House Study Bill 25 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON INFORMATION TECHNOLOGY BILL BY CHAIRPERSON LOHSE) A BILL FOR An Act relating to personal delivery devices, providing 1 penalties, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1908YC (1) 89 th/ns

H.F. _____ 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 1908YC (1) 89 th/ns 1/ 7

H.F. _____ 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 1908YC (1) 89 th/ns 2/ 7

H.F. _____ 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 highway in an area without reasonable access to a 27 pedestrian area at a speed not to exceed twenty miles per hour 28 or the speed limit on the highway, whichever is lower. 29 2. The operator of a personal delivery device that violates 30 this section commits a simple misdemeanor punishable as a 31 scheduled violation under section 805.8A, subsection 5. 32 Sec. 8. NEW SECTION . 321O.6 Equipment. 33 1. A personal delivery device operated under this chapter 34 must be equipped with all of the following: 35 -3- LSB 1908YC (1) 89 th/ns 3/ 7

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

H.F. _____ relating to the operation of a personal delivery device. 1 Sec. 10. NEW SECTION . 321O.8 Insurance. 2 A business entity that operates a personal delivery device 3 under this chapter shall maintain an insurance policy that 4 includes general liability coverage of not less than one 5 hundred thousand dollars for damages arising from the operation 6 of the device. 7 Sec. 11. Section 805.8A, subsection 5, paragraph a, 8 unnumbered paragraph 1, Code 2021, is amended to read as 9 follows: 10 For excessive speed violations in excess of the limit under 11 section 321.236, subsections 5 and 11 , section 321.285 , section 12 321.383, subsection 5 , section 321O.5, subsection 1, and 13 section 461A.36 , the scheduled fine shall be the following: 14 Sec. 12. Section 805.8A, Code 2021, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 9B. Personal delivery device violations. 17 a. For violations under section 321O.4, the scheduled fine 18 is thirty-five dollars. 19 b. For violations under section 321O.6, subsection 2, the 20 scheduled fine is forty-five dollars. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill creates a new Code chapter 321O which authorizes 25 and regulates the operation of personal delivery devices. A 26 personal delivery device is a device equipped with automated 27 driving technology manufactured for transporting cargo and 28 goods. 29 The bill allows business entities to operate personal 30 delivery devices. Personal delivery devices are not classified 31 as vehicles and must operate in a manner that complies with 32 Code provisions applicable to pedestrians. Therefore, by 33 operation of law, personal delivery devices are subject to 34 traffic-control signals as provided in Code section 321.325, 35 -5- LSB 1908YC (1) 89 th/ns 5/ 7

H.F. _____ the devices must operate on the left side when operating on 1 or along a highway as provided in Code section 321.326, the 2 devices must yield the right-of-way to all vehicles when 3 crossing a roadway at any point other than within a marked 4 crosswalk or within an unmarked crosswalk at an intersection as 5 provided in Code section 321.328, and the devices must move to 6 the right half of crosswalks whenever practicable as provided 7 in Code section 321.330. 8 The bill establishes minimum requirements for the operation 9 of personal delivery devices, including that the devices 10 are prohibited from transporting hazardous materials, are 11 restricted to operating on pedestrian areas at a maximum speed 12 of 12 miles per hour, and are restricted to operating on 13 highways in areas without reasonable access to a pedestrian 14 area at a maximum speed of 20 miles per hour or the speed limit 15 on the highway, whichever is less. The bill also establishes 16 minimum equipment requirements for the devices including 17 identification markers, braking systems, and lightning. 18 The bill allows local authorities to regulate personal 19 delivery devices, but those local regulations cannot be 20 inconsistent with the bill. 21 Business entities that operate personal delivery devices 22 must maintain an insurance policy that includes general 23 liability coverage of not less than $100,000 for damages 24 arising from the operation of the device. 25 The bill provides penalties for violations of device 26 operation and equipment requirements. Operators of devices 27 that exceed the lawful speed limit are subject to a scheduled 28 fine based on the level of excess speed as provided in Code 29 section 805.8A(5), ranging from $30 for a violation of less 30 than five miles per hour over the limit to $135 plus $5 for each 31 mile per hour in excess of 20 miles per hour over the limit. 32 Operators of devices that violate the operation requirements 33 set forth in Code section 321O.4 are subject to a scheduled 34 fine of $35 for each violation. Operators of devices that 35 -6- LSB 1908YC (1) 89 th/ns 6/ 7

H.F. _____ fail to meet required identification marker and braking system 1 specifications are subject to a fine of at least $100 but not 2 more than $1,000 for each violation. Operators of devices that 3 fail to meet required lighting specifications are subject to 4 a scheduled fine of $45, but are allowed a 72-hour period to 5 replace or repair a lamp. 6 -7- LSB 1908YC (1) 89 th/ns 7/ 7