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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
personal delivery devices
Purpose
Effective September 1, 2020, expands the definition of personal delivery device and establishes regulations relating to operation, insurance and local authority.
Background
Current statute defines a personal delivery device as an electronically powered device that is operated primarily on sidewalks and within crosswalks and that is designed to transport property. The personal delivery device: 1) must weigh less than 200 pounds, excluding cargo; 2) must be equipped with a braking system that allows the device to come to a full stop; and 3) cannot exceed a speed of 7 miles per hour (mph) unless otherwise authorized by local authority (A.R.S. § 28-101).
Statute defines a personal mobile cargo carrying device as an electronically powered device that is operated primarily on sidewalks and within crosswalks and that is designed to transport property. The personal mobile cargo carrying device: 1) must weigh less than 80 pounds, excluding cargo; 2) must be equipped with a braking system that allows the device to come to a full stop; 3) cannot exceed a speed of 12 mph; and 4) must be equipped with technology to transport personal property with the active monitoring of a property owner while staying within 25 feet of that property owner (A.R.S. § 28-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the definition of personal delivery device (device) to:
a) be manufactured for transporting cargo and goods in either a pedestrian area or on a highway in an area that is not a pedestrian area;
b) be 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; and
c) not be a personal mobile cargo carrying device.
2. Allows a device to be operated at speeds up to 12 mph in a pedestrian area and no more than 20 mph on the side or shoulder of a highway in an area that is not a pedestrian area.
3. Allows a person to operate a device if the person is:
a) a business entity; and
b) an agent of a business entity who is capable of monitoring or exercising physical control over the navigation and operation of the device.
4. Specifies that when a device is engaged and operated by a business entity, the business entity is considered the operator of the device solely for the purpose of assessing compliance with applicable traffic laws.
5. Specifies that when an agent of a business entity operates a device outside the scope of the agent's office or employment, the agent is considered the operator of the device.
6. Specifies that a person is not the operator of a device solely when the person:
a) requests a delivery or service provided by the device; or
b) dispatches the device.
7. Requires a device to:
a) operate in a manner that complies with state laws that apply to pedestrians, except those provisions that by their nature can have no application;
b) yield to right-of-way and not obstruct the right-of-way of all other traffic, including pedestrians;
c) not unreasonably interfere with other traffic, including pedestrians;
d) be monitored or controlled to ensure the device is not unreasonably interfering with traffic, including pedestrians;
e) display required light equipment if operated at nighttime;
f) comply with any applicable regulations that are adopted by local authority; and
g) not transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 and be placarded under federal regulations.
8. Requires a device to be equipped with a:
a) marker that clearly states the name and contact information of the owner and a unique identification number; and
b) braking system that enables the device to come to a controlled stop.
9. Requires a device operated at nighttime to be equipped with lights on the front and rear that are visible and recognizable under normal atmospheric conditions on all sides of the device from 1 foot to 500 feet from the device.
10. Requires a business entity that operates a device to maintain an insurance policy that includes general liability coverage of at least $100,000 for damages arising from the operation of the device.
11. Specifies that the operation of a device is governed exclusively by state laws relating to devices and any applicable regulation that is adopted by a local authority and is consistent with state laws relating to devices.
12. Specifies that a device that is operated in compliance with state laws relating to devices is not a vehicle.
13. Prohibits a local authority from regulating the operation of a device on a highway or in a pedestrian area in a manner inconsistent with state laws relating to devices.
14. Allows a local authority to establish maximum speeds of less than 12 mph in a pedestrian area if the local authority determines that a maximum speed of 12 mph is unreasonable or unsafe for that area.
15. Specifies that a maximum speed established by a local authority may not be less than 7 mph.
16. Specifies that a local peace officer's authority is not affected when enforcing the laws of Arizona relating to the operation of a device.
17. Allows a local authority to prohibit the operation of devices in a specified zone or during certain hours in a specified zone to protect public health and safety.
18. Defines agent as a director, officer, employee or other person who is authorized to act on behalf of a business entity.
19. Defines business entity as a legal entity, including a corporation, partnership or sole proprietorship.
20. Defines pedestrian area as a sidewalk, crosswalk, school crosswalk, school crossing zone or safety zone.
21. Contains a technical conditional enactment clause.
22. Makes technical changes.
23. Becomes effective on September 1, 2020.
Amendments Adopted by Committee of the Whole
1. Specifies that a device may be operated on the side or shoulder of a highway.
2. Allows a local authority to regulate device speeds if it is determined that a specific speed is unreasonable or unsafe.
3. Specifies that a maximum device speed may not be less than 7 mph.
4. Allows a local authority to prohibit the operation of devices in specified zones or locations to protect public health and safety.
5. Modifies the definition of business entity to include a nonprofit legal entity.
Senate Action
TPS 2/12/20 DP 5-0-3
Prepared by Senate Research
March 4, 2020
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