41-6a-1119. Personal delivery device.

879 words·~4 min read·/ut/title-41/chapter-6a/41-6a-1119

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

(1)As used in this section:

(a)"Eligible entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in a business that includes the operation of a personal delivery device.

(b)"Main-traveled way" means the same as that term is defined in Section 72-7-502 .

(c)"Pedestrian area" means a sidewalk, crosswalk, school crosswalk, school crossing zone, or safety zone.

(i)"Personal delivery device" means an electrically powered device to which all of the following apply:

(A)the device is manufactured for transporting cargo and goods; and

(B)the device is equipped with automated driving technology, including hardware and software, that enables the operation of the device with or without active control or monitoring by a person.

(ii)A mobile carrier as defined in Section 41-6a-1120 is not a personal delivery device.

(iii)"Personal delivery device" does not include:

(A)a motor vehicle; or

(B)an ADS-dedicated vehicle as that term is defined in Section 41-26-102.1 .

(i)"Personal delivery device operator" means an employee or agent of an eligible entity who exercises active physical control over, or monitoring of, the navigation and operation of a personal delivery device.

(ii)"Personal delivery device operator" does not include:

(A)with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or

(B)a person who only arranges for and dispatches a personal delivery device for a delivery or other service.

(2)An eligible entity may operate a personal delivery device so long as all of the following requirements are met:

(a)the personal delivery device is operated at a maximum speed of:

(i)10 miles per hour when in a pedestrian area; or

(ii)20 miles per hour on a highway in an area that is not a pedestrian area;

(b)the eligible entity maintains an insurance policy that includes general liability coverage of not less than $100,000 for damages arising from the operation of the personal delivery device by the eligible entity and any agent of the eligible entity; and

(c)the personal delivery device is equipped with all of the following:

(i)a marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number;

(ii)a braking system that enables the personal delivery device to come to a controlled stop; and

(iii)if the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible on all sides of the personal delivery device in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.

(3)A personal delivery device operator may not allow a personal delivery device to do any of the following:

(a)fail to comply with traffic or pedestrian control devices and signals;

(b)unreasonably interfere with pedestrians or traffic; or

(c)transport hazardous material that is:

(i)regulated under 49 U.S.C. Chapter 51, Transportation of Hazardous Material; and

(ii)required to be placarded under 49 C.F.R., Part 172, Subpart F, Placarding.

(a)When operating on a highway, the personal delivery device:

(i)shall operate as close as practicable to the edge of the highway in the direction of authorized traffic movement; and

(ii)except as provided in Subsection (4)(b) , may not travel in the main-traveled way.

(b)Notwithstanding Subsection (4)(a) , a personal delivery device:

(i)if practical and with due regard for safety and traffic conditions may temporarily operate in the main-traveled way to avoid a parked car or other obstacle on the edge of the highway; and

(ii)shall return to the edge of the highway as described in Subsection (4)(a) as soon as conditions allow.

(c)Notwithstanding Subsections (4)(a) and

(b), a personal delivery device may not operate on a:

(i)highway with a speed limit of 45 miles per hour or higher; or

(ii)limited access highway.

(5)A personal delivery device has the rights and obligations applicable to a pedestrian under the same circumstances, except that a personal delivery device shall yield the right-of-way to a pedestrian.

(6)A person may not operate a personal delivery device unless the person complies with this section.

(7)An eligible entity is responsible for both of the following:

(a)a violation of this section that is committed by a personal delivery device operator operated for the benefit of the eligible entity; and

(b)any other circumstance, including a technological malfunction, in which a personal delivery device operates in a manner prohibited by Subsection

(3).

(a)Following discussions with and input from eligible entities, a local authority or political subdivision may reasonably regulate the operation of personal delivery devices on a highway or pedestrian area.

(b)This section does not affect the authority of a peace officer of a local authority or political subdivision to enforce the laws of this state relating to the operation of a personal delivery device.

(9)A violation of this section is an infraction.

Amended by Chapter 106 , 2020 General Session