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House Study Bill 25 - IntroducedA Bill ForAn Act 1relating to personal delivery devices, providing
2penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 90, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0c. Any personal delivery device operated
4pursuant to chapter 321O.
5 Sec. 2. Section 321.519, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 3. Sections 321.514 through 321.518 and
8this section do not apply to personal delivery devices operated
9pursuant to chapter 321O.
10 Sec. 3. NEW SECTION. 321O.1 Definitions.
11As used in this chapter, unless the context otherwise
12requires:
131. “Agent” means any officer, director, or employee of a
14business entity, or any other person who is authorized to act
15on behalf of a business entity.
162. “Business entity” means a corporation, sole
17proprietorship, association, partnership, limited liability
18company, limited liability partnership, or other legal entity,
19that is formed for the purpose of making a profit.
203. “Pedestrian area” means an area intended to be used by
21any person afoot, including a sidewalk, crosswalk, or safety
22zone, as those terms are defined in section 321.1.
234. “Personal delivery device” or “device” means a device to
24which all of the following apply:
25a. The device is manufactured for transporting cargo and
26goods in a pedestrian area or supplementary area.
27b. The device is equipped with automated driving technology,
28including software and hardware, that enables the operation of
29the device with the remote support and supervision of a natural
30person.
31c. The weight of the device is not greater than five hundred
32fifty pounds, excluding cargo and goods.
33 Sec. 4. NEW SECTION. 321O.2 Applicable law.
341. The operation of a personal delivery device is
35governed exclusively by this chapter and any applicable
-1-1ordinance regulating personal delivery devices adopted by a
2local authority, as defined in section 321.1, that is not
3inconsistent with this chapter.
42. For the purposes of this title, a personal delivery
5device operated in compliance with this chapter shall not be
6considered a vehicle.
7 Sec. 5. NEW SECTION. 321O.3 Operators.
81. A business entity may operate a personal delivery device
9under this chapter only if a natural person who is an agent of
10the business entity has the capability to monitor and remotely
11exercise physical control over the navigation and operation of
12the device while the device is engaged.
132. Except as provided by subsection 3, when a personal
14delivery device operated by a business entity is engaged,
15the business entity is considered to be the operator of the
16device solely for the purpose of assessing compliance with this
17chapter and laws made applicable to the operation of the device
18under this chapter.
193. When a personal delivery device operated by a business
20entity is engaged and an agent of the business entity exercises
21control over the device in a manner that is outside the scope
22of the agent’s office or employment, the agent is considered
23to be the operator of the device solely for the purpose of
24assessing compliance with this chapter and laws made applicable
25to the operation of the device under this chapter.
264. A person is not considered to be the operator of a
27personal delivery device solely because the person requests a
28delivery or service provided by the device or dispatches the
29device.
30 Sec. 6. NEW SECTION. 321O.4 Operation.
311. The operator of a personal delivery device shall ensure
32that, while engaged, the device does all of the following:
33a. Operates in a manner that complies with the provisions
34of chapter 321 applicable to pedestrians, unless the provision
35cannot by its nature apply to the device.
-2- 1b. Yields the right-of-way to all other traffic, including
2pedestrians.
3c. Operates in a manner that does not unreasonably interfere
4with other traffic, including pedestrians.
5d. Complies with any ordinance regulating personal delivery
6devices adopted by a local authority, as defined in section
7321.1, that is not inconsistent with this chapter.
8e. Is monitored or controlled by an agent of the business
9entity operating the device.
10f. Operates in a manner that allows the device to come to a
11controlled stop in a reasonably safe time and distance.
122. The operator of a personal delivery device shall
13ensure that, while engaged, the device does not do any of the
14following:
15a. Obstructs the right-of-way of any other traffic,
16including pedestrians.
17b. Transports any hazardous material regulated by section
18321.450, 49 U.S.C. ch.51, or 49 C.F.R. pt.172, subpt.F.
