Amendment vs bill House Amendment A07132 vs Printer's No. 1952

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
HOUSE AMENDED PRIOR PRINTER'S NOS.
S1199B1823A07132 DMS:EJH 09/15/20 #90 A07132 AMENDMENTS TO SENATE BILL NO.
1773, 1823 PRINTER'S NO.
1199 Sponsor:
1952 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
REPRESENTATIVE SCHROEDER Printer's No.
1199 2020 INTRODUCED BY AUMENT, PHILLIPS-HILL, MENSCH, SCAVELLO, STEFANO AND PITTMAN, JUNE 15, 2020 AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 17, 2020 AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated <-- Statutes, in general provisions, further providing for providing for Highly Automated Vehicle Advisory Committee and providing for personal delivery devices.
1823 Amend Bill, page 1, lines 1 through 5, by striking out all of said lines and inserting Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions;
AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED <-- STATUTES, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS;
in highly automated vehicles, further providing for definitions and for Highly Automated Vehicle Advisory Committee and providing for personal delivery devices;
IN HIGHLY AUTOMATED VEHICLES, FURTHER PROVIDING FOR DEFINITIONS AND FOR HIGHLY AUTOMATED VEHICLE ADVISORY COMMITTEE AND PROVIDING FOR PERSONAL DELIVERY DEVICES;
and making editorial changes.
AND MAKING EDITORIAL CHANGES.
Amend Bill, page 1, lines 8 through 19;
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
pages 2 through 7, lines 1 through 30;
Section 1.
page 8, lines 1 through 26;
The definition of "pedestrian" in section 102 of <-- Title 75 of the Pennsylvania Consolidated Statutes is amended to read:
by striking out all of said lines on said pages and inserting Section 1.
The definition of "pedestrian" in section 102 of Title 75 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding a definition to read:
(3) a personal delivery device.
* * * "Personal delivery device" or "PDD." A ground delivery device that:
(1) is manufactured for transporting cargo or goods;
(2) is operated by an automated driving system or a driving system that allows remote operation, or both;
and 2020/90DMS/SB1199A07132 - 1 - (3) weighs 550 pounds or less without cargo or goods.
Section 8503(h) of Title 75 is amended and subsection (b)(9) is amended by adding a subparagraph to read:
Chapter 85 of Title 75 is amended by adding a subchapter heading to read:
SUBCHAPTER A PRELIMINARY PROVISIONS Section 3.
Section 8501 of Title 75 is amended by adding a definition to read:
§ 8501.
Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
* * * "Authorized entity".
A person holding a PDD authorization.
Section 4.
Chapter 85 of Title 75 is amended by adding a subchapter heading immediately preceding section 8502 to read:
SUBCHAPTER B HIGHLY AUTOMATED VEHICLES Section 5.
Section 8503 (h) Title 75 is amended and subsection (b)(9) is amended by adding a subparagraph to read:
* * * (xi) One member representing a business entity that operates personal delivery devices.
* * * (xi) One member representing an authorized entity.
20200SB1199PN1952 - 2 - (3) Reviewing existing laws, regulations and policies.
(3) Reviewing existing laws, regulations and policies.
* * * Section 3.
* * * Section 6.
Title 75 is amended by adding a section to read:
Chapter 85 of Title 75 is amended by adding a subchapter to read:
§ 8504.
SUBCHAPTER C PERSONAL DELIVERY DEVICES Sec.
Personal delivery devices.
(a) Authorized operators.--The following persons may operate a personal delivery device:
(1) a business entity or an agent of a business entity that exercises physical control over the navigation and operation of the personal delivery device and is within 30 feet of the personal delivery device;
or (2) beginning January 1, 2022, a business entity or an agent of a business entity that enables the operation of the personal delivery device with remote support if the agent possesses a valid driver's license from a licensing authority in the United States.
(b) Operator designation.--The following shall apply:
(1) When a personal delivery device operated by a business entity is engaged, the business entity is the operator of the device solely for the purpose of assessing compliance with applicable traffic laws.
(2) When a personal delivery device operated by a business entity is in operation and an agent of the entity controls the personal delivery device in a manner that is outside the scope of the agent's office or employment, the agent shall be considered the operator of the personal delivery device for the purpose of assessing compliance with 20200SB1199PN1952 - 3 - applicable traffic laws.
Show all 293 changed rows (253 more)
Previous
Latest
(3) An individual is not considered to be an agent of a personal delivery device solely on the basis that the individual:
(i) requests a delivery or service provided by the personal delivery device;
or (ii) dispatches the personal delivery device.
(c) Operation requirements.--A personal delivery device operated under this section shall:
(1) operate in a manner that complies with the provisions of Chapter 35 (relating to special vehicles and pedestrians), as applicable;
(2) yield or clear the right-of-way to all other traffic, including pedestrians;
(3) refrain from unreasonably interfering with traffic, including pedestrians;
(4) comply with all municipal codes and ordinances consistent with this act;
(5) refrain from transporting hazardous materials regulated under section 5103 of the Hazardous Materials Transportation Act (Public Law 93-633 § 112(a), 88 Stat.
2161) and required to be placarded under 49 CFR Pt.
172 Subpt.
F (relating to placarding);
and (6) remain monitored or controlled as provided under subsection (a).
(d) Areas of operation.--A personal delivery device may be operated:
(1) In a pedestrian area.
(2) On the berm or shoulder of a highway or roadway under the jurisdiction of the department with a posted speed 20200SB1199PN1952 - 4 - limit not in excess of 25 miles per hour.
The following shall apply:
(i) The secretary may, by order, permit the use of a personal delivery device upon a highway under the jurisdiction of the department where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour.
(ii) The secretary may, by order, prohibit the use of a personal delivery device on any highway under the jurisdiction of the department where the secretary determines that the operation of the personal delivery device would constitute a hazard.
(iii) Any order issued by the secretary under subparagraph (i) or (ii) shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) On local roadways under the jurisdiction of local authorities with a posted speed limit not greater than 25 miles per hour.
The following shall apply:
(i) Local authorities may, by ordinance or resolution, as appropriate, in the case of any roadway under its jurisdiction, permit the use of a personal delivery device where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour.
(ii) Local authorities may, by ordinance or resolution, as appropriate, prohibit the use of a personal delivery device on any roadway or pedestrian area under their jurisdiction where the local authorities, after consultation with a business entity 20200SB1199PN1952 - 5 - operating a personal delivery device, determine that the operation of a personal delivery device would constitute a hazard.
