H.F. 304 Section 1. Section 321.1, subsection 90, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0c. Any personal delivery device operated 3 pursuant to chapter 321O. 4 Sec. 2. Section 321.519, Code 2021, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3. Sections 321.514 through 321.518 and 7 this section do not apply to personal delivery devices operated 8 pursuant to chapter 321O. 9 Sec. 3. NEW SECTION . 321O.1 Definitions. 10 As used in this chapter, unless the context otherwise 11 requires: 12 1. “Agent” means any officer, director, or employee of a 13 business entity, or any other person who is authorized to act 14 on behalf of a business entity. 15 2. “Business entity” means a corporation, sole 16 proprietorship, association, partnership, limited liability 17 company, limited liability partnership, or other legal entity, 18 that is formed for the purpose of making a profit. 19 3. “Pedestrian area” means an area intended to be used by 20 any person afoot, including a sidewalk, crosswalk, or safety 21 zone, as those terms are defined in section 321.1. 22 4. “Personal delivery device” or “device” means a device to 23 which all of the following apply: 24 a. The device is manufactured for transporting cargo and 25 goods in a pedestrian area or supplementary area. 26 b. The device is equipped with automated driving technology, 27 including software and hardware, that enables the operation of 28 the device with the remote support and supervision of a natural 29 person. 30 c. The weight of the device is not greater than five hundred 31 fifty pounds, excluding cargo and goods. 32 Sec. 4. NEW SECTION . 321O.2 Applicable law. 33 1. The operation of a personal delivery device is 34 governed exclusively by this chapter and any applicable 35 -1- LSB 1908HV (2) 89 th/ns 1/ 7

H.F. 304 ordinance regulating personal delivery devices adopted by a 1 local authority, as defined in section 321.1, that is not 2 inconsistent with this chapter. 3 2. For the purposes of this title, a personal delivery 4 device operated in compliance with this chapter shall not be 5 considered a vehicle. 6 Sec. 5. NEW SECTION . 321O.3 Operators. 7 1. A business entity may operate a personal delivery device 8 under this chapter only if a natural person who is an agent of 9 the business entity has the capability to monitor and remotely 10 exercise physical control over the navigation and operation of 11 the device while the device is engaged. 12 2. Except as provided by subsection 3, when a personal 13 delivery device operated by a business entity is engaged, 14 the business entity is considered to be the operator of the 15 device solely for the purpose of assessing compliance with this 16 chapter and laws made applicable to the operation of the device 17 under this chapter. 18 3. When a personal delivery device operated by a business 19 entity is engaged and an agent of the business entity exercises 20 control over the device in a manner that is outside the scope 21 of the agent’s office or employment, the agent is considered 22 to be the operator of the device solely for the purpose of 23 assessing compliance with this chapter and laws made applicable 24 to the operation of the device under this chapter. 25 4. A person is not considered to be the operator of a 26 personal delivery device solely because the person requests a 27 delivery or service provided by the device or dispatches the 28 device. 29 Sec. 6. NEW SECTION . 321O.4 Operation. 30 1. The operator of a personal delivery device shall ensure 31 that, while engaged, the device does all of the following: 32 a. Operates in a manner that complies with the provisions 33 of chapter 321 applicable to pedestrians, unless the provision 34 cannot by its nature apply to the device. 35 -2- LSB 1908HV (2) 89 th/ns 2/ 7

