Bill Text: IA SSB1058 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to personal delivery devices, providing penalties, and making penalties applicable.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-02 - Subcommittee recommends amendment and passage. [SSB1058 Detail]
Download: Iowa-2021-SSB1058-Introduced.html
Senate
Study
Bill
1058
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BROWN)
A
BILL
FOR
An
Act
relating
to
personal
delivery
devices,
providing
1
penalties,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1107XC
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89
th/ns
S.F.
_____
Section
1.
Section
321.1,
subsection
90,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0c.
Any
personal
delivery
device
operated
3
pursuant
to
chapter
321O.
4
Sec.
2.
Section
321.519,
Code
2021,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
3.
Sections
321.514
through
321.518
and
7
this
section
do
not
apply
to
personal
delivery
devices
operated
8
pursuant
to
chapter
321O.
9
Sec.
3.
NEW
SECTION
.
321O.1
Definitions.
10
As
used
in
this
chapter,
unless
the
context
otherwise
11
requires:
12
1.
“Agent”
means
any
officer,
director,
or
employee
of
a
13
business
entity,
or
any
other
person
who
is
authorized
to
act
14
on
behalf
of
a
business
entity.
15
2.
“Business
entity”
means
a
corporation,
sole
16
proprietorship,
association,
partnership,
limited
liability
17
company,
limited
liability
partnership,
or
other
legal
entity,
18
that
is
formed
for
the
purpose
of
making
a
profit.
19
3.
“Pedestrian
area”
means
an
area
intended
to
be
used
by
20
any
person
afoot,
including
a
sidewalk,
crosswalk,
or
safety
21
zone,
as
those
terms
are
defined
in
section
321.1.
22
4.
“Personal
delivery
device”
or
“device”
means
a
device
to
23
which
all
of
the
following
apply:
24
a.
The
device
is
manufactured
for
transporting
cargo
and
25
goods
in
a
pedestrian
area
or
supplementary
area.
26
b.
The
device
is
equipped
with
automated
driving
technology,
27
including
software
and
hardware,
that
enables
the
operation
of
28
the
device
with
the
remote
support
and
supervision
of
a
natural
29
person.
30
c.
The
weight
of
the
device
is
not
greater
than
five
hundred
31
fifty
pounds,
excluding
cargo
and
goods.
32
Sec.
4.
NEW
SECTION
.
321O.2
Applicable
law.
33
1.
The
operation
of
a
personal
delivery
device
is
34
governed
exclusively
by
this
chapter
and
any
applicable
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ordinance
regulating
personal
delivery
devices
adopted
by
a
1
local
authority,
as
defined
in
section
321.1,
that
is
not
2
inconsistent
with
this
chapter.
3
2.
For
the
purposes
of
this
title,
a
personal
delivery
4
device
operated
in
compliance
with
this
chapter
shall
not
be
5
considered
a
vehicle.
6
Sec.
5.
NEW
SECTION
.
321O.3
Operators.
7
1.
A
business
entity
may
operate
a
personal
delivery
device
8
under
this
chapter
only
if
a
natural
person
who
is
an
agent
of
9
the
business
entity
has
the
capability
to
monitor
and
remotely
10
exercise
physical
control
over
the
navigation
and
operation
of
11
the
device
while
the
device
is
engaged.
12
2.
Except
as
provided
by
subsection
3,
when
a
personal
13
delivery
device
operated
by
a
business
entity
is
engaged,
14
the
business
entity
is
considered
to
be
the
operator
of
the
15
device
solely
for
the
purpose
of
assessing
compliance
with
this
16
chapter
and
laws
made
applicable
to
the
operation
of
the
device
17
under
this
chapter.
18
3.
When
a
personal
delivery
device
operated
by
a
business
19
entity
is
engaged
and
an
agent
of
the
business
entity
exercises
20
control
over
the
device
in
a
manner
that
is
outside
the
scope
21
of
the
agent’s
office
or
employment,
the
agent
is
considered
22
to
be
the
operator
of
the
device
solely
for
the
purpose
of
23
assessing
compliance
with
this
chapter
and
laws
made
applicable
24
to
the
operation
of
the
device
under
this
chapter.
25
4.
A
person
is
not
considered
to
be
the
operator
of
a
26
personal
delivery
device
solely
because
the
person
requests
a
27
delivery
or
service
provided
by
the
device
or
dispatches
the
28
device.
29
Sec.
6.
NEW
SECTION
.
321O.4
Operation.
30
1.
The
operator
of
a
personal
delivery
device
shall
ensure
31
that,
while
engaged,
the
device
does
all
of
the
following:
32
a.
Operates
in
a
manner
that
complies
with
the
provisions
33
of
chapter
321
applicable
to
pedestrians,
unless
the
provision
34
cannot
by
its
nature
apply
to
the
device.
