S1199B1823A07132 DMS:EJH 09/15/20 #90 A07132
AMENDMENTS TO SENATE BILL NO. 1199
Sponsor: REPRESENTATIVE SCHROEDER
Printer's No. 1823
Amend Bill, page 1, lines 1 through 5, by striking out all of
said lines and inserting
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in highly automated vehicles, further providing
for definitions and for Highly Automated Vehicle Advisory
Committee and providing for personal delivery devices; and
making editorial changes.
Amend Bill, page 1, lines 8 through 19; pages 2 through 7,
lines 1 through 30; page 8, lines 1 through 26; by striking out
all of said lines on said pages and inserting
Section 1. The definition of "pedestrian" in section 102 of
Title 75 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Pedestrian." [A natural person afoot.] Any of the
following:
(1) An individual afoot.
(2) An individual with a mobility-related disability on
a self-propelled wheelchair or an electrical mobility device
operated by and designated for the exclusive use of an
individual with a mobility-related disability.
(3) a personal delivery device.
* * *
"Personal delivery device" or "PDD." A ground delivery
device that:
(1) is manufactured for transporting cargo or goods;
(2) is operated by an automated driving system or a
driving system that allows remote operation, or both; and
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(3) weighs 550 pounds or less without cargo or goods.
* * *
Section 2. Chapter 85 of Title 75 is amended by adding a
subchapter heading to read:
SUBCHAPTER A
PRELIMINARY PROVISIONS
Section 3. Section 8501 of Title 75 is amended by adding a
definition to read:
§ 8501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Authorized entity". A person holding a PDD authorization.
Section 4. Chapter 85 of Title 75 is amended by adding a
subchapter heading immediately preceding section 8502 to read:
SUBCHAPTER B
HIGHLY AUTOMATED VEHICLES
Section 5. Section 8503 (h) Title 75 is amended and
subsection (b)(9) is amended by adding a subparagraph to read:
§ 8503. Highly Automated Vehicle Advisory Committee.
* * *
(b) Composition.--The advisory committee shall consist of
the following members:
* * *
(9) The following members to be appointed by the
Governor:
* * *
(xi) One member representing an authorized entity.
* * *
(h) Powers.--The advisory committee shall have the power to
advise and consult the secretary on each aspect of highly
automated vehicles [and], platooning and personal delivery
devices in this Commonwealth and may undertake any of the
following:
(1) Developing technical guidance.
(2) Evaluating best practices.
(3) Reviewing existing laws, regulations and policies.
(4) Engaging in continued research and evaluation of
connected and automated systems technology necessary to
ensure safe testing, deployment and continued innovation in
this Commonwealth.
* * *
Section 6. Chapter 85 of Title 75 is amended by adding a
subchapter to read:
SUBCHAPTER C
PERSONAL DELIVERY DEVICES
Sec.
8511. Definitions.
8512. General prohibition.
8513. Powers of department.
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8514. Application.
8515. Authorization issuance and renewal.
8516. Operation.
8517. Local regulation.
8518. Equipment.
8519. Insurance.
8520. Enforcement.
8521. Criminal penalties.
8522. Application of title.
§ 8511. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Municipality." The term does not include a county.
"Operational phase." Phase 1 or phase 2.
"PDD authorization." An authorization issued by the
department under section 8515 (relating to application issuance
and renewal) permitting the operation of a personal delivery
device in accordance with this subchapter.
"PDD operator." An employee of an authorized entity
permitted by the authorized entity to remotely control, monitor
or otherwise operate a personal delivery device on behalf of the
authorized entity as provided under this subchapter. The term
does not include an individual who requests a delivery or
service provided by the personal delivery device or dispatches
the personal delivery device.
"Pedestrian area." A sidewalk, crosswalk, safety zone,
pedestrian tunnel, overhead pedestrian crossing or similar area
for pedestrians.
"Phase 1." The operation of a personal delivery device
through an automated driving system by an authorized entity
where the device is controlled remotely and a PDD operator is
within 30 feet of the PDD and within the line of sight of the
PDD.