H.F. 304 b. Yields the right-of-way to all other traffic, including 1 pedestrians. 2 c. Operates in a manner that does not unreasonably interfere 3 with other traffic, including pedestrians. 4 d. Complies with any ordinance regulating personal delivery 5 devices adopted by a local authority, as defined in section 6 321.1, that is not inconsistent with this chapter. 7 e. Is monitored or controlled by an agent of the business 8 entity operating the device. 9 f. Operates in a manner that allows the device to come to a 10 controlled stop in a reasonably safe time and distance. 11 2. The operator of a personal delivery device shall 12 ensure that, while engaged, the device does not do any of the 13 following: 14 a. Obstructs the right-of-way of any other traffic, 15 including pedestrians. 16 b. Transports any hazardous material regulated by section 17 321.450, 49 U.S.C. ch. 51, or 49 C.F.R. pt. 172, subpt. F. 18 3. A person who violates this section commits a simple 19 misdemeanor punishable as a scheduled violation under section 20 805.8A, subsection 9B. 21 Sec. 7. NEW SECTION . 321O.5 Areas of operation. 22 1. A personal delivery device may operate on any of the 23 following: 24 a. A pedestrian area at a speed not to exceed twelve miles 25 per hour. 26 b. A road, provided that the speed limit on the road is 27 forty miles per hour or less and there is no reasonable access 28 to a pedestrian area, at a speed not to exceed twenty miles per 29 hour or the speed limit on the road, whichever is lower. 30 2. The operator of a personal delivery device that violates 31 this section commits a simple misdemeanor punishable as a 32 scheduled violation under section 805.8A, subsection 5. 33 Sec. 8. NEW SECTION . 321O.6 Equipment. 34 1. A personal delivery device operated under this chapter 35 -3- LSB 1908HV (2) 89 th/ns 3/ 7

H.F. 304 must be equipped with all of the following: 1 a. A marker that clearly states the name and contact 2 information of the business entity operating the device and a 3 unique identification number. 4 b. A braking system that enables the device to come to a 5 controlled stop in a reasonably safe time and distance. 6 2. A personal delivery device operated at the times 7 specified in section 321.384 must be equipped with and display 8 a lighted lamp on the front and rear of the device, including 9 one or more lighted lamps visible on all sides of the device, 10 which lamps must be recognizable in clear weather conditions 11 from a distance of five hundred feet from the device when the 12 device is directly in front of a motor vehicle’s headlamps 13 displaying the lowermost distribution of light as discussed in 14 section 321.409, subsection 1, paragraph “b” . 15 3. The operator of a personal delivery device that violates 16 subsection 1 commits a simple misdemeanor punishable by a fine 17 of at least one hundred dollars but not more than one thousand 18 dollars for each violation. 19 4. The operator of a personal delivery device that 20 violates subsection 2 commits a simple misdemeanor punishable 21 as a scheduled violation under section 805.8A, subsection 22 9B. However, the citation shall first provide for a 23 seventy-two-hour period within which the operator charged with 24 the violation shall replace or repair the lamp as described in 25 section 321.385A. If the operator complies with the directive 26 to replace or repair the lamp, the citation shall be expunged. 27 Sec. 9. NEW SECTION . 321O.7 Regulation by local 28 authorities. 29 1. A local authority, as defined in section 321.1, may 30 prohibit the operation of personal delivery devices on all 31 roads and pedestrian areas, or on certain roads or pedestrian 32 areas, within its jurisdiction. 33 2. Except as authorized under subsection 1, a local 34 authority shall not regulate the operation, equipment, 35 -4- LSB 1908HV (2) 89 th/ns 4/ 7

H.F. 304 licensing, registration, or taxation of a personal 1 delivery device in a manner inconsistent with this chapter, 2 including but not limited to imposing additional taxes, 3 fees, assessments, surcharges, licenses, registrations, 4 or certifications, or by imposing additional restrictions 5 or requirements relating to hours or areas of operation, 6 equipment, or the types of cargo or goods that may be 7 transported. 8 3. This section does not affect the power of a local 9 authority’s peace officers to enforce the laws of this state 10 relating to the operation of a personal delivery device. 11 Sec. 10. NEW SECTION . 321O.8 Insurance. 12 A business entity that operates a personal delivery device 13 under this chapter shall maintain an insurance policy that 14 includes general liability coverage of not less than one 15 hundred thousand dollars for damages arising from the operation 16 of the device. 17 Sec. 11. Section 805.8A, subsection 5, paragraph a, 18 unnumbered paragraph 1, Code 2021, is amended to read as 19 follows: 20 For excessive speed violations in excess of the limit under 21 section 321.236, subsections 5 and 11 , section 321.285 , section 22 321.383, subsection 5 , section 321O.5, subsection 1, and 23 section 461A.36 , the scheduled fine shall be the following: 24 Sec. 12. Section 805.8A, Code 2021, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 9B. Personal delivery device violations. 27 a. For violations under section 321O.4, the scheduled fine 28 is thirty-five dollars. 29 b. For violations under section 321O.6, subsection 2, the 30 scheduled fine is forty-five dollars. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill creates a new Code chapter 321O which authorizes 35 -5- LSB 1908HV (2) 89 th/ns 5/ 7