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b.
Yields
the
right-of-way
to
all
other
traffic,
including
1
pedestrians.
2
c.
Operates
in
a
manner
that
does
not
unreasonably
interfere
3
with
other
traffic,
including
pedestrians.
4
d.
Complies
with
any
ordinance
regulating
personal
delivery
5
devices
adopted
by
a
local
authority,
as
defined
in
section
6
321.1,
that
is
not
inconsistent
with
this
chapter.
7
e.
Is
monitored
or
controlled
by
an
agent
of
the
business
8
entity
operating
the
device.
9
f.
Operates
in
a
manner
that
allows
the
device
to
come
to
a
10
controlled
stop
in
a
reasonably
safe
time
and
distance.
11
2.
The
operator
of
a
personal
delivery
device
shall
12
ensure
that,
while
engaged,
the
device
does
not
do
any
of
the
13
following:
14
a.
Obstructs
the
right-of-way
of
any
other
traffic,
15
including
pedestrians.
16
b.
Transports
any
hazardous
material
regulated
by
section
17
321.450,
49
U.S.C.
ch.
51,
or
49
C.F.R.
pt.
172,
subpt.
F.
18
3.
A
person
who
violates
this
section
commits
a
simple
19
misdemeanor
punishable
as
a
scheduled
violation
under
section
20
805.8A,
subsection
9B.
21
Sec.
7.
NEW
SECTION
.
321O.5
Areas
of
operation.
22
1.
A
personal
delivery
device
may
operate
on
any
of
the
23
following:
24
a.
A
pedestrian
area
at
a
speed
not
to
exceed
twelve
miles
25
per
hour.
26
b.
A
road,
provided
that
the
speed
limit
on
the
road
is
27
forty
miles
per
hour
or
less
and
there
is
no
reasonable
access
28
to
a
pedestrian
area,
at
a
speed
not
to
exceed
twenty
miles
per
29
hour
or
the
speed
limit
on
the
road,
whichever
is
lower.
30
2.
The
operator
of
a
personal
delivery
device
that
violates
31
this
section
commits
a
simple
misdemeanor
punishable
as
a
32
scheduled
violation
under
section
805.8A,
subsection
5.
33
Sec.
8.
NEW
SECTION
.
321O.6
Equipment.
34
1.
A
personal
delivery
device
operated
under
this
chapter
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must
be
equipped
with
all
of
the
following:
1
a.
A
marker
that
clearly
states
the
name
and
contact
2
information
of
the
business
entity
operating
the
device
and
a
3
unique
identification
number.
4
b.
A
braking
system
that
enables
the
device
to
come
to
a
5
controlled
stop
in
a
reasonably
safe
time
and
distance.
6
2.
A
personal
delivery
device
operated
at
the
times
7
specified
in
section
321.384
must
be
equipped
with
and
display
8
a
lighted
lamp
on
the
front
and
rear
of
the
device,
including
9
one
or
more
lighted
lamps
visible
on
all
sides
of
the
device,
10
which
lamps
must
be
recognizable
in
clear
weather
conditions
11
from
a
distance
of
five
hundred
feet
from
the
device
when
the
12
device
is
directly
in
front
of
a
motor
vehicle’s
headlamps
13
displaying
the
lowermost
distribution
of
light
as
discussed
in
14
section
321.409,
subsection
1,
paragraph
“b”
.
15
3.
The
operator
of
a
personal
delivery
device
that
violates
16
subsection
1
commits
a
simple
misdemeanor
punishable
by
a
fine
17
of
at
least
one
hundred
dollars
but
not
more
than
one
thousand
18
dollars
for
each
violation.
19
4.
The
operator
of
a
personal
delivery
device
that
20
violates
subsection
2
commits
a
simple
misdemeanor
punishable
21
as
a
scheduled
violation
under
section
805.8A,
subsection
22
9B.
However,
the
citation
shall
first
provide
for
a
23
seventy-two-hour
period
within
which
the
operator
charged
with
24
the
violation
shall
replace
or
repair
the
lamp
as
described
in
25
section
321.385A.
If
the
operator
complies
with
the
directive
26
to
replace
or
repair
the
lamp,
the
citation
shall
be
expunged.
27
Sec.
9.
NEW
SECTION
.
321O.7
Regulation
by
local
28
authorities.
29
1.
A
local
authority,
as
defined
in
section
321.1,
shall
30
not
regulate
the
operation
of
a
personal
delivery
device
on
a
31
road
or
a
pedestrian
area
in
a
manner
inconsistent
with
this
32
chapter,
including
but
not
limited
to
limiting
the
hours
of
33
operation
or
areas
of
operation.
34
2.
This
section
does
not
affect
the
power
of
a
local
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authority’s
peace
officers
to
enforce
the
laws
of
this
state
1
relating
to
the
operation
of
a
personal
delivery
device.