"Phase 2." The operation of a personal delivery device
through an automated driving system by an authorized entity
where the device is monitored remotely by a PDD operator and the
automated system is capable of being controlled and overridden
remotely by the PDD operator.
§ 8512. General prohibition.
No person may operate a personal delivery device on a
roadway, or shoulder or berm of a roadway, or in a pedestrian
area unless:
(1) the person holds a PDD authorization from the
department or is a PDD operator; and
(2) the personal delivery device is operated in
accordance with this subchapter.
§ 8513. Powers of department.
(a) General powers.--Except as permitted under section 8517
(relating to local regulation), the department shall have
general and sole regulatory authority over the operation of
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personal delivery devices and authorized entities as described
in this subchapter to ensure the safe operation of personal
delivery devices on roadways, or shoulders or berms of roadways,
and in pedestrian areas.
(b) Specific powers and duties.--The department shall have
the following specific powers and duties:
(1) To issue, approve, renew, revoke, suspend, condition
or deny issuance or renewal of PDD authorizations.
(2) By order of the secretary, to prohibit the use of a
personal delivery device on any roadway, or shoulder or berm
of a roadway, under the jurisdiction of the department where
the secretary determines that the operation of the personal
delivery device would constitute a hazard.
(3) To display, on the department's publicly accessible
Internet website, the following:
(i) a list of authorized entities that includes the
authorized operational phase of each authorized entity.
(ii) any order issued by the secretary under this
subchapter.
(iii) policies or guidelines issued by the
department consistent with this subchapter.
(4) To require an authorized entity to self-report to
the department and the law enforcement agency of the
municipality governing the right-of-way containing the
pedestrian area or roadway, or shoulder or berm of the
roadway, an accident involving any of the authorized entity's
personal delivery devices that resulted in bodily injury or
damage to property within 24 hours of the accident.
(5) To establish policies or guidelines consistent with
this subchapter.
§ 8514. Application.
(a) Application.--An application for a PDD authorization or
renewal application for a PDD authorization shall be on a form
and submitted in a manner as determined by the department.
(b) Contents of application.--An application submitted to
the department under subsection (a) shall include the following:
(1) Name, address and contact information of the
applicant.
(2) A general operational plan that includes, but is not
limited to, the following:
(i) The municipalities in which the applicant
intends to operate personal delivery devices.
(ii) The anticipated highways and pedestrian areas
that the applicant's personal delivery devices will be
utilized to transport goods and cargo.
(iii) A description of the training procedures for
PDD operators.
(iv) The manufacturer and model of personal delivery
devices the applicant intends to deploy.
(v) A description of how a police officer or other
emergency responder may stop or disable a PDD operated by
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the applicant.
(vi) A description of the cargo or goods the
applicant intends to transport.
(vii) A proposed schedule for safety and maintenance
inspections of PDDs.
(viii) Information regarding the operational phases
in which the applicant's personal delivery devices are
capable of operating.
(3) Any information or records deemed reasonably
necessary to aid the department's review of the submitted
application and for the administration, enforcement and
ongoing compliance with this subchapter.
(4) Proof of insurance as required under section 8519
(relating to insurance).
(5) An attestation that the applicant will temporarily
cease or restrict the operation of PDDs due to a weather
emergency or other hazardous event identified by the
department or a municipality.
(6) The details of an educational campaign to be
employed by the applicant to educate and bring awareness of
PDDs to municipalities, motorists and the general public.
(7) Information regarding the applicant's accident
procedure in the event of an accident involving injury to a
person or damage to property or an accident causing damage to
the personal delivery device. The procedure shall include:
(i) duties of the applicant and its PDD operators
with respect to clearing roadways, or shoulders or berms
of a roadway, and pedestrian areas of the personal
delivery device so as not to impede traffic or
pedestrians in the event that the personal delivery
device is rendered inoperable or damaged to the extent it
cannot be safely operated;
(ii) the process where the applicant will exchange,
if necessary, insurance information to all parties
involved in the accident within 24 hours of the accident;
and
(iii) the safety inspection and maintenance
protocols for personal delivery devices damaged in an
accident.
(8) A list of unique identification numbers assigned to
each of the applicant's personal delivery devices, which
shall be updated prior to an authorized entity operating a
PDD not listed in the application.
(9) if the application is a renewal application, the
following information:
(i) the total number of trips each personal delivery
device performed within the previous 12 months; and
(ii) a list of accidents resulting in personal
injury or property damage and any violations of this
subchapter issued to the authorized entity for a personal
delivery device operated by the authorized entity within
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this Commonwealth in the previous 12 months.
§ 8515. Authorization issuance and renewal.
(a) Review of applications and issuance.--The department
shall review all applications for a PDD authorization and
applications for the renewal of a PDD authorization and may
issue an authorization to or renew the authorization of any
applicant that:
(1) has submitted a completed application;
(2) has the ability to comply with the provisions of
this subchapter; and
(3) has not knowingly made a false statement of material
fact in the application or has not deliberately failed to
disclose any information requested by the department.
(b) Authorization period and renewal.--
(1) A PDD authorization issued under this subchapter
shall be valid for a period of one year.
(2) If the PDD application is not approved by the
department within 30 days after receipt of the application,
the application shall be deemed approved.
(3) An application for the renewal of a PDD
authorization shall be submitted at least 45 days prior to
the expiration of the PDD authorization and include an update
of the information contained in the initial application for
the PDD authorization. A PDD authorization for which a
completed renewal application has been received by the
department shall continue in effect unless the department
sends a written notification to the authorized entity that
the department has denied the renewal of the PDD
authorization.
(c) Duty of authorized entities.--An authorized entity shall
have an ongoing duty to provide any information or records that
may be required by the department and is reasonably necessary
for the administration and enforcement of this subchapter.
(d) Applicability.--Except as provided in subsection (e),
the following shall not be subject to the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law:
(1) Information contained in an application for a PDD
authorization or renewal application submitted to the
department by an applicant under this section or section 8514
(relating to application).
(2) Additional information requested by the department
and submitted by an applicant as part of the review of the
applicant's application for a PDD authorization or renewal
application under this section or section 8514.
(3) Information and records submitted by an authorized
entity to the department under this section or section 8514.
(e) Applicability exception.--Subsection (d) shall not apply
to the following:
(1) Information or records submitted to the department
under section 8514(b)(2)(i), (ii) or (iv), (4), (8) or (9)
(ii).
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(2) Information or records required to be posted on the
department's publicly accessible Internet website under
section 8513 (b)(3)(ii) (relating to powers of department).
§ 8516. Operation.
(a) Operational phases.--The following shall apply:
(1) Upon the initial issuance of a PDD authorization, an
authorized entity shall be limited to phase 1 operation to
demonstrate safe operation of personal delivery devices by
the authorized entity and its PDD operators, subject to the
following:
(i) Except as permitted under subparagraph (ii), The
department may not limit an authorized entity to phase 1
operation for less than 90 days and not more than 180
days from the date the PDD authorization was issued, or
less than 90 days and not more than 180 days from the
date the authorized entity's phase 2 operation was
revoked by the department, whichever is applicable.
(ii) The department may limit an authorized entity
to phase 1 operation for less than 90 days or more than
180 days from the date the PDD authorization was issued,
or less than 90 days and not more than 180 days from the
date the authorized entity's phase 2 operation was
revoked by the department, whichever is applicable, if
agreed to by the authorized entity.
(2) The department may authorize, in writing, an
authorized entity to operate personal delivery devices under
phase 2 if the authorized entity and its PDD operators have
demonstrated the safe operation of personal delivery devices
under phase 1 and the department has determined the
authorized entity's personal delivery devices can be operated
safely under phase 2 and in accordance with this subchapter.
(3) Following notice and an opportunity for an
administrative hearing, the department may revoke, in
writing, an authorized entity's phase 2 authorization and
change the authorized entity's authorized operational phase
if the department determines the revocation and change is
necessary to ensure public safety and compliance with this
subchapter.
(b) General operation requirement.--Except as to special
operation requirements in subsection (c), An authorized entity
and its PDD operators shall operate personal delivery devices in
accordance with the provisions of Chapter 35 (relating to
special vehicles and pedestrians) applicable to pedestrians.
(c) Additional operation requirements.--An authorized entity
and its PDD operators when operating a personal delivery device
shall:
(1) only operate a personal delivery device according to
the operational phase for which the authorized entity has
been authorized by the department;
(2) utilize a pedestrian area when crossing a roadway
and, if a pedestrian area is not available or not
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practicable, only cross the roadway according to policies or
guidelines established by the department;
(3) be prohibited from making a left turn across one or
more lanes of oncoming traffic on a roadway until or unless
guidelines or policies are established by the department;
(4) utilize the shoulder or berm of a roadway as far as
practicable from the edge of the roadway whenever a shoulder
or berm is available and its use is practicable;
(5) where a shoulder or berm of a roadway is not
available or its use is not practicable, utilize a pedestrian
area, if available;
(6) where neither a pedestrian area nor a shoulder or
berm of a roadway is available, operate the personal delivery
device as near as practicable to the outside edge of the
roadway;
(7) yield the right-of-way to all pedestrians and
pedalcyclists in a pedestrian area;
(8) not transport hazardous materials regulated under 49
U.S.C. § 5103 (relating to general regulatory authority) and
required to be placarded under 49 CFR Pt. 172 Subpt.
F (relating to placarding);
(9) when traveling on a roadway, or shoulder or berm of
a roadway, operate the personal delivery device in the same
direction as required of other vehicles operated on the
roadway;
(10) not exceed speed limits contained in subsection
(d);
(11) not operate on a roadway, or shoulder or berm of a
roadway, under the jurisdiction of the department where the
secretary, by order, has determined the operation to be
hazardous;
(12) not operate on a roadway, or shoulder or berm of a
roadway, under the jurisdiction of the department where the
posted speed limit is greater than 25 miles per hour, except
as permitted in subsection (e);
(13) not operate on a local roadway, or shoulder or berm
of a local roadway, under the jurisdiction of a municipality
where the posted speed limit is greater than 25 miles per
hour, except as permitted in section 8517 (relating to local
regulation);
(14) not operate on an interstate highway or freeway;
(15) comply with ordinances or resolutions adopted by
local authorities under section 8517;
(16) only operate personal delivery devices that comply
with equipment standards established under section 8518
(relating to equipment); and
(17) comply with any other policies or guidelines
established by the department consistent with this
subchapter.
(d) Speed limit.--A personal delivery device may not exceed
12 miles per hour in a pedestrian area and may not exceed 25
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miles per hour on a roadway, or shoulder or berm of a roadway.
(e) Exception.--The department may, by order of the
secretary, permit the use of a personal delivery device upon a
roadway, or shoulder or berm of a roadway, under the
jurisdiction of the department where the posted speed limit is
greater than 25 miles per hour but not greater than 35 miles per
hour.
(f) PDD operator requirement.--No PDD operator may operate a
personal delivery device on behalf of an authorized entity
unless the individual possesses a valid driver's license from a
licensing authority in the United States. The department may not
impose any additional licensing requirements or additional
authorization requirements on a PDD operator.
§ 8517. Local regulation.
(a) Authorization.--A municipality may, by ordinance or
resolution, do the following:
(1) Permit the use of a personal delivery device on a
roadway, or shoulder or berm of a roadway, under the
jurisdiction of the municipality where the posted speed limit
is greater than 25 miles per hour but not greater than 35
miles per hour.
(2) Prohibit the use of a personal delivery device on
any roadway, or shoulder or berm of a roadway, or pedestrian
area under the jurisdiction of the municipality where the
municipality, after consultation with the authorized entity,
determines that the operation of the personal delivery device
would constitute a hazard.
(b) Prohibition.--Except as provided in subsection (a), a
municipality may not regulate the operation of a personal
delivery device operated in a pedestrian area, roadway, or
shoulder or berm of a roadway, under the jurisdiction of the
municipality.
(c) Construction.--
(1) Nothing in this section may be construed to affect
the ability of a municipality to enforce any law, rule or
regulation as it relates to the operation of a personal
delivery device in this Commonwealth.
(2) Nothing in subsection (a) may be construed to permit
a municipality to authorize the use of a personal delivery
device on a roadway, or shoulder or berm of a roadway, under
the jurisdiction of the municipality in a manner that
conflicts with the operation requirements contained in
section 8516 (relating to operation).
(d) Notice required.--An authorized entity shall notify the
governing body of the municipality of the authorized entity's
intent to operate personal delivery devices within the
municipality no less than 30 days prior to the date on which the
authorized entity commences PDD operations within the
municipality.
§ 8518. Equipment.
(a) Prohibition.--No authorized entity may operate a
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personal delivery device on a roadway, or shoulder or berm of a
roadway, or pedestrian area that does not meet the requirements
of this section.
(b) Minimum equipment standards.--A PDD operated by an
authorized entity shall:
(1) Have a maximum width of 32 inches;
(2) Have a maximum length of 42 inches;
(3) Have a maximum height of 72 inches;
(4) Be equipped with a braking system that brings the
PDD to a complete stop from an initial speed of 25 miles an
hour or less.
(5) Be equipped with a lamp that emits a beam of white
light intended to illuminate the personal delivery device's
path and is visible from a distance of at least 500 feet to
the front and a lamp emitting a red flashing light, light-
emitting diode or device visible from a distance of 500 feet
to the rear . An authorized entity may supplement the required
front lamp with a white flashing lamp, light-emitting diode
or similar device to enhance its visibility to other traffic.
(6) Be equipped with software, equipment or technologies
to comply with section 8514(b)(2)(v) (relating to
application).
(c) Identifying markings.--A personal delivery device shall
prominently display, in a size and manner determined by the
department, the following information:
(1) The name of the authorized entity.
(2) The unique identification number assigned to the PDD
and submitted to the department under section 8514(b)(8).
(3) A telephone number of the authorized entity to
report a violation of this title, accident or insurance
claim.
§ 8519. Insurance.
An authorized entity shall maintain an insurance policy that
includes general liability coverage of not less than $100,000
per incident for damages arising from the operation of the
personal delivery device.
§ 8520. Enforcement.
(a) Suspension or revocation of authorization.--Following
notice and an opportunity for an administrative hearing, the
department may suspend or revoke a PDD authorization where a
knowing and willful violation of this subchapter occurred that
resulted in death, serious bodily injury or property damage or
when the authorized entity has demonstrated an inability to
operate safely in accordance with this subchapter.
(b) Appeal.--An authorized entity shall have the right to
appeal PDD authorization suspensions or revocations in
accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies) and 7 Subch. A (relating
to judicial review of Commonwealth agency action).
(c) Prohibition.--The department may not suspend or revoke
the PDD authorization of an authorized entity that self-reports
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an accident involving the authorized entity's personal delivery
devices as required by section 8513(b)(4) (relating to powers of
the department) where the accident was not the fault of the
authorized entity or the authorized entity's PDD operator.
§ 8521. Criminal penalties.
(a) Penalty.--Except as provided for in subsections (b) and
(c), an authorized entity that violates a provision of this
subchapter shall be guilty of a summary offense and shall, upon
conviction, be sentenced to pay a fine of not less than $25 and
no more than $1,000.
(b) Unauthorized operation.--Except as provided for in
subsection (c), a person that violates section 8512 (relating to
general prohibition) shall be guilty of a misdemeanor of the
third degree and shall, upon conviction, be sentenced to pay a
fine of not less than $500.
(c) Suspended or revoked authorization.--A person that
knowingly violates section 8512 and whose authorization was
suspended or revoked by the department shall be guilty of a
misdemeanor of the third degree and shall, upon conviction, be
sentenced to pay a fine of not less than $1,000.
§ 8522. Application of title.
(a) Applicability.--The regulation of personal delivery
devices and authorized entities shall be governed exclusively by
this subchapter or an ordinance or resolution adopted by a
municipality under section 8517 (relating to local regulation).
(b) Exemption.--A personal delivery device shall not be
considered a vehicle or a motor vehicle under section 102
(relating to definitions).
Section 7. This act shall take effect in 90 days.
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See A07132 in
the context
of SB1199