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Utah Code Title 41. Motor Vehicles § 41-6a-1119. Personal delivery device

Current as of May 05, 2022 | Updated by FindLaw Staff

(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.

(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.

(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.

(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.

(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.

(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.

(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).

(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.

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

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Cite this article: FindLaw.com - Utah Code Title 41. Motor Vehicles § 41-6a-1119. Personal delivery device - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-41-motor-vehicles/ut-code-sect-41-6a-1119/

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