H.F. 304 and regulates the operation of personal delivery devices. A 1 personal delivery device is a device equipped with automated 2 driving technology manufactured for transporting cargo and 3 goods. 4 The bill allows business entities to operate personal 5 delivery devices. Personal delivery devices are not classified 6 as vehicles and must operate in a manner that complies with 7 Code provisions applicable to pedestrians. Therefore, by 8 operation of law, personal delivery devices are subject to 9 traffic-control signals as provided in Code section 321.325, 10 the devices must operate on the left side when operating on 11 or along a highway as provided in Code section 321.326, the 12 devices must yield the right-of-way to all vehicles when 13 crossing a roadway at any point other than within a marked 14 crosswalk or within an unmarked crosswalk at an intersection as 15 provided in Code section 321.328, and the devices must move to 16 the right half of crosswalks whenever practicable as provided 17 in Code section 321.330. 18 The bill establishes minimum requirements for the operation 19 of personal delivery devices. Devices are prohibited from 20 transporting hazardous materials. Devices are restricted to 21 operating on pedestrian areas at a maximum speed of 12 miles 22 per hour, and are restricted to operating on roads with a 23 speed limit of 40 miles per hour or less and no reasonable 24 access to a pedestrian area at a maximum speed of 20 miles per 25 hour or the speed limit on the road, whichever is lower. The 26 bill also establishes minimum equipment requirements for the 27 devices including identification markers, braking systems, and 28 lighting. 29 The bill allows local authorities to regulate personal 30 delivery devices, but those local regulations cannot be 31 inconsistent with the bill. A local authority may prohibit the 32 operation of devices on all roads and pedestrian areas, or on 33 certain roads or pedestrian areas within its jurisdiction, but 34 cannot otherwise regulate the operation, equipment, licensing, 35 -6- LSB 1908HV (2) 89 th/ns 6/ 7

H.F. 304 registration, or taxation of devices. Local authorities cannot 1 impose additional restrictions or requirements relating to 2 hours or areas of operation, equipment, or the types of cargo 3 or goods that may be transported. 4 Business entities that operate personal delivery devices 5 must maintain an insurance policy that includes general 6 liability coverage of not less than $100,000 for damages 7 arising from the operation of the device. 8 The bill provides penalties for violations of device 9 operation and equipment requirements. Operators of devices 10 that exceed the lawful speed limit are subject to a scheduled 11 fine based on the level of excess speed as provided in Code 12 section 805.8A(5), ranging from $30 for a violation of less 13 than five miles per hour over the limit to $135 plus $5 for each 14 mile per hour in excess of 20 miles per hour over the limit. 15 Operators of devices that violate the operation requirements 16 set forth in Code section 321O.4 are subject to a scheduled 17 fine of $35 for each violation. Operators of devices that 18 fail to meet required identification marker and braking system 19 specifications are subject to a fine of at least $100 but not 20 more than $1,000 for each violation. Operators of devices that 21 fail to meet required lighting specifications are subject to 22 a scheduled fine of $45, but are allowed a 72-hour period to 23 replace or repair a lamp. 24 -7- LSB 1908HV (2) 89 th/ns 7/ 7