(4) A personal delivery device is not permitted to operate on an interstate highway or freeway.
(e) Personal delivery device equipment.--A personal delivery device operated under this act must be equipped with:
(1) clearly identifiable markers approved by the department that state the name, contact information and unique identification number of the owner of the personal delivery device;
(2) braking systems certified by a third party that enable the personal delivery device to come to a controlled stop from an initial speed of 25 miles per hour or less on a dry, level and clean thoroughfare;
and (3) a lamp that emits a beam of white light intended to illuminate the personal delivery device's path and is visible from a distance of at least 500 feet to the front and a red reflector facing to the rear that is visible at least 500 feet to the rear.
A personal delivery device operator may supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance its visibility to other traffic and with a lamp emitting a red flashing light, light-emitting diode or device visible from a distance of 500 feet to the rear.
(f) Local regulation.--The following shall apply:
(1) Notwithstanding subsection (d)(3)(ii), local authorities may not regulate the operation of a personal delivery device operated in a pedestrian area, highway or local roadway in a manner that is inconsistent with this act, 20200SB1199PN1952 - 6 - including, but not limited to, limiting the hours of operation or restricting areas of operation.
(2) Nothing in this act may be construed to affect the ability of local authorities to enforce any law, rule or regulation as it relates to the operation of a personal delivery device in this Commonwealth.
(g) Insurance.--A business entity and an agent of a business entity shall maintain 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.
(h) Applicability.--The operation of a personal delivery device shall be governed exclusively by:
(1) this act;
and (2) municipal codes and ordinances consistent with the provisions of this act.
(i) Violations.--Any person operating a personal delivery device upon a highway or roadway or crossing a highway or roadway in violation of this act shall be subject to the penalties under section 6502 (relating to summary offenses).
(j) Plan for general operations for personal delivery devices.--The following apply:
(1) The department shall be the lead Commonwealth agency on personal delivery devices.
(2) A business entity may operate a personal delivery device if the business entity files an annual plan for general operation with the department.
The department shall review the plan in consultation with local authorities, as applicable.
If the plan is not rejected by the department within 30 days after receipt of the plan, the business entity may operate the personal delivery device.
20200SB1199PN1952 - 7 - (k) Exemption.--A personal delivery device shall be regulated as a pedestrian and shall not be deemed a vehicle under section 102 (relating to definitions).
(l) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Agent." A director, officer, employee or other person authorized to act on behalf of a business entity.
"Business entity." A legal entity, including a for-profit corporation, nonprofit corporation, partnership or sole proprietorship, registered with the Department of State or an educational institution.
"Department." The Department of Transportation of the Commonwealth.
"Pedestrian area." A sidewalk, crosswalk, safety zone or similar area for pedestrians.
"Personal delivery device." A device that:
(1) is manufactured for transporting cargo and goods in a pedestrian area, trafficway or on the berm or shoulder of a highway or roadway;
(2) is equipped with an automated driving system, including software and hardware;
(3) is not capable of exceeding a speed of 12 miles per hour in a pedestrian area or trafficway;
(4) is not capable of exceeding a speed of 25 miles per hour on the berm or shoulder of a highway or roadway;
and (5) weighs less than 550 pounds without cargo and goods.
"Secretary." The Secretary of Transportation of the Commonwealth.
Section 4.
This act shall take effect in 60 days.
20200SB1199PN1952 - 8 - SECTION 1.
THE DEFINITION OF "PEDESTRIAN" IN SECTION 102 OF <-- TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
§ 102.
DEFINITIONS.
SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
* * * "PEDESTRIAN." [A NATURAL PERSON AFOOT.] ANY OF THE FOLLOWING:
(1) AN INDIVIDUAL AFOOT.
(2) AN INDIVIDUAL WITH A MOBILITY-RELATED DISABILITY ON A SELF-PROPELLED WHEELCHAIR OR AN ELECTRICAL MOBILITY DEVICE OPERATED BY AND DESIGNATED FOR THE EXCLUSIVE USE OF AN INDIVIDUAL WITH A MOBILITY-RELATED DISABILITY.
(3) A PERSONAL DELIVERY DEVICE.
* * * "PERSONAL DELIVERY DEVICE" OR "PDD." A GROUND DELIVERY DEVICE THAT:
(1) IS MANUFACTURED FOR TRANSPORTING CARGO OR GOODS;
(2) IS OPERATED BY AN AUTOMATED DRIVING SYSTEM OR A DRIVING SYSTEM THAT ALLOWS REMOTE OPERATION, OR BOTH;
AND (3) WEIGHS 550 POUNDS OR LESS WITHOUT CARGO OR GOODS.
* * * SECTION 2.
CHAPTER 85 OF TITLE 75 IS AMENDED BY ADDING A SUBCHAPTER HEADING TO READ:
SUBCHAPTER A PRELIMINARY PROVISIONS 20200SB1199PN1952 - 9 - SECTION 3.
SECTION 8501 OF TITLE 75 IS AMENDED BY ADDING A DEFINITION TO READ:
§ 8501.
DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
* * * "AUTHORIZED ENTITY".
A PERSON HOLDING A PDD AUTHORIZATION.
SECTION 4.
CHAPTER 85 OF TITLE 75 IS AMENDED BY ADDING A SUBCHAPTER HEADING IMMEDIATELY PRECEDING SECTION 8502 TO READ:
SUBCHAPTER B HIGHLY AUTOMATED VEHICLES SECTION 5.
SECTION 8503 (H) TITLE 75 IS AMENDED AND SUBSECTION (B)(9) IS AMENDED BY ADDING A SUBPARAGRAPH TO READ:
§ 8503.
HIGHLY AUTOMATED VEHICLE ADVISORY COMMITTEE.
* * * (B) COMPOSITION.--THE ADVISORY COMMITTEE SHALL CONSIST OF THE FOLLOWING MEMBERS:
* * * (9) THE FOLLOWING MEMBERS TO BE APPOINTED BY THE GOVERNOR:
* * * (XI) ONE MEMBER REPRESENTING AN AUTHORIZED ENTITY.
* * * (H) POWERS.--THE ADVISORY COMMITTEE SHALL HAVE THE POWER TO ADVISE AND CONSULT THE SECRETARY ON EACH ASPECT OF HIGHLY AUTOMATED VEHICLES [AND], PLATOONING AND PERSONAL DELIVERY DEVICES IN THIS COMMONWEALTH AND MAY UNDERTAKE ANY OF THE FOLLOWING:
(1) DEVELOPING TECHNICAL GUIDANCE.
