Bill Summaries: S739 PERSONAL DELIVERY DEVICE/PDD/DELIVERY ROBOTS.

Tracking:
  • Summary date: Jul 2 2020 - More information

    AN ACT TO DEFINE AND REGULATE PERSONAL DELIVERY DEVICES. SL 2020-73. Enacted July 1, 2020. Effective December 1, 2020, except as otherwise provided.


  • Summary date: Jun 23 2020 - More information

    House committee substitute makes the following changes to the 4th edition.

    Amends Section 2 by removing proposed GS 20-175.11, to no longer require registration of personal delivery devices with the Division of Motor Vehicles (Division) and payment of a registration fee prior to operating a personal delivery device.


  • Summary date: Jun 17 2020 - More information

    Senate committee substitute amends Section 2 of the 3rd edition by adding new GS 20-175.11 regarding registration of personal delivery devices to previously proposed Part 11D of Article 3, GS Chapter 20.  Provides that in order to operate a personal delivery device a business entity must register that device with the Division of Motor Vehicles (Division) and must pay a one-time fee of $250.00 per device. Directs the Division to maintain a list of registered devices.

    Eliminates the $5,000 appropriation provision.


  • Summary date: Jun 10 2020 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Section 2

    Enacts Part 11D, Personal Delivery Devices, of Article 3, GS Chapter 20, rather than Article 10B, GS Chapter 20. Maintains the proposed language of previously proposed Article 10B in new Part 11D of Article 3, with the following modifications. Makes organizational and clarifying changes to proposed language.

    Changes the proposed definition of business entity to mean a corporation, limited liability company, partnership, sole proprietorship, or other legal entity authorized to conduct business under the laws of the State (was, a legal entity formed for the purpose of making a profit). Adds to the defined terms, operator, and defines the term to mean an agent who is 16 years of age or older and is charged with the responsibility of monitoring and operating a personal delivery device (PDD; previously, this definition was set forth for "agent" in the context of required PDD monitoring by a human agent of the business entity among other PDD operation requirements).

    Modifies the PDD operation authorization and requirements. Now, authorizes a business entity to operate a PDD in a pedestrian area or on a highway, with the rights and duties applicable to a pedestrian under GS Chapter 20, subject to the requirements and restrictions of the new Part (previously, authorized a business entity to operate a PDD if the entity is authorized to conduct business in the State under specified GS Chapters. No longer makes it unlawful for any person to operate or cause to operate a PDD. Instead, makes it unlawful for any person to operate a PDD in a pedestrian area or on a highway in the State except as authorized in the new Part.

    Modifies and adds to the PDD operation requirements. Restricts operation on a highway to operation necessary to cross a highway or along a highway only if a sidewalk is not provided or accessible, and only if (1) the PDD is operated on the shoulder or as close as practicable to the extreme right of the highway in the direction of authorized traffic movement, and yields the right-of-way to all vehicles; (2) the PDD is not operated on a highway at a speed greater than 20 mph (previously, speeds not to exceed 35 mph); and (3) the PDD is not operated on a highway with a speed limit greater than 35 mph. Now requires PDDs to obey all traffic and pedestrian control devices and signs. No longer provides for PDDs to be operated in a manner that complies with the Chapter's provisions applicable to bicycles when the device is operating on a highway or bicycle lane in addition to those applicable to pedestrians when the device is operating in a pedestrian area. Now requires PDDs to yield the right-of-way to all human pedestrians (was, to all vehicles and pedestrians).

    Modifies required PDD equipment to include lights on the rear and front that are visible and recognizable under normal atmospheric conditions from at least 500 feet on all sides of the PDD when operated at night (previously additionally specified when directly in front of a motor vehicle projecting lawful low-beam headlights).

    Eliminates the prohibition against local government regulation of the hours and areas of operation of a PDD inconsistent with the Article. Now allows local governments to reasonably regulate PDD operation on a highway or pedestrian area for reasons relating to public health, safety, or welfare, subject to an opportunity from business entities. Explicitly bars local governments' outright ban of PDD operation. Specifies that this provision does not affect law enforcement or local government authority to enforce State laws relating to PDD operation. 

    Makes a violation of the PDD equipment requirements an infraction.

    Changes the local regulation authority provided. Now, explicitly authorizes local governments having jurisdiction over ways of public passage to regulate time and place of PDD operation by regulation for the purpose of assuring safety of persons using highways and sidewalks. Bars local prohibition of PDD use.

    Eliminates previously proposed liability provisions. 

    Adds the following content.

    Section 3

    Effective December 1, 2022, amends new GS 20-175.9, as enacted, to authorize local governments with jurisdiction over ways of public passage to prohibit PDD operation within its jurisdiction if it determines that the prohibition is necessary, rather than regulate time and place of operation. Provides that any ordinance regulating time and place of PDD operation adopted before the effective date of this provision remains in effect until repealed.

    Sections 4 and 5

    Amends GS 20-146.2 and GS 20-183.2 to reflect organizational changes made by the act to GS 20-4.01.

    Section 6

    Amends GS 20-286(10), which sets forth the definition for motor vehicle as the term applies to the regulation of motor vehicle dealers and manufacturers in Article 12. Specifies that motor vehicle does not include an electronically powered device that is equipped with automated driving technology that enables device operation with or without remote support and meets three weight, length, and width dimensions, while such electronically powered devices that exceed the specified weight, length, and width dimensions are included as a motor vehicle, subject to the fully autonomous vehicle regulations set out in Article 18 if it also falls within the definition of a fully autonomous vehicle under GS 20-400(3).