193. A person who violates this section commits a simple
20misdemeanor punishable as a scheduled violation under section
21805.8A, subsection 9B.
22 Sec. 7. NEW SECTION. 321O.5 Areas of operation.
231. A personal delivery device may operate on any of the
24following:
25a. A pedestrian area at a speed not to exceed twelve miles
26per hour.
27b. A highway in an area without reasonable access to a
28pedestrian area at a speed not to exceed twenty miles per hour
29or the speed limit on the highway, whichever is lower.
302. The operator of a personal delivery device that violates
31this section commits a simple misdemeanor punishable as a
32scheduled violation under section 805.8A, subsection 5.
33 Sec. 8. NEW SECTION. 321O.6 Equipment.
341. A personal delivery device operated under this chapter
35must be equipped with all of the following:
-3- 1a. A marker that clearly states the name and contact
2information of the business entity operating the device and a
3unique identification number.
4b. A braking system that enables the device to come to a
5controlled stop in a reasonably safe time and distance.
62. A personal delivery device operated at the times
7specified in section 321.384 must be equipped with and display
8a lighted lamp on the front and rear of the device, including
9one or more lighted lamps visible on all sides of the device,
10which lamps must be recognizable in clear weather conditions
11from a distance of five hundred feet from the device when the
12device is directly in front of a motor vehicle’s headlamps
13displaying the lowermost distribution of light as discussed in
14section 321.409, subsection 1, paragraph “b”.
153. The operator of a personal delivery device that violates
16subsection 1 commits a simple misdemeanor punishable by a fine
17of at least one hundred dollars but not more than one thousand
18dollars for each violation.
194. The operator of a personal delivery device that
20violates subsection 2 commits a simple misdemeanor punishable
21as a scheduled violation under section 805.8A, subsection
229B. However, the citation shall first provide for a
23seventy-two-hour period within which the operator charged with
24the violation shall replace or repair the lamp as described in
25section 321.385A. If the operator complies with the directive
26to replace or repair the lamp, the citation shall be expunged.
27 Sec. 9. NEW SECTION. 321O.7 Regulation by local
28authorities.
291. A local authority, as defined in section 321.1, shall
30not regulate the operation of a personal delivery device on a
31highway or a pedestrian area in a manner inconsistent with this
32chapter, including but not limited to limiting the hours of
33operation or areas of operation.
342. This section does not affect the power of a local
35authority’s peace officers to enforce the laws of this state
-4-1relating to the operation of a personal delivery device.
2 Sec. 10. NEW SECTION. 321O.8 Insurance.
3A business entity that operates a personal delivery device
4under this chapter shall maintain an insurance policy that
5includes general liability coverage of not less than one
6hundred thousand dollars for damages arising from the operation
7of the device.
8 Sec. 11. Section 805.8A, subsection 5, paragraph a,
9unnumbered paragraph 1, Code 2021, is amended to read as
10follows:
11For excessive speed violations in excess of the limit under
12section 321.236, subsections 5 and 11, section 321.285, section
13321.383, subsection 5, section 321O.5, subsection 1, and
14section 461A.36, the scheduled fine shall be the following:
15 Sec. 12. Section 805.8A, Code 2021, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 9B. Personal delivery device violations.
18a. For violations under section 321O.4, the scheduled fine
19is thirty-five dollars.
20b. For violations under section 321O.6, subsection 2, the
21scheduled fine is forty-five dollars.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill creates a new Code chapter 321O which authorizes
26and regulates the operation of personal delivery devices. A
27personal delivery device is a device equipped with automated
28driving technology manufactured for transporting cargo and
29goods.