20200SB1199PN1952 - 10 - (2) EVALUATING BEST PRACTICES.
(3) REVIEWING EXISTING LAWS, REGULATIONS AND POLICIES.
(4) ENGAGING IN CONTINUED RESEARCH AND EVALUATION OF CONNECTED AND AUTOMATED SYSTEMS TECHNOLOGY NECESSARY TO ENSURE SAFE TESTING, DEPLOYMENT AND CONTINUED INNOVATION IN THIS COMMONWEALTH.
* * * SECTION 6.
CHAPTER 85 OF TITLE 75 IS AMENDED BY ADDING A SUBCHAPTER TO READ:
SUBCHAPTER C PERSONAL DELIVERY DEVICES SEC.
DEFINITIONS.
Definitions.
GENERAL PROHIBITION.
General prohibition.
POWERS OF DEPARTMENT.
Powers of department.
8514.
2020/90DMS/SB1199A07132 - 2 - 8514.
APPLICATION.
Application.
AUTHORIZATION ISSUANCE AND RENEWAL.
Authorization issuance and renewal.
OPERATION.
Operation.
LOCAL REGULATION.
Local regulation.
EQUIPMENT.
Equipment.
INSURANCE.
Insurance.
ENFORCEMENT.
Enforcement.
CRIMINAL PENALTIES.
Criminal penalties.
APPLICATION OF TITLE.
Application of title.
DEFINITIONS.
Definitions.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"MUNICIPALITY." THE TERM DOES NOT INCLUDE A COUNTY.
"Municipality." The term does not include a county.
"OPERATIONAL PHASE." PHASE 1 OR PHASE 2.
"Operational phase." Phase 1 or phase 2.
20200SB1199PN1952 - 11 - "PDD AUTHORIZATION." AN AUTHORIZATION ISSUED BY THE DEPARTMENT UNDER SECTION 8515 (RELATING TO APPLICATION ISSUANCE AND RENEWAL) PERMITTING THE OPERATION OF A PERSONAL DELIVERY DEVICE IN ACCORDANCE WITH THIS SUBCHAPTER.
"PDD authorization." An authorization issued by the department under section 8515 (relating to application issuance and renewal) permitting the operation of a personal delivery device in accordance with this subchapter.
"PDD OPERATOR." AN EMPLOYEE OF AN AUTHORIZED ENTITY PERMITTED BY THE AUTHORIZED ENTITY TO REMOTELY CONTROL, MONITOR OR OTHERWISE OPERATE A PERSONAL DELIVERY DEVICE ON BEHALF OF THE AUTHORIZED ENTITY AS PROVIDED UNDER THIS SUBCHAPTER.
"PDD operator." An employee of an authorized entity permitted by the authorized entity to remotely control, monitor or otherwise operate a personal delivery device on behalf of the authorized entity as provided under this subchapter.
THE TERM DOES NOT INCLUDE AN INDIVIDUAL WHO REQUESTS A DELIVERY OR SERVICE PROVIDED BY THE PERSONAL DELIVERY DEVICE OR DISPATCHES THE PERSONAL DELIVERY DEVICE.
The term does not include an individual who requests a delivery or service provided by the personal delivery device or dispatches the personal delivery device.
"PEDESTRIAN AREA." A SIDEWALK, CROSSWALK, SAFETY ZONE, PEDESTRIAN TUNNEL, OVERHEAD PEDESTRIAN CROSSING OR SIMILAR AREA FOR PEDESTRIANS.
"Pedestrian area." A sidewalk, crosswalk, safety zone, pedestrian tunnel, overhead pedestrian crossing or similar area for pedestrians.
"PHASE 1." THE OPERATION OF A PERSONAL DELIVERY DEVICE THROUGH AN AUTOMATED DRIVING SYSTEM BY AN AUTHORIZED ENTITY WHERE THE DEVICE IS CONTROLLED REMOTELY AND A PDD OPERATOR IS WITHIN 30 FEET OF THE PDD AND WITHIN THE LINE OF SIGHT OF THE PDD.
"Phase 1." The operation of a personal delivery device through an automated driving system by an authorized entity where the device is controlled remotely and a PDD operator is within 30 feet of the PDD and within the line of sight of the PDD.
"PHASE 2." THE OPERATION OF A PERSONAL DELIVERY DEVICE THROUGH AN AUTOMATED DRIVING SYSTEM BY AN AUTHORIZED ENTITY WHERE THE DEVICE IS MONITORED REMOTELY BY A PDD OPERATOR AND THE AUTOMATED SYSTEM IS CAPABLE OF BEING CONTROLLED AND OVERRIDDEN REMOTELY BY THE PDD OPERATOR.
"Phase 2." The operation of a personal delivery device through an automated driving system by an authorized entity where the device is monitored remotely by a PDD operator and the automated system is capable of being controlled and overridden remotely by the PDD operator.
GENERAL PROHIBITION.
General prohibition.
NO PERSON MAY OPERATE A PERSONAL DELIVERY DEVICE ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, OR IN A PEDESTRIAN AREA UNLESS:
No person may operate a personal delivery device on a roadway, or shoulder or berm of a roadway, or in a pedestrian area unless:
(1) THE PERSON HOLDS A PDD AUTHORIZATION FROM THE DEPARTMENT OR IS A PDD OPERATOR;
(1) the person holds a PDD authorization from the department or is a PDD operator;
AND 20200SB1199PN1952 - 12 - (2) THE PERSONAL DELIVERY DEVICE IS OPERATED IN ACCORDANCE WITH THIS SUBCHAPTER.
and (2) the personal delivery device is operated in accordance with this subchapter.
POWERS OF DEPARTMENT.
Powers of department.
(A) GENERAL POWERS.--EXCEPT AS PERMITTED UNDER SECTION 8517 (RELATING TO LOCAL REGULATION), THE DEPARTMENT SHALL HAVE GENERAL AND SOLE REGULATORY AUTHORITY OVER THE OPERATION OF PERSONAL DELIVERY DEVICES AND AUTHORIZED ENTITIES AS DESCRIBED IN THIS SUBCHAPTER TO ENSURE THE SAFE OPERATION OF PERSONAL DELIVERY DEVICES ON ROADWAYS, OR SHOULDERS OR BERMS OF ROADWAYS, AND IN PEDESTRIAN AREAS.
