 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; and |
13 | (ii) Is equipped with technology that allows the operator to actively or remotely control the |
14 | device. |
15 | (4) "Pedestrian area" means and includes a sidewalk, crosswalk, school crosswalk, school |
16 | crossing zone, or safety zone. |
17 | (5) "Personal delivery device" means a device that: |
18 | (i) Is manufactured for transporting cargo and goods in a pedestrian area or supplementary |
19 | areas as described in § 31-19.6-5; and |
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1 | (ii) Is equipped with automated driving technology, including software and hardware, that |
2 | enables the operation of the device with the remote support and supervision of a human. |
3 | 31-19.6-2. Applicable law. |
4 | (a) The operation of a personal delivery device or mobile carrying device shall be governed |
5 | exclusively by the provisions of this chapter and any applicable regulation adopted by any local |
6 | governmental agency, provided that any such regulation is not inconsistent with the provisions of |
7 | this chapter. |
8 | (b) A personal delivery device or mobile carrying device, as defined in § 31-19.6-1, shall |
9 | not include a motor or other vehicle. |
10 | 31-19.6-3. Operator of personal delivery device. |
11 | (a) A person may operate a personal delivery device if that person is a sole proprietor of a |
12 | business entity as defined in § 31-19.6-1 or is an agent of a business entity and has the capability |
13 | to monitor or exercise physical control over the navigation and operation of the device. |
14 | (b) Except as provided in subsection (c) of this section, when a personal delivery device is |
15 | being operated by a business entity, the business entity shall be considered the operator of the |
16 | device solely for the purpose of assessing compliance with applicable traffic laws. |
17 | (c) When a personal delivery device is being operated, any agent having control over the |
18 | device that acts outside the scope of their employment or authority, shall be considered the operator |
19 | of the device for purposes of assessing compliance with applicable traffic laws. |
20 | (d) A person shall not be considered the operator of a personal delivery device solely |
21 | because the person: |
22 | (1) Requests a delivery or service provided by the device; or |
23 | (2) Dispatches the device. |
24 | 31-19.6-4. Operator of mobile carrying device. |
25 | A person operating a mobile carrying device shall be considered to be the operator of the |
26 | device for the purpose of assessing compliance with applicable traffic laws. |
27 | 31-19.6-5. Device operation. |
28 | (a) A personal delivery device or mobile carrying device shall: |
29 | (1) Be operated in a manner consistent with the provisions of this chapter; |
30 | (2) Yield the right-of-way to all other traffic and pedestrians and not otherwise obstruct, |
31 | block or impede the flow of traffic or pedestrians; |
32 | (3) If operated after dusk, utilize and display sufficient lighting as required in § 31-19.6- |
33 | 7(b); |
34 | (4) Comply with all applicable regulations adopted by any local governmental agency that |
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1 | are not inconsistent with the provisions of this chapter; |
2 | (5) Not transport hazardous materials regulated under the Hazardous Materials |
3 | Transportation Act (49 U.S.C. Section 5101-5127) and that is required to be placarded under |
4 | subpart F of C.F.R. Part 172; and, |
5 | (6) Be monitored or controlled pursuant to the provisions of this chapter. |
6 | 31-19.6-6. Speeds of operation. |
7 | (a) A personal delivery device or mobile carrying device shall be operated at the following |
8 | speeds: |
9 | (1) At a speed not to exceed twelve miles per hour (12 mph) in a pedestrian area; or |
10 | (2) At a speed not to exceed twenty miles per hour (20 mph) on a highway or other area |
11 | not considered to be a pedestrian area. |
12 | 31-19.6-7. Personal delivery device equipment. |
13 | (a) A personal delivery device operated under this chapter shall: |
14 | (1) Be registered with the division of motor vehicles (DMV) on a form approved by the |
15 | DMV, which shall assign an identification number to each such device; |
16 | (2) Be equipped with a sign, individually attached thereto or painted on the device, that |
17 | clearly identifies the name, address and contact information of the entity and the identification |
18 | number assigned by the DMV; and |
19 | (3) Be equipped with a braking system that enables the device to come to a controlled stop. |
20 | (b) A personal delivery device shall be equipped with lights at the front and rear of the |
21 | device that are visible and recognizable under normal atmospheric conditions on all sides of the |
22 | device for a distance of up to five hundred feet (500'). |
23 | 31-19.6-8. Mobile carrying device equipment. |
24 | A mobile carrying device operated under this chapter shall be equipped with a braking |
25 | system that enables the device to come to a controlled stop. |
26 | 31-19.6-9. Local governmental regulation. |
27 | A local governmental authority may not promulgate any regulations that are inconsistent |
28 | with the provisions of this chapter, including, but not limited to, the hours of operation or zones of |
29 | operation of any personal delivery device or mobile carrying device; provided, however, that |
30 | nothing contained in this section shall prohibit or limit any local governmental authority from |
31 | enforcing the provisions of this chapter. |
32 | 31-19.6-10. Insurance required. |
33 | Any business entity that owns or operates a personal delivery device or mobile carrying |
34 | device shall maintain comprehensive liability insurance to include, but not be limited to, general |
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1 | liability coverage of not less than one hundred thousand dollars ($100,000) per person per accident |
2 | for personal injury coverage and property damage coverage in an amount not less than one hundred |
3 | thousand dollars ($100,000). |
4 | 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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1 | This act would define mobile carrying device as any device that transports cargo within |
2 | twenty-five feet (25') of the operator and is equipped with technology that permits the operator to |
3 | control the device remotely. It also defines personal delivery device as a device that is manufactured |
4 | for transporting cargo and goods in a pedestrian area with provisions for equipment required and |
5 | operation of the devices. |
6 | This act would take effect upon passage. |
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