30The bill allows business entities to operate personal
31delivery devices. Personal delivery devices are not classified
32as vehicles and must operate in a manner that complies with
33Code provisions applicable to pedestrians. Therefore, by
34operation of law, personal delivery devices are subject to
35traffic-control signals as provided in Code section 321.325,
-5-1the devices must operate on the left side when operating on
2or along a highway as provided in Code section 321.326, the
3devices must yield the right-of-way to all vehicles when
4crossing a roadway at any point other than within a marked
5crosswalk or within an unmarked crosswalk at an intersection as
6provided in Code section 321.328, and the devices must move to
7the right half of crosswalks whenever practicable as provided
8in Code section 321.330.
9The bill establishes minimum requirements for the operation
10of personal delivery devices, including that the devices
11are prohibited from transporting hazardous materials, are
12restricted to operating on pedestrian areas at a maximum speed
13of 12 miles per hour, and are restricted to operating on
14highways in areas without reasonable access to a pedestrian
15area at a maximum speed of 20 miles per hour or the speed limit
16on the highway, whichever is less. The bill also establishes
17minimum equipment requirements for the devices including
18identification markers, braking systems, and lightning.
19The bill allows local authorities to regulate personal
20delivery devices, but those local regulations cannot be
21inconsistent with the bill.
22Business entities that operate personal delivery devices
23must maintain an insurance policy that includes general
24liability coverage of not less than $100,000 for damages
25arising from the operation of the device.
26The bill provides penalties for violations of device
27operation and equipment requirements. Operators of devices
28that exceed the lawful speed limit are subject to a scheduled
29fine based on the level of excess speed as provided in Code
30section 805.8A(5), ranging from $30 for a violation of less
31than five miles per hour over the limit to $135 plus $5 for each
32mile per hour in excess of 20 miles per hour over the limit.
33Operators of devices that violate the operation requirements
34set forth in Code section 321O.4 are subject to a scheduled
35fine of $35 for each violation. Operators of devices that
-6-1fail to meet required identification marker and braking system
2specifications are subject to a fine of at least $100 but not
3more than $1,000 for each violation. Operators of devices that
4fail to meet required lighting specifications are subject to
5a scheduled fine of $45, but are allowed a 72-hour period to
6replace or repair a lamp.
-7-th/ns
2penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 90, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0c. Any personal delivery device operated
4pursuant to chapter 321O.
5 Sec. 2. Section 321.519, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 3. Sections 321.514 through 321.518 and
8this section do not apply to personal delivery devices operated
9pursuant to chapter 321O.
10 Sec. 3. NEW SECTION. 321O.1 Definitions.
11As used in this chapter, unless the context otherwise
12requires:
131. “Agent” means any officer, director, or employee of a
14business entity, or any other person who is authorized to act
15on behalf of a business entity.
162. “Business entity” means a corporation, sole
17proprietorship, association, partnership, limited liability
18company, limited liability partnership, or other legal entity,
19that is formed for the purpose of making a profit.
203. “Pedestrian area” means an area intended to be used by
21any person afoot, including a sidewalk, crosswalk, or safety
22zone, as those terms are defined in section 321.1.
234. “Personal delivery device” or “device” means a device to
24which all of the following apply:
25a. The device is manufactured for transporting cargo and
26goods in a pedestrian area or supplementary area.
27b. The device is equipped with automated driving technology,
28including software and hardware, that enables the operation of
29the device with the remote support and supervision of a natural
30person.
31c. The weight of the device is not greater than five hundred
32fifty pounds, excluding cargo and goods.
33 Sec. 4. NEW SECTION. 321O.2 Applicable law.
341. The operation of a personal delivery device is
35governed exclusively by this chapter and any applicable
-1-1ordinance regulating personal delivery devices adopted by a
2local authority, as defined in section 321.1, that is not
3inconsistent with this chapter.
42. For the purposes of this title, a personal delivery
5device operated in compliance with this chapter shall not be
6considered a vehicle.
7 Sec. 5. NEW SECTION. 321O.3 Operators.
81. A business entity may operate a personal delivery device
9under this chapter only if a natural person who is an agent of
10the business entity has the capability to monitor and remotely
11exercise physical control over the navigation and operation of
12the device while the device is engaged.