(a) General powers.--Except as permitted under section 8517 (relating to local regulation), the department shall have general and sole regulatory authority over the operation of 2020/90DMS/SB1199A07132 - 3 - personal delivery devices and authorized entities as described in this subchapter to ensure the safe operation of personal delivery devices on roadways, or shoulders or berms of roadways, and in pedestrian areas.
(B) SPECIFIC POWERS AND DUTIES.--THE DEPARTMENT SHALL HAVE THE FOLLOWING SPECIFIC POWERS AND DUTIES:
(b) Specific powers and duties.--The department shall have the following specific powers and duties:
(1) TO ISSUE, APPROVE, RENEW, REVOKE, SUSPEND, CONDITION OR DENY ISSUANCE OR RENEWAL OF PDD AUTHORIZATIONS.
(1) To issue, approve, renew, revoke, suspend, condition or deny issuance or renewal of PDD authorizations.
(2) BY ORDER OF THE SECRETARY, TO PROHIBIT THE USE OF A PERSONAL DELIVERY DEVICE ON ANY ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, UNDER THE JURISDICTION OF THE DEPARTMENT WHERE THE SECRETARY DETERMINES THAT THE OPERATION OF THE PERSONAL DELIVERY DEVICE WOULD CONSTITUTE A HAZARD.
(2) By order of the secretary, to prohibit the use of a personal delivery device on any roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the secretary determines that the operation of the personal delivery device would constitute a hazard.
(3) TO DISPLAY, ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE, THE FOLLOWING:
(3) To display, on the department's publicly accessible Internet website, the following:
(I) A LIST OF AUTHORIZED ENTITIES THAT INCLUDES THE AUTHORIZED OPERATIONAL PHASE OF EACH AUTHORIZED ENTITY.
(i) a list of authorized entities that includes the authorized operational phase of each authorized entity.
(II) ANY ORDER ISSUED BY THE SECRETARY UNDER THIS SUBCHAPTER.
(ii) any order issued by the secretary under this subchapter.
(III) POLICIES OR GUIDELINES ISSUED BY THE DEPARTMENT CONSISTENT WITH THIS SUBCHAPTER.
(iii) policies or guidelines issued by the department consistent with this subchapter.
(4) TO REQUIRE AN AUTHORIZED ENTITY TO SELF-REPORT TO THE DEPARTMENT AND THE LAW ENFORCEMENT AGENCY OF THE MUNICIPALITY GOVERNING THE RIGHT-OF-WAY CONTAINING THE 20200SB1199PN1952 - 13 - PEDESTRIAN AREA OR ROADWAY, OR SHOULDER OR BERM OF THE ROADWAY, AN ACCIDENT INVOLVING ANY OF THE AUTHORIZED ENTITY'S PERSONAL DELIVERY DEVICES THAT RESULTED IN BODILY INJURY OR DAMAGE TO PROPERTY WITHIN 24 HOURS OF THE ACCIDENT.
(4) To require an authorized entity to self-report to the department and the law enforcement agency of the municipality governing the right-of-way containing the pedestrian area or roadway, or shoulder or berm of the roadway, an accident involving any of the authorized entity's personal delivery devices that resulted in bodily injury or damage to property within 24 hours of the accident.
(5) TO ESTABLISH POLICIES OR GUIDELINES CONSISTENT WITH THIS SUBCHAPTER.
(5) To establish policies or guidelines consistent with this subchapter.
APPLICATION.
Application.
(A) APPLICATION.--AN APPLICATION FOR A PDD AUTHORIZATION OR RENEWAL APPLICATION FOR A PDD AUTHORIZATION SHALL BE ON A FORM AND SUBMITTED IN A MANNER AS DETERMINED BY THE DEPARTMENT.
(a) Application.--An application for a PDD authorization or renewal application for a PDD authorization shall be on a form and submitted in a manner as determined by the department.
(B) CONTENTS OF APPLICATION.--AN APPLICATION SUBMITTED TO THE DEPARTMENT UNDER SUBSECTION (A) SHALL INCLUDE THE FOLLOWING:
(b) Contents of application.--An application submitted to the department under subsection (a) shall include the following:
(1) NAME, ADDRESS AND CONTACT INFORMATION OF THE APPLICANT.
(1) Name, address and contact information of the applicant.
(2) A GENERAL OPERATIONAL PLAN THAT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
(2) A general operational plan that includes, but is not limited to, the following:
(I) THE MUNICIPALITIES IN WHICH THE APPLICANT INTENDS TO OPERATE PERSONAL DELIVERY DEVICES.
(i) The municipalities in which the applicant intends to operate personal delivery devices.
(II) THE ANTICIPATED HIGHWAYS AND PEDESTRIAN AREAS THAT THE APPLICANT'S PERSONAL DELIVERY DEVICES WILL BE UTILIZED TO TRANSPORT GOODS AND CARGO.
(ii) The anticipated highways and pedestrian areas that the applicant's personal delivery devices will be utilized to transport goods and cargo.
(III) A DESCRIPTION OF THE TRAINING PROCEDURES FOR PDD OPERATORS.
(iii) A description of the training procedures for PDD operators.
(IV) THE MANUFACTURER AND MODEL OF PERSONAL DELIVERY DEVICES THE APPLICANT INTENDS TO DEPLOY.
(iv) The manufacturer and model of personal delivery devices the applicant intends to deploy.
(V) A DESCRIPTION OF HOW A POLICE OFFICER OR OTHER EMERGENCY RESPONDER MAY STOP OR DISABLE A PDD OPERATED BY THE APPLICANT.
(v) A description of how a police officer or other emergency responder may stop or disable a PDD operated by 2020/90DMS/SB1199A07132 - 4 - the applicant.
(VI) A DESCRIPTION OF THE CARGO OR GOODS THE APPLICANT INTENDS TO TRANSPORT.
(vi) A description of the cargo or goods the applicant intends to transport.
20200SB1199PN1952 - 14 - (VII) A PROPOSED SCHEDULE FOR SAFETY AND MAINTENANCE INSPECTIONS OF PDDS.
(vii) A proposed schedule for safety and maintenance inspections of PDDs.
(VIII) INFORMATION REGARDING THE OPERATIONAL PHASES IN WHICH THE APPLICANT'S PERSONAL DELIVERY DEVICES ARE CAPABLE OF OPERATING.
(viii) Information regarding the operational phases in which the applicant's personal delivery devices are capable of operating.
