| (1) |
As used in this section:
Terms Used In Utah Code 41-6a-1119- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Crosswalk: means :
| (a) | that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:| (i) | | (B) | in the absence of curbs, from the edges of the traversable roadway; and |
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| (ii) | in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or |
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| (b) | any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
- Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
- Operator: means :
| (a) | a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Pedestrian: means a person traveling:
| (b) | in a wheelchair. See Utah Code 41-6a-102- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
- Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Utah Code 41-6a-102
- Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
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| (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. |
| (d) |
| (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. |
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| (ii) |
A mobile carrier as defined in Section 41-6a-1120 is not a personal delivery device. |
| (iii) |
“Personal delivery device” does not include:
| (B) |
an ADS-dedicated vehicle as that term is defined in Section 41-26-102.1. |
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| (e) |
| (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. |
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| (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; |
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| (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. |
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| (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. |
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| (4) |
| (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. |
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| (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. |
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| (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. |
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| (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). |
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| (8) |
| (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. |
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| (9) |
A violation of this section is an infraction. |
Amended by Chapter 106, 2020 General Session
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