132. Except as provided by subsection 3, when a personal
14delivery device operated by a business entity is engaged,
15the business entity is considered to be the operator of the
16device solely for the purpose of assessing compliance with this
17chapter and laws made applicable to the operation of the device
18under this chapter.
193. When a personal delivery device operated by a business
20entity is engaged and an agent of the business entity exercises
21control over the device in a manner that is outside the scope
22of the agent’s office or employment, the agent is considered
23to be the operator of the device solely for the purpose of
24assessing compliance with this chapter and laws made applicable
25to the operation of the device under this chapter.
264. A person is not considered to be the operator of a
27personal delivery device solely because the person requests a
28delivery or service provided by the device or dispatches the
29device.
30 Sec. 6. NEW SECTION. 321O.4 Operation.
311. The operator of a personal delivery device shall ensure
32that, while engaged, the device does all of the following:
33a. Operates in a manner that complies with the provisions
34of chapter 321 applicable to pedestrians, unless the provision
35cannot by its nature apply to the device.
-2- 1b. Yields the right-of-way to all other traffic, including
2pedestrians.
3c. Operates in a manner that does not unreasonably interfere
4with other traffic, including pedestrians.
5d. Complies with any ordinance regulating personal delivery
6devices adopted by a local authority, as defined in section
7321.1, that is not inconsistent with this chapter.
8e. Is monitored or controlled by an agent of the business
9entity operating the device.
10f. Operates in a manner that allows the device to come to a
11controlled stop in a reasonably safe time and distance.
122. The operator of a personal delivery device shall
13ensure that, while engaged, the device does not do any of the
14following:
15a. Obstructs the right-of-way of any other traffic,
16including pedestrians.
17b. Transports any hazardous material regulated by section
18321.450, 49 U.S.C. ch.51, or 49 C.F.R. pt.172, subpt.F.
193. A person who violates this section commits a simple
20misdemeanor punishable as a scheduled violation under section
21805.8A, subsection 9B.
22 Sec. 7. NEW SECTION. 321O.5 Areas of operation.
231. A personal delivery device may operate on any of the
24following:
25a. A pedestrian area at a speed not to exceed twelve miles
26per hour.
27b. A highway in an area without reasonable access to a
28pedestrian area at a speed not to exceed twenty miles per hour
29or the speed limit on the highway, whichever is lower.
302. The operator of a personal delivery device that violates
31this section commits a simple misdemeanor punishable as a
32scheduled violation under section 805.8A, subsection 5.
33 Sec. 8. NEW SECTION. 321O.6 Equipment.
341. A personal delivery device operated under this chapter
35must be equipped with all of the following:
-3- 1a. A marker that clearly states the name and contact
2information of the business entity operating the device and a
3unique identification number.
4b. A braking system that enables the device to come to a
5controlled stop in a reasonably safe time and distance.
62. A personal delivery device operated at the times
7specified in section 321.384 must be equipped with and display
8a lighted lamp on the front and rear of the device, including
9one or more lighted lamps visible on all sides of the device,
10which lamps must be recognizable in clear weather conditions
11from a distance of five hundred feet from the device when the
12device is directly in front of a motor vehicle’s headlamps
13displaying the lowermost distribution of light as discussed in
14section 321.409, subsection 1, paragraph “b”.
153. The operator of a personal delivery device that violates
16subsection 1 commits a simple misdemeanor punishable by a fine
17of at least one hundred dollars but not more than one thousand
18dollars for each violation.
194. The operator of a personal delivery device that
20violates subsection 2 commits a simple misdemeanor punishable
21as a scheduled violation under section 805.8A, subsection
229B. However, the citation shall first provide for a
23seventy-two-hour period within which the operator charged with
24the violation shall replace or repair the lamp as described in
25section 321.385A. If the operator complies with the directive
26to replace or repair the lamp, the citation shall be expunged.