2
Sec.
10.
NEW
SECTION
.
321O.8
Insurance.
3
A
business
entity
that
operates
a
personal
delivery
device
4
under
this
chapter
shall
maintain
an
insurance
policy
that
5
includes
general
liability
coverage
of
not
less
than
one
6
hundred
thousand
dollars
for
damages
arising
from
the
operation
7
of
the
device.
8
Sec.
11.
Section
805.8A,
subsection
5,
paragraph
a,
9
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
10
follows:
11
For
excessive
speed
violations
in
excess
of
the
limit
under
12
section
321.236,
subsections
5
and
11
,
section
321.285
,
section
13
321.383,
subsection
5
,
section
321O.5,
subsection
1,
and
14
section
461A.36
,
the
scheduled
fine
shall
be
the
following:
15
Sec.
12.
Section
805.8A,
Code
2021,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
9B.
Personal
delivery
device
violations.
18
a.
For
violations
under
section
321O.4,
the
scheduled
fine
19
is
thirty-five
dollars.
20
b.
For
violations
under
section
321O.6,
subsection
2,
the
21
scheduled
fine
is
forty-five
dollars.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
creates
a
new
Code
chapter
321O
which
authorizes
26
and
regulates
the
operation
of
personal
delivery
devices.
A
27
personal
delivery
device
is
a
device
equipped
with
automated
28
driving
technology
manufactured
for
transporting
cargo
and
29
goods.
30
The
bill
allows
business
entities
to
operate
personal
31
delivery
devices.
Personal
delivery
devices
are
not
classified
32
as
vehicles
and
must
operate
in
a
manner
that
complies
with
33
Code
provisions
applicable
to
pedestrians.
Therefore,
by
34
operation
of
law,
personal
delivery
devices
are
subject
to
35
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traffic-control
signals
as
provided
in
Code
section
321.325,
1
the
devices
must
operate
on
the
left
side
when
operating
on
2
or
along
a
highway
as
provided
in
Code
section
321.326,
the
3
devices
must
yield
the
right-of-way
to
all
vehicles
when
4
crossing
a
roadway
at
any
point
other
than
within
a
marked
5
crosswalk
or
within
an
unmarked
crosswalk
at
an
intersection
as
6
provided
in
Code
section
321.328,
and
the
devices
must
move
to
7
the
right
half
of
crosswalks
whenever
practicable
as
provided
8
in
Code
section
321.330.
9
The
bill
establishes
minimum
requirements
for
the
operation
10
of
personal
delivery
devices.
Devices
are
prohibited
from
11
transporting
hazardous
materials.
Devices
are
restricted
to
12
operating
on
pedestrian
areas
at
a
maximum
speed
of
12
miles
13
per
hour,
and
are
restricted
to
operating
on
roads
with
a
14
speed
limit
of
40
miles
per
hour
or
less
and
no
reasonable
15
access
to
a
pedestrian
area
at
a
maximum
speed
of
20
miles
per
16
hour
or
the
speed
limit
on
the
road,
whichever
is
lower.
The
17
bill
also
establishes
minimum
equipment
requirements
for
the
18
devices
including
identification
markers,
braking
systems,
and
19
lighting.
20
The
bill
allows
local
authorities
to
regulate
personal
21
delivery
devices,
but
those
local
regulations
cannot
be
22
inconsistent
with
the
bill.
23
Business
entities
that
operate
personal
delivery
devices
24
must
maintain
an
insurance
policy
that
includes
general
25
liability
coverage
of
not
less
than
$100,000
for
damages
26
arising
from
the
operation
of
the
device.
27
The
bill
provides
penalties
for
violations
of
device
28
operation
and
equipment
requirements.
Operators
of
devices
29
that
exceed
the
lawful
speed
limit
are
subject
to
a
scheduled
30
fine
based
on
the
level
of
excess
speed
as
provided
in
Code
31
section
805.8A(5),
ranging
from
$30
for
a
violation
of
less
32
than
five
miles
per
hour
over
the
limit
to
$135
plus
$5
for
each
33
mile
per
hour
in
excess
of
20
miles
per
hour
over
the
limit.
34
Operators
of
devices
that
violate
the
operation
requirements
35
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set
forth
in
Code
section
321O.4
are
subject
to
a
scheduled
1
fine
of
$35
for
each
violation.
Operators
of
devices
that
2
fail
to
meet
required
identification
marker
and
braking
system
3
specifications
are
subject
to
a
fine
of
at
least
$100
but
not
4
more
than
$1,000
for
each
violation.
Operators
of
devices
that
5
fail
to
meet
required
lighting
specifications
are
subject
to
6
a
scheduled
fine
of
$45,
but
are
allowed
a
72-hour
period
to
7
replace
or
repair
a
lamp.
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