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PRINTER'S NO. 1773
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1199
Session of
2020
INTRODUCED BY AUMENT, PHILLIPS-HILL, MENSCH, SCAVELLO, STEFANO
AND PITTMAN, JUNE 15, 2020
REFERRED TO TRANSPORTATION, JUNE 15, 2020
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in highly automated vehicles, further
providing for Highly Automated Vehicle Advisory Committee and
providing for personal delivery devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "pedestrian" in section 102 of
Title 75 of the Pennsylvania Consolidated Statutes is amended 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:
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(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.
* * *
Section 2. Section 8503(h) of 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 a business entity that
operates personal delivery devices.
* * *
(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
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this Commonwealth.
* * *
Section 3. Title 75 is amended by adding a section to read:
§ 8504. Personal delivery devices.
(a) Authorized operators.--The following persons may operate
a personal delivery device:
(1) a business entity or an agent of a business entity
that exercises physical control over the navigation and
operation of the personal delivery device and is within 30
feet of the personal delivery device; or
(2) beginning January 1, 2022, a business entity or an
agent of a business entity that enables the operation of the
personal delivery device with remote support if the agent
possesses a valid driver's license from a licensing authority
in the United States.
(b) Operator designation.--The following shall apply:
(1) When a personal delivery device operated by a
business entity is engaged, the business entity is the
operator of the device solely for the purpose of assessing
compliance with applicable traffic laws.
(2) When a personal delivery device operated by a
business entity is in operation and an agent of the entity
controls the personal delivery device in a manner that is
outside the scope of the agent's office or employment, the
agent shall be considered the operator of the personal
delivery device for the purpose of assessing compliance with
applicable traffic laws.
(3) An individual is not considered to be an agent of a
personal delivery device solely on the basis that the
individual:
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(i) requests a delivery or service provided by the
personal delivery device; or
(ii) dispatches the personal delivery device.
(c) Operation requirements.--A personal delivery device
operated under this section shall:
(1) operate in a manner that complies with the
provisions of Chapter 35 (relating to special vehicles and
pedestrians), as applicable;
(2) yield or clear the right-of-way to all other
traffic, including pedestrians;
(3) refrain from unreasonably interfering with traffic,
including pedestrians;
(4) comply with all municipal codes and ordinances
consistent with this act;
(5) refrain from transporting hazardous materials
regulated under section 5103 of the Hazardous Materials
Transportation Act (Public Law 93-633 § 112(a), 88 Stat.
2161) and required to be placarded under 49 CFR Pt. 172
Subpt. F (relating to placarding); and
(6) remain monitored or controlled as provided under
subsection (a).
(d) Areas of operation.--A personal delivery device may be
operated:
(1) In a pedestrian area.
(2) On the berm or shoulder of a highway or roadway
under the jurisdiction of the department with a posted speed
limit not in excess of 25 miles per hour. The following shall
apply:
(i) The secretary may, by order, permit the use of a
personal delivery device upon a highway under the
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jurisdiction of the department where the posted speed
limit is greater than 25 miles per hour but not greater
than 35 miles per hour.
(ii) The secretary may, by order, prohibit the use
of a personal delivery device on any highway under the
jurisdiction of the department where the secretary
determines that the operation of the personal delivery
device would constitute a hazard.
(iii) Any order issued by the secretary under
subparagraph (i) or (ii) shall be transmitted to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
(3) On local roadways under the jurisdiction of local
authorities with a posted speed limit not greater than 25
miles per hour. The following shall apply:
(i) Local authorities may, by ordinance or
resolution, as appropriate, in the case of any roadway
under its jurisdiction, permit the use of a personal
delivery device where the posted speed limit is greater
than 25 miles per hour but not greater than 35 miles per
hour.
(ii) Local authorities may, by ordinance or
resolution, as appropriate, prohibit the use of a
personal delivery device on any roadway under their
jurisdiction where the local authorities determine that
the operation of a personal delivery device would
constitute a hazard.
(4) A personal delivery device is not permitted to
operate on an interstate highway or freeway.
(e) Personal delivery device equipment.--A personal delivery
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device operated under this act must be equipped with:
(1) clearly identifiable markers approved by the
department that state the name, contact information and
unique identification number of the owner of the personal
delivery device;
(2) braking systems certified by a third party that
enable the personal delivery device to come to a controlled
stop from an initial speed of 25 miles per hour or less on a
dry, level and clean thoroughfare; and
(3) 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 red
reflector facing to the rear that is visible at least 500
feet to the rear. A personal delivery device operator may
supplement the required front lamp with a white flashing
lamp, light-emitting diode or similar device to enhance its
visibility to other traffic and with a lamp emitting a red
flashing light, light-emitting diode or device visible from a
distance of 500 feet to the rear.
(f) Local regulation.--The following shall apply:
(1) Local authorities may not regulate the operation of
a personal delivery device operated in a pedestrian area,
highway or local roadway in a manner that is inconsistent
with this act, including, but not limited to, limiting the
hours of operation or restricting areas of operation.
(2) Nothing in this act may be construed to affect the
ability of local authorities to enforce any law, rule or
regulation as it relates to the operation of a personal
delivery device in this Commonwealth.
(g) Insurance.--A business entity and an agent of a business
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entity shall maintain an insurance policy that includes general
liability coverage of not less than $100,000 for damages arising
from the lawful operation of the personal delivery device.
(h) Applicability.--The operation of a personal delivery
device shall be governed exclusively by:
(1) this act; and
(2) municipal codes and ordinances consistent with the
provisions of this act.
(i) Violations.--Any person operating a personal delivery
device upon a highway or roadway or crossing a highway or
roadway in violation of this act shall be subject to the
penalties under section 6502 (relating to summary offenses).
(j) Plan for general operations for personal delivery
devices.--The following apply:
(1) The department shall be the lead Commonwealth agency
on personal delivery devices.
(2) A business entity may operate a personal delivery
device if the business entity files an annual plan for
general operation with the department. The department shall
review the plan in consultation with local authorities, as
applicable. If the plan is not rejected by the department
within 30 days after receipt of the plan, the business entity
may operate the personal delivery device.
(k) Exemption.--A personal delivery device shall be
regulated as a pedestrian and shall not be deemed a vehicle
under section 102 (relating to definitions).
(l) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agent." A director, officer, employee or other person
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authorized to act on behalf of a business entity.
"Business entity." A legal entity, including a for-profit
corporation, nonprofit corporation, partnership or sole
proprietorship, registered with the Department of State or an
educational institution.
"Department." The Department of Transportation of the
Commonwealth.
"Pedestrian area." A sidewalk, crosswalk, safety zone or
similar area for pedestrians.
"Personal delivery device." A device that:
(1) is manufactured for transporting cargo and goods in
a pedestrian area, trafficway or on the berm or shoulder of a
highway or roadway;
(2) is equipped with an automated driving system,
including software and hardware;
(3) is not capable of exceeding a speed of 12 miles per
hour in a pedestrian area or trafficway;
(4) is not capable of exceeding a speed of 25 miles per
hour on the berm or shoulder of a highway or roadway; and
(5) weighs less than 550 pounds without cargo and goods.
"Secretary." The Secretary of Transportation of the
Commonwealth.
Section 4. This act shall take effect in 60 days.
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