(3) ANY INFORMATION OR RECORDS DEEMED REASONABLY NECESSARY TO AID THE DEPARTMENT'S REVIEW OF THE SUBMITTED APPLICATION AND FOR THE ADMINISTRATION, ENFORCEMENT AND ONGOING COMPLIANCE WITH THIS SUBCHAPTER.
(3) Any information or records deemed reasonably necessary to aid the department's review of the submitted application and for the administration, enforcement and ongoing compliance with this subchapter.
(4) PROOF OF INSURANCE AS REQUIRED UNDER SECTION 8519 (RELATING TO INSURANCE).
(4) Proof of insurance as required under section 8519 (relating to insurance).
(5) AN ATTESTATION THAT THE APPLICANT WILL TEMPORARILY CEASE OR RESTRICT THE OPERATION OF PDDS DUE TO A WEATHER EMERGENCY OR OTHER HAZARDOUS EVENT IDENTIFIED BY THE DEPARTMENT OR A MUNICIPALITY.
(5) An attestation that the applicant will temporarily cease or restrict the operation of PDDs due to a weather emergency or other hazardous event identified by the department or a municipality.
(6) THE DETAILS OF AN EDUCATIONAL CAMPAIGN TO BE EMPLOYED BY THE APPLICANT TO EDUCATE AND BRING AWARENESS OF PDDS TO MUNICIPALITIES, MOTORISTS AND THE GENERAL PUBLIC.
(6) The details of an educational campaign to be employed by the applicant to educate and bring awareness of PDDs to municipalities, motorists and the general public.
(7) INFORMATION REGARDING THE APPLICANT'S ACCIDENT PROCEDURE IN THE EVENT OF AN ACCIDENT INVOLVING INJURY TO A PERSON OR DAMAGE TO PROPERTY OR AN ACCIDENT CAUSING DAMAGE TO THE PERSONAL DELIVERY DEVICE.
(7) Information regarding the applicant's accident procedure in the event of an accident involving injury to a person or damage to property or an accident causing damage to the personal delivery device.
THE PROCEDURE SHALL INCLUDE:
The procedure shall include:
(I) DUTIES OF THE APPLICANT AND ITS PDD OPERATORS WITH RESPECT TO CLEARING ROADWAYS, OR SHOULDERS OR BERMS OF A ROADWAY, AND PEDESTRIAN AREAS OF THE PERSONAL DELIVERY DEVICE SO AS NOT TO IMPEDE TRAFFIC OR PEDESTRIANS IN THE EVENT THAT THE PERSONAL DELIVERY DEVICE IS RENDERED INOPERABLE OR DAMAGED TO THE EXTENT IT CANNOT BE SAFELY OPERATED;
(i) duties of the applicant and its PDD operators with respect to clearing roadways, or shoulders or berms of a roadway, and pedestrian areas of the personal delivery device so as not to impede traffic or pedestrians in the event that the personal delivery device is rendered inoperable or damaged to the extent it cannot be safely operated;
(II) THE PROCESS WHERE THE APPLICANT WILL EXCHANGE, 20200SB1199PN1952 - 15 - IF NECESSARY, INSURANCE INFORMATION TO ALL PARTIES INVOLVED IN THE ACCIDENT WITHIN 24 HOURS OF THE ACCIDENT;
(ii) the process where the applicant will exchange, if necessary, insurance information to all parties involved in the accident within 24 hours of the accident;
AND (III) THE SAFETY INSPECTION AND MAINTENANCE PROTOCOLS FOR PERSONAL DELIVERY DEVICES DAMAGED IN AN ACCIDENT.
and (iii) the safety inspection and maintenance protocols for personal delivery devices damaged in an accident.
(8) A LIST OF UNIQUE IDENTIFICATION NUMBERS ASSIGNED TO EACH OF THE APPLICANT'S PERSONAL DELIVERY DEVICES, WHICH SHALL BE UPDATED PRIOR TO AN AUTHORIZED ENTITY OPERATING A PDD NOT LISTED IN THE APPLICATION.
(8) A list of unique identification numbers assigned to each of the applicant's personal delivery devices, which shall be updated prior to an authorized entity operating a PDD not listed in the application.
(9) IF THE APPLICATION IS A RENEWAL APPLICATION, THE FOLLOWING INFORMATION:
(9) if the application is a renewal application, the following information:
(I) THE TOTAL NUMBER OF TRIPS EACH PERSONAL DELIVERY DEVICE PERFORMED WITHIN THE PREVIOUS 12 MONTHS;
(i) the total number of trips each personal delivery device performed within the previous 12 months;
AND (II) A LIST OF ACCIDENTS RESULTING IN PERSONAL INJURY OR PROPERTY DAMAGE AND ANY VIOLATIONS OF THIS SUBCHAPTER ISSUED TO THE AUTHORIZED ENTITY FOR A PERSONAL DELIVERY DEVICE OPERATED BY THE AUTHORIZED ENTITY WITHIN THIS COMMONWEALTH IN THE PREVIOUS 12 MONTHS.
and (ii) a list of accidents resulting in personal injury or property damage and any violations of this subchapter issued to the authorized entity for a personal delivery device operated by the authorized entity within 2020/90DMS/SB1199A07132 - 5 - this Commonwealth in the previous 12 months.
AUTHORIZATION ISSUANCE AND RENEWAL.
Authorization issuance and renewal.
(A) REVIEW OF APPLICATIONS AND ISSUANCE.--THE DEPARTMENT SHALL REVIEW ALL APPLICATIONS FOR A PDD AUTHORIZATION AND APPLICATIONS FOR THE RENEWAL OF A PDD AUTHORIZATION AND MAY ISSUE AN AUTHORIZATION TO OR RENEW THE AUTHORIZATION OF ANY APPLICANT THAT:
(a) Review of applications and issuance.--The department shall review all applications for a PDD authorization and applications for the renewal of a PDD authorization and may issue an authorization to or renew the authorization of any applicant that:
(1) HAS SUBMITTED A COMPLETED APPLICATION;
(1) has submitted a completed application;
(2) HAS THE ABILITY TO COMPLY WITH THE PROVISIONS OF THIS SUBCHAPTER;
(2) has the ability to comply with the provisions of this subchapter;
AND (3) HAS NOT KNOWINGLY MADE A FALSE STATEMENT OF MATERIAL FACT IN THE APPLICATION OR HAS NOT DELIBERATELY FAILED TO 20200SB1199PN1952 - 16 - DISCLOSE ANY INFORMATION REQUESTED BY THE DEPARTMENT.
and (3) has not knowingly made a false statement of material fact in the application or has not deliberately failed to disclose any information requested by the department.
