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2018 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 11 - Bicycles and Other Vehicles, Regulation of Operation
Section 1119 - Personal delivery device.
Universal Citation: UT Code § 41-6a-1119 (2018)
Effective 5/8/2018
41-6a-1119. Personal delivery device.
Enacted by Chapter 205, 2018 General Session
41-6a-1119. Personal delivery device.
- (1) As used in this section:
- (a) "Eligible entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.
- (b) "Hazardous material" means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation.
- (c) "Personal delivery device" means an electrically powered device to which all of the following apply:
- (i) the device is intended primarily to transport property on a sidewalk or crosswalk;
- (ii) the device weighs less than 150 pounds excluding any property being carried in the device, except that a local highway authority may allow a device within the local highway authority's jurisdiction to exceed this weight limit through a local permit or local ordinance;
- (iii) the device has a maximum speed of 10 miles per hour; and
- (iv) the device is equipped with technology that enables the operation of the device:
- (A) with active control or monitoring by a person;
- (B) without active control or monitoring by a person; or
- (C) both with or without active control or monitoring by a person.
- (d)
- (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 on a sidewalk or crosswalk so long as all of the following requirements are met:
- (a) the personal delivery device is operated in accordance with the local ordinances, if any, established by the local highway authority governing where the personal delivery device is operated;
- (b) a personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device;
- (c) 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
- (d) 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;
- (c) transport hazardous material; or
- (d) operate on a street or highway, except when crossing the street or highway within a crosswalk.
- (4) 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 on a sidewalk or crosswalk.
- (5) A person may not operate a personal delivery device unless the person complies with this section.
- (6) 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).
- (7) A violation of this section is an infraction.
Enacted by Chapter 205, 2018 General Session
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