27 Sec. 9. NEW SECTION. 321O.7 Regulation by local
28authorities.
291. A local authority, as defined in section 321.1, shall
30not regulate the operation of a personal delivery device on a
31highway or a pedestrian area in a manner inconsistent with this
32chapter, including but not limited to limiting the hours of
33operation or areas of operation.
342. This section does not affect the power of a local
35authority’s peace officers to enforce the laws of this state
-4-1relating to the operation of a personal delivery device.
2 Sec. 10. NEW SECTION. 321O.8 Insurance.
3A business entity that operates a personal delivery device
4under this chapter shall maintain an insurance policy that
5includes general liability coverage of not less than one
6hundred thousand dollars for damages arising from the operation
7of the device.
8 Sec. 11. Section 805.8A, subsection 5, paragraph a,
9unnumbered paragraph 1, Code 2021, is amended to read as
10follows:
11For excessive speed violations in excess of the limit under
12section 321.236, subsections 5 and 11, section 321.285, section
13321.383, subsection 5, section 321O.5, subsection 1, and
14section 461A.36, the scheduled fine shall be the following:
15 Sec. 12. Section 805.8A, Code 2021, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 9B. Personal delivery device violations.
18a. For violations under section 321O.4, the scheduled fine
19is thirty-five dollars.
20b. For violations under section 321O.6, subsection 2, the
21scheduled fine is forty-five dollars.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill creates a new Code chapter 321O which authorizes
26and regulates the operation of personal delivery devices. A
27personal delivery device is a device equipped with automated
28driving technology manufactured for transporting cargo and
29goods.
30The bill allows business entities to operate personal
31delivery devices. Personal delivery devices are not classified
32as vehicles and must operate in a manner that complies with
33Code provisions applicable to pedestrians. Therefore, by
34operation of law, personal delivery devices are subject to
35traffic-control signals as provided in Code section 321.325,
-5-1the devices must operate on the left side when operating on
2or along a highway as provided in Code section 321.326, the
3devices must yield the right-of-way to all vehicles when
4crossing a roadway at any point other than within a marked
5crosswalk or within an unmarked crosswalk at an intersection as
6provided in Code section 321.328, and the devices must move to
7the right half of crosswalks whenever practicable as provided
8in Code section 321.330.
9The bill establishes minimum requirements for the operation
10of personal delivery devices, including that the devices
11are prohibited from transporting hazardous materials, are
12restricted to operating on pedestrian areas at a maximum speed
13of 12 miles per hour, and are restricted to operating on
14highways in areas without reasonable access to a pedestrian
15area at a maximum speed of 20 miles per hour or the speed limit
16on the highway, whichever is less. The bill also establishes
17minimum equipment requirements for the devices including
18identification markers, braking systems, and lightning.
19The bill allows local authorities to regulate personal
20delivery devices, but those local regulations cannot be
21inconsistent with the bill.
22Business entities that operate personal delivery devices
23must maintain an insurance policy that includes general
24liability coverage of not less than $100,000 for damages
25arising from the operation of the device.
26The bill provides penalties for violations of device
27operation and equipment requirements. Operators of devices
28that exceed the lawful speed limit are subject to a scheduled
29fine based on the level of excess speed as provided in Code
30section 805.8A(5), ranging from $30 for a violation of less
31than five miles per hour over the limit to $135 plus $5 for each
32mile per hour in excess of 20 miles per hour over the limit.
33Operators of devices that violate the operation requirements
34set forth in Code section 321O.4 are subject to a scheduled
35fine of $35 for each violation. Operators of devices that
-6-1fail to meet required identification marker and braking system
2specifications are subject to a fine of at least $100 but not
3more than $1,000 for each violation. Operators of devices that
4fail to meet required lighting specifications are subject to
5a scheduled fine of $45, but are allowed a 72-hour period to
6replace or repair a lamp.
-7-th/ns