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A07132
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
AS AMENDED ON THIRD CONSIDERATION, JUNE 29, 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.
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.
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:
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* * *
"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.
* * *
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.
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(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 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.
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(3) An individual is not considered to be an agent of a
personal delivery device solely on the basis that the
individual:
(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
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apply:
(i) The secretary may, by order, permit the use of a
personal delivery device upon a highway 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.
(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 OR PEDESTRIAN
AREA under their jurisdiction where the local
authorities , AFTER CONSULTATION WITH A BUSINESS ENTITY
OPERATING A PERSONAL DELIVERY DEVICE, determine that the
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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
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 NOTWITHSTANDING SUBSECTION (D)(3)(II), 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
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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
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
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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
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.
Section 1. The definition of "pedestrian" in section 102 of
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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
(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
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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.
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(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.
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
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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
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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
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
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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
the applicant.
(vi) A description of the cargo or goods the
applicant intends to transport.
(vii) A proposed schedule for safety and maintenance
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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
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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
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.
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(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
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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).
(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
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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
practicable, only cross the roadway according to policies or
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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;
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(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
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
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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
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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
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.
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