    Section 7

    Changes the appropriations provisions to appropriate the $5,000 in nonrecurring funds from the General Fund to the Department of Public Safety rather than the Secretary of State, for 2020-21 to educate the public on safely interacting with PDDs operating in vehicular and pedestrian traffic (previously, appropriation provided to implement the act).

    Section 8

    Changes the act's effective date. Now provide for the act to become effective December 1, 2020, and applicable to offenses committed on or after that date, except as otherwise provided (was, effective when the act became law).


  • Summary date: May 27 2020 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Modifies the proposed definition of personal delivery device (PDD) set out in GS 20-4.01 to define the term to mean an electronically powered device intended for transporting cargo (previously, for transporting cargo without regard to intent provided) that is equipped with automated driving technology that enables the operation of the device with or without the remote support and supervision of a human (previously, limited to remote support and supervision of a human). Also adds that the PDD cannot exceed a weight of 500 pounds, excluding cargo, a length of 40 inches, and a width of 30 inches.

    Makes the following changes to proposed Article 10B, Personal Delivery Devices, of GS Chapter 20.

    Authorizes a business entity to operate a PDD if the entity is authorized to conduct business in the State under specified GS Chapters (was, if registered with the Secretary of State). Makes conforming changes throughout to remove references to registration, including the annual registration and fee provisions. Expands the definition provided for business entity to include a limited liability company.

    Concerning PDD operation, specifies that the requirement for the PDD to be monitored by a human that is an agent of the business entity, able to exercise remote control over navigation and operation of the PDD, requires that the business entity's agent be at least 16 years old and charged by the entity with the responsibility of monitoring and operating a PDD. Requires the PDD to be operated in a manner that complies with the Chapter's provisions applicable to bicycles when the device is operating on a highway or bicycle lane, in addition to those applicable to pedestrians when the device is operating in a pedestrian area. No longer qualifies the pedestrian provision compliance with exclusionary phrasing when the nature of the provisions cannot apply to the PDD. Changes the maximum speeds permitted for PDD operation from 12 to 10 mph in pedestrian areas, and from 20 to 35 mph on highways.

    Eliminates the prohibition against local government regulation of the hours and areas of operation of a PDD inconsistent with the Article. Now allows local governments to reasonably regulate PDD operation on a highway or pedestrian area for reasons relating to public health, safety, or welfare, subject to an opportunity from business entities. Explicitly bars local governments' outright ban of PDD operation. Specifies that this provision does not affect law enforcement or local government authority to enforce State laws relating to PDD operation.

    Adds that the immunity from liability does not apply in instances of gross negligence.

    Eliminates the Article's enforcement provisions.


  • Summary date: May 14 2020 - More information

    Amends GS 20-4.01 to define personal delivery device (PDD) to mean an electronically powered device for transporting cargo that is equipped with automated driving technology that enables the operation of the device with the remote support and supervision of a human. Modifies the definition given for the defined term vehicle to exclude a personal delivery device from the term.

    Enacts Article 10B, Personal Delivery Devices, of GS Chapter 20. Authorizes a business entity to operate a PDD if the entity registers with the Secretary of State and operates the PDD in compliance with the Article. Otherwise, makes it unlawful to operate or cause the operation of a PDD.

    Requires annual registration and payment of a nonrefundable registration fee of $250. Requires the registration form to include proof of insurance requirements met, proof the business entity is authorized to do business in the State, and information for a resident agent for service of process.

    Sets out six restrictions and requirements for PDD operation, including: (1) the PDD is monitored by a human agent of the business entity who is able to exercise remote control over the navigation and operation of the PDD; (2) operation complies with requirements concerning pedestrian areas; (3) the PDD yields the right-of-way to all vehicles and pedestrians; (4) the PDD does not unreasonably interfere with any vehicle or pedestrian; (5) the PDD does not transport certain hazardous materials; and (6) the PDD is only operated at no more than 12 miles per hour in pedestrian areas and 20 miles per hour on highways.

    Requires PDDs to have: (1) a marker that clearly identifies the name and contact information of the owner and a unique ID number; (2) a braking system for controlled stops; and (3) front and rear lights for night operation visible and recognizable on all sides up to 500 feet from the PDD when directly in front of a vehicle projecting low-beam headlights.

    Prohibits local governments from regulation PDD operation inconsistent with the Article. Grants State and local law enforcement officers the authority to enforce the Article.

    Requires a registered business entity to maintain general liability insurance that covers at least $100,000 per claim for damages arising from the operation of the PDD.

    Makes the registered business entity strictly liable for operation of the PDD unless an agent acts outside the scope of the agent's authority. Provides for limited civil and criminal immunity for persons that request delivery or service by a PDD operated by a registered business entity.

    Authorizes the Secretary of State to refuse, revoke, suspend or restrict registration and take enforcement action if a business entity's PDD operation is found to endanger public safety. Directs the Secretary of State to adopt necessary rules, orders, and forms for administration and enforcement of the Article.

    Appropriates $5,000 in nonrecurring funds for 2019-20 from the General Fund to the Secretary of State to implement the act.


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