(B) AUTHORIZATION PERIOD AND RENEWAL.-- (1) A PDD AUTHORIZATION ISSUED UNDER THIS SUBCHAPTER SHALL BE VALID FOR A PERIOD OF ONE YEAR.
(b) Authorization period and renewal.-- (1) A PDD authorization issued under this subchapter shall be valid for a period of one year.
(2) IF THE PDD APPLICATION IS NOT APPROVED BY THE DEPARTMENT WITHIN 30 DAYS AFTER RECEIPT OF THE APPLICATION, THE APPLICATION SHALL BE DEEMED APPROVED.
(2) If the PDD application is not approved by the department within 30 days after receipt of the application, the application shall be deemed approved.
(3) AN APPLICATION FOR THE RENEWAL OF A PDD AUTHORIZATION SHALL BE SUBMITTED AT LEAST 45 DAYS PRIOR TO THE EXPIRATION OF THE PDD AUTHORIZATION AND INCLUDE AN UPDATE OF THE INFORMATION CONTAINED IN THE INITIAL APPLICATION FOR THE PDD AUTHORIZATION.
(3) An application for the renewal of a PDD authorization shall be submitted at least 45 days prior to the expiration of the PDD authorization and include an update of the information contained in the initial application for the PDD authorization.
A PDD AUTHORIZATION FOR WHICH A COMPLETED RENEWAL APPLICATION HAS BEEN RECEIVED BY THE DEPARTMENT SHALL CONTINUE IN EFFECT UNLESS THE DEPARTMENT SENDS A WRITTEN NOTIFICATION TO THE AUTHORIZED ENTITY THAT THE DEPARTMENT HAS DENIED THE RENEWAL OF THE PDD AUTHORIZATION.
A PDD authorization for which a completed renewal application has been received by the department shall continue in effect unless the department sends a written notification to the authorized entity that the department has denied the renewal of the PDD authorization.
(C) DUTY OF AUTHORIZED ENTITIES.--AN AUTHORIZED ENTITY SHALL HAVE AN ONGOING DUTY TO PROVIDE ANY INFORMATION OR RECORDS THAT MAY BE REQUIRED BY THE DEPARTMENT AND IS REASONABLY NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS SUBCHAPTER.
(c) Duty of authorized entities.--An authorized entity shall have an ongoing duty to provide any information or records that may be required by the department and is reasonably necessary for the administration and enforcement of this subchapter.
(D) APPLICABILITY.--EXCEPT AS PROVIDED IN SUBSECTION (E), THE FOLLOWING SHALL NOT BE SUBJECT TO THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW:
(d) Applicability.--Except as provided in subsection (e), the following shall not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law:
(1) INFORMATION CONTAINED IN AN APPLICATION FOR A PDD AUTHORIZATION OR RENEWAL APPLICATION SUBMITTED TO THE DEPARTMENT BY AN APPLICANT UNDER THIS SECTION OR SECTION 8514 (RELATING TO APPLICATION).
(1) Information contained in an application for a PDD authorization or renewal application submitted to the department by an applicant under this section or section 8514 (relating to application).
(2) ADDITIONAL INFORMATION REQUESTED BY THE DEPARTMENT AND SUBMITTED BY AN APPLICANT AS PART OF THE REVIEW OF THE 20200SB1199PN1952 - 17 - APPLICANT'S APPLICATION FOR A PDD AUTHORIZATION OR RENEWAL APPLICATION UNDER THIS SECTION OR SECTION 8514.
(2) Additional information requested by the department and submitted by an applicant as part of the review of the applicant's application for a PDD authorization or renewal application under this section or section 8514.
(3) INFORMATION AND RECORDS SUBMITTED BY AN AUTHORIZED ENTITY TO THE DEPARTMENT UNDER THIS SECTION OR SECTION 8514.
(3) Information and records submitted by an authorized entity to the department under this section or section 8514.
(E) APPLICABILITY EXCEPTION.--SUBSECTION (D) SHALL NOT APPLY TO THE FOLLOWING:
(e) Applicability exception.--Subsection (d) shall not apply to the following:
(1) INFORMATION OR RECORDS SUBMITTED TO THE DEPARTMENT UNDER SECTION 8514(B)(2)(I), (II) OR (IV), (4), (8) OR (9) (II).
(1) Information or records submitted to the department under section 8514(b)(2)(i), (ii) or (iv), (4), (8) or (9) (ii).
(2) INFORMATION OR RECORDS REQUIRED TO BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE UNDER SECTION 8513 (B)(3)(II) (RELATING TO POWERS OF DEPARTMENT).
2020/90DMS/SB1199A07132 - 6 - (2) Information or records required to be posted on the department's publicly accessible Internet website under section 8513 (b)(3)(ii) (relating to powers of department).
OPERATION.
Operation.
(A) OPERATIONAL PHASES.--THE FOLLOWING SHALL APPLY:
(a) Operational phases.--The following shall apply:
(1) UPON THE INITIAL ISSUANCE OF A PDD AUTHORIZATION, AN AUTHORIZED ENTITY SHALL BE LIMITED TO PHASE 1 OPERATION TO DEMONSTRATE SAFE OPERATION OF PERSONAL DELIVERY DEVICES BY THE AUTHORIZED ENTITY AND ITS PDD OPERATORS, SUBJECT TO THE FOLLOWING:
(1) Upon the initial issuance of a PDD authorization, an authorized entity shall be limited to phase 1 operation to demonstrate safe operation of personal delivery devices by the authorized entity and its PDD operators, subject to the following:
(I) EXCEPT AS PERMITTED UNDER SUBPARAGRAPH (II), THE DEPARTMENT MAY NOT LIMIT AN AUTHORIZED ENTITY TO PHASE 1 OPERATION FOR LESS THAN 90 DAYS AND NOT MORE THAN 180 DAYS FROM THE DATE THE PDD AUTHORIZATION WAS ISSUED, OR LESS THAN 90 DAYS AND NOT MORE THAN 180 DAYS FROM THE DATE THE AUTHORIZED ENTITY'S PHASE 2 OPERATION WAS REVOKED BY THE DEPARTMENT, WHICHEVER IS APPLICABLE.
(i) Except as permitted under subparagraph (ii), The department may not limit an authorized entity to phase 1 operation for less than 90 days and not more than 180 days from the date the PDD authorization was issued, or less than 90 days and not more than 180 days from the date the authorized entity's phase 2 operation was revoked by the department, whichever is applicable.
(II) THE DEPARTMENT MAY LIMIT AN AUTHORIZED ENTITY TO PHASE 1 OPERATION FOR LESS THAN 90 DAYS OR MORE THAN 180 DAYS FROM THE DATE THE PDD AUTHORIZATION WAS ISSUED, OR LESS THAN 90 DAYS AND NOT MORE THAN 180 DAYS FROM THE 20200SB1199PN1952 - 18 - DATE THE AUTHORIZED ENTITY'S PHASE 2 OPERATION WAS REVOKED BY THE DEPARTMENT, WHICHEVER IS APPLICABLE, IF AGREED TO BY THE AUTHORIZED ENTITY.
(ii) The department may limit an authorized entity to phase 1 operation for less than 90 days or more than 180 days from the date the PDD authorization was issued, or less than 90 days and not more than 180 days from the date the authorized entity's phase 2 operation was revoked by the department, whichever is applicable, if agreed to by the authorized entity.
(2) THE DEPARTMENT MAY AUTHORIZE, IN WRITING, AN AUTHORIZED ENTITY TO OPERATE PERSONAL DELIVERY DEVICES UNDER PHASE 2 IF THE AUTHORIZED ENTITY AND ITS PDD OPERATORS HAVE DEMONSTRATED THE SAFE OPERATION OF PERSONAL DELIVERY DEVICES UNDER PHASE 1 AND THE DEPARTMENT HAS DETERMINED THE AUTHORIZED ENTITY'S PERSONAL DELIVERY DEVICES CAN BE OPERATED SAFELY UNDER PHASE 2 AND IN ACCORDANCE WITH THIS SUBCHAPTER.
(2) The department may authorize, in writing, an authorized entity to operate personal delivery devices under phase 2 if the authorized entity and its PDD operators have demonstrated the safe operation of personal delivery devices under phase 1 and the department has determined the authorized entity's personal delivery devices can be operated safely under phase 2 and in accordance with this subchapter.
(3) FOLLOWING NOTICE AND AN OPPORTUNITY FOR AN ADMINISTRATIVE HEARING, THE DEPARTMENT MAY REVOKE, IN WRITING, AN AUTHORIZED ENTITY'S PHASE 2 AUTHORIZATION AND CHANGE THE AUTHORIZED ENTITY'S AUTHORIZED OPERATIONAL PHASE IF THE DEPARTMENT DETERMINES THE REVOCATION AND CHANGE IS NECESSARY TO ENSURE PUBLIC SAFETY AND COMPLIANCE WITH THIS SUBCHAPTER.
(3) Following notice and an opportunity for an administrative hearing, the department may revoke, in writing, an authorized entity's phase 2 authorization and change the authorized entity's authorized operational phase if the department determines the revocation and change is necessary to ensure public safety and compliance with this subchapter.
(B) GENERAL OPERATION REQUIREMENT.--EXCEPT AS TO SPECIAL OPERATION REQUIREMENTS IN SUBSECTION (C), AN AUTHORIZED ENTITY AND ITS PDD OPERATORS SHALL OPERATE PERSONAL DELIVERY DEVICES IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 35 (RELATING TO SPECIAL VEHICLES AND PEDESTRIANS) APPLICABLE TO PEDESTRIANS.
(b) General operation requirement.--Except as to special operation requirements in subsection (c), An authorized entity and its PDD operators shall operate personal delivery devices in accordance with the provisions of Chapter 35 (relating to special vehicles and pedestrians) applicable to pedestrians.
(C) ADDITIONAL OPERATION REQUIREMENTS.--AN AUTHORIZED ENTITY AND ITS PDD OPERATORS WHEN OPERATING A PERSONAL DELIVERY DEVICE SHALL:
(c) Additional operation requirements.--An authorized entity and its PDD operators when operating a personal delivery device shall:
(1) ONLY OPERATE A PERSONAL DELIVERY DEVICE ACCORDING TO THE OPERATIONAL PHASE FOR WHICH THE AUTHORIZED ENTITY HAS BEEN AUTHORIZED BY THE DEPARTMENT;
(1) only operate a personal delivery device according to the operational phase for which the authorized entity has been authorized by the department;
(2) UTILIZE A PEDESTRIAN AREA WHEN CROSSING A ROADWAY AND, IF A PEDESTRIAN AREA IS NOT AVAILABLE OR NOT 20200SB1199PN1952 - 19 - PRACTICABLE, ONLY CROSS THE ROADWAY ACCORDING TO POLICIES OR GUIDELINES ESTABLISHED BY THE DEPARTMENT;
(2) utilize a pedestrian area when crossing a roadway and, if a pedestrian area is not available or not 2020/90DMS/SB1199A07132 - 7 - practicable, only cross the roadway according to policies or guidelines established by the department;
(3) BE PROHIBITED FROM MAKING A LEFT TURN ACROSS ONE OR MORE LANES OF ONCOMING TRAFFIC ON A ROADWAY UNTIL OR UNLESS GUIDELINES OR POLICIES ARE ESTABLISHED BY THE DEPARTMENT;
(3) be prohibited from making a left turn across one or more lanes of oncoming traffic on a roadway until or unless guidelines or policies are established by the department;
(4) UTILIZE THE SHOULDER OR BERM OF A ROADWAY AS FAR AS PRACTICABLE FROM THE EDGE OF THE ROADWAY WHENEVER A SHOULDER OR BERM IS AVAILABLE AND ITS USE IS PRACTICABLE;
(4) utilize the shoulder or berm of a roadway as far as practicable from the edge of the roadway whenever a shoulder or berm is available and its use is practicable;
(5) WHERE A SHOULDER OR BERM OF A ROADWAY IS NOT AVAILABLE OR ITS USE IS NOT PRACTICABLE, UTILIZE A PEDESTRIAN AREA, IF AVAILABLE;
(5) where a shoulder or berm of a roadway is not available or its use is not practicable, utilize a pedestrian area, if available;
(6) WHERE NEITHER A PEDESTRIAN AREA NOR A SHOULDER OR BERM OF A ROADWAY IS AVAILABLE, OPERATE THE PERSONAL DELIVERY DEVICE AS NEAR AS PRACTICABLE TO THE OUTSIDE EDGE OF THE ROADWAY;
(6) where neither a pedestrian area nor a shoulder or berm of a roadway is available, operate the personal delivery device as near as practicable to the outside edge of the roadway;
(7) YIELD THE RIGHT-OF-WAY TO ALL PEDESTRIANS AND PEDALCYCLISTS IN A PEDESTRIAN AREA;
(7) yield the right-of-way to all pedestrians and pedalcyclists in a pedestrian area;
(8) NOT TRANSPORT HAZARDOUS MATERIALS REGULATED UNDER 49 U.S.C.
(8) not transport hazardous materials regulated under 49 U.S.C.
§ 5103 (RELATING TO GENERAL REGULATORY AUTHORITY) AND REQUIRED TO BE PLACARDED UNDER 49 CFR PT.
§ 5103 (relating to general regulatory authority) and required to be placarded under 49 CFR Pt.
172 SUBPT.
172 Subpt.
F (RELATING TO PLACARDING);
F (relating to placarding);
(9) WHEN TRAVELING ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, OPERATE THE PERSONAL DELIVERY DEVICE IN THE SAME DIRECTION AS REQUIRED OF OTHER VEHICLES OPERATED ON THE ROADWAY;
(9) when traveling on a roadway, or shoulder or berm of a roadway, operate the personal delivery device in the same direction as required of other vehicles operated on the roadway;
(10) NOT EXCEED SPEED LIMITS CONTAINED IN SUBSECTION (D);
(10) not exceed speed limits contained in subsection (d);
(11) NOT OPERATE ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, UNDER THE JURISDICTION OF THE DEPARTMENT WHERE THE SECRETARY, BY ORDER, HAS DETERMINED THE OPERATION TO BE 20200SB1199PN1952 - 20 - HAZARDOUS;
(11) not operate on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the secretary, by order, has determined the operation to be hazardous;
(12) NOT OPERATE ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, UNDER THE JURISDICTION OF THE DEPARTMENT WHERE THE POSTED SPEED LIMIT IS GREATER THAN 25 MILES PER HOUR, EXCEPT AS PERMITTED IN SUBSECTION (E);
(12) not operate on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the posted speed limit is greater than 25 miles per hour, except as permitted in subsection (e);
(13) NOT OPERATE ON A LOCAL ROADWAY, OR SHOULDER OR BERM OF A LOCAL ROADWAY, UNDER THE JURISDICTION OF A MUNICIPALITY WHERE THE POSTED SPEED LIMIT IS GREATER THAN 25 MILES PER HOUR, EXCEPT AS PERMITTED IN SECTION 8517 (RELATING TO LOCAL REGULATION);
(13) not operate on a local roadway, or shoulder or berm of a local roadway, under the jurisdiction of a municipality where the posted speed limit is greater than 25 miles per hour, except as permitted in section 8517 (relating to local regulation);
(14) NOT OPERATE ON AN INTERSTATE HIGHWAY OR FREEWAY;
(14) not operate on an interstate highway or freeway;
(15) COMPLY WITH ORDINANCES OR RESOLUTIONS ADOPTED BY LOCAL AUTHORITIES UNDER SECTION 8517;
(15) comply with ordinances or resolutions adopted by local authorities under section 8517;
(16) ONLY OPERATE PERSONAL DELIVERY DEVICES THAT COMPLY WITH EQUIPMENT STANDARDS ESTABLISHED UNDER SECTION 8518 (RELATING TO EQUIPMENT);
(16) only operate personal delivery devices that comply with equipment standards established under section 8518 (relating to equipment);
AND (17) COMPLY WITH ANY OTHER POLICIES OR GUIDELINES ESTABLISHED BY THE DEPARTMENT CONSISTENT WITH THIS SUBCHAPTER.
and (17) comply with any other policies or guidelines established by the department consistent with this subchapter.
(D) SPEED LIMIT.--A PERSONAL DELIVERY DEVICE MAY NOT EXCEED 12 MILES PER HOUR IN A PEDESTRIAN AREA AND MAY NOT EXCEED 25 MILES PER HOUR ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY.
(d) Speed limit.--A personal delivery device may not exceed 12 miles per hour in a pedestrian area and may not exceed 25 2020/90DMS/SB1199A07132 - 8 - miles per hour on a roadway, or shoulder or berm of a roadway.
(E) EXCEPTION.--THE DEPARTMENT MAY, BY ORDER OF THE SECRETARY, PERMIT THE USE OF A PERSONAL DELIVERY DEVICE UPON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, UNDER THE JURISDICTION OF THE DEPARTMENT WHERE THE POSTED SPEED LIMIT IS GREATER THAN 25 MILES PER HOUR BUT NOT GREATER THAN 35 MILES PER HOUR.
(e) Exception.--The department may, by order of the secretary, permit the use of a personal delivery device upon a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour.
(F) PDD OPERATOR REQUIREMENT.--NO PDD OPERATOR MAY OPERATE A PERSONAL DELIVERY DEVICE ON BEHALF OF AN AUTHORIZED ENTITY 20200SB1199PN1952 - 21 - UNLESS THE INDIVIDUAL POSSESSES A VALID DRIVER'S LICENSE FROM A LICENSING AUTHORITY IN THE UNITED STATES.
(f) PDD operator requirement.--No PDD operator may operate a personal delivery device on behalf of an authorized entity unless the individual possesses a valid driver's license from a licensing authority in the United States.
THE DEPARTMENT MAY NOT IMPOSE ANY ADDITIONAL LICENSING REQUIREMENTS OR ADDITIONAL AUTHORIZATION REQUIREMENTS ON A PDD OPERATOR.
The department may not impose any additional licensing requirements or additional authorization requirements on a PDD operator.
LOCAL REGULATION.
Local regulation.
(A) AUTHORIZATION.--A MUNICIPALITY MAY, BY ORDINANCE OR RESOLUTION, DO THE FOLLOWING:
(a) Authorization.--A municipality may, by ordinance or resolution, do the following:
(1) PERMIT THE USE OF A PERSONAL DELIVERY DEVICE ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, UNDER THE JURISDICTION OF THE MUNICIPALITY WHERE THE POSTED SPEED LIMIT IS GREATER THAN 25 MILES PER HOUR BUT NOT GREATER THAN 35 MILES PER HOUR.
(1) Permit the use of a personal delivery device on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the municipality where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour.
(2) PROHIBIT THE USE OF A PERSONAL DELIVERY DEVICE ON ANY ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, OR PEDESTRIAN AREA UNDER THE JURISDICTION OF THE MUNICIPALITY WHERE THE MUNICIPALITY, AