SB 739 — Personal Delivery Device/PDD/Delivery Robots.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 739 Commerce and Insurance Committee Substitute Adopted 5/27/20 Short Title:

Senators Perry, Searcy, and Sawyer (Primary Sponsors).

Rules and Operations of the Senate May 18, 2020 A BILL TO BE ENTITLED AN ACT TO DEFINE AND REGULATE PERSONAL DELIVERY DEVICES.

– An electrically powered device intended for transporting cargo that is equipped with automated driving technology that enables devicethe operation withof orthe withoutdevice with the remote support and supervision of a humanhuman. and that does not exceed (i) a weight of 500 pounds, excluding cargo, (ii) a length of 40 inches, and (iii) a width of 30 inches.

…." *S739-v-2* General Assembly Of North Carolina Session 2019 SECTION 2.

*S739-v-1* General Assembly Of North Carolina Session 2019 "Personal Delivery Devices.

– A legal entity, including a corporation, limited liability company, partnership, or sole proprietorship, that is formed for the purpose of making a profit.

(a) A business entity may operate a personal delivery device if the business entity isregisters authorized to conduct business in this State in accordance with Chaptersthe 55,Secretary 57D, 59, and 55D of theState General Statutes and may only operate pursuant to theG.S. provisions of this Article.

20-280.22 and operates the personal delivery device pursuant to the provisions of this Article.

Registration;

filing fee.

A business entity shall annually register with the Secretary of State and pay to the Secretary a nonrefundable fee of two hundred fifty dollars ($250.00).

The registration form prescribed by the Secretary shall at a minimum contain the following information:

(1) Proof of insurance meeting the requirements of this Article.

(2) Proof the business entity is authorized to do business in the State.

(3) Resident agent for service of process.

"§ 20-280.23.

A registered business entity shall not operate a personal delivery device unless the business entity complies with all of the following:

(1) The personal delivery device is monitored by a human that is an agent of the registered business entity and the human is able to exercise remote control over the navigation and operation of the personal delivery device.

For(2) theThe purposespersonal ofdelivery thisdevice section,is "agent"operated meansin a personmanner whothat iscomplies notwith lessthe thanprovisions 16of yearsthis ofChapter ageapplicable andto whopedestrians iswhen chargedoperating byin ana entitypedestrian witharea, unless the responsibilityprovision ofcannot monitoringbyits andnature operatingapplyto athe personal delivery device.

(2) The personal delivery device is operated in a manner that complies with the provisions of this Chapter applicable to (i) pedestrians, when the device is operating in a pedestrian area, and (ii) bicycles, when the device is operating on a highway or bicycle lane.

(6) The personal delivery device is only operated in pedestrian areas, at speeds not to exceed 1012 miles per hour, and on highways, at speeds not to exceed 3520 miles per hour.

"§ 20-280.23.20-280.24.

A registered business entity shall not operate a personal delivery device unless the personal delivery device is equipped with all of the following:

Page 2 Senate Bill 739-Second739-First Edition General Assembly Of North Carolina Session 2019 (3) Whenoperatedatnight,thelightsonthefront andrearofthepersonaldelivery device are visible and recognizable under normal atmospheric conditions on all sides of the personal delivery device from 1 to 500 feet from the personal delivery device when directly in front of a motor vehicle projecting lawful low-beam headlights.

"§ 20-280.24.

Local regulation.

(a) Following an opportunity for public input from business entities, a local government may reasonably regulate the operation of personal delivery devices on a highway or pedestrian area for reasons relating to public health, safety, or welfare;

provided, however, that a local government may not outright ban operation of personal delivery devices.

(b) This section does not affect the authority of a law enforcement officer or local government to enforce the laws of this State relating to the operation of a personal delivery device.

Insurance.Local regulation.

(a) A businessmunicipality entitymay thatnot operateslimit a personal delivery device underhours thisor Articleareas shallof maintainoperation anor insuranceregulate policythe thatoperation includes general liability coverage of nota lesspersonal thandelivery onedevice hundredin thousanda dollarsmanner ($100,000)inconsistent perwith claimthis forArticle. damages arising from the operation of the personal delivery device.

(b) Law enforcement officers of the State and of each county and municipality may enforce the provisions of this Article in their jurisdictions.

Insurance.

A registered business entity that operates a personal delivery device under this Article shall maintain an insurance policythat includes general liability coverage of not less than one hundred thousand dollars ($100,000) per claim for damages arising from the operation of the personal delivery device.

"§ 20-280.27.

(a) AAregistered business entityentityshall shallbelegallyresponsiblefortheoperation beofa legally responsible for the operation of a personal delivery device, unless an agent of the registered business entity operates the personal delivery device in a manner that is outside the scope of the agent's authority.

(b) In the absence of criminal intent,intent or willful misconduct, or gross negligence, a person that requests a delivery or service by means of a personal delivery device operated by a registered business entity shall be immune from criminal and civil liability."liability. SECTION 3.

"§ 20-280.28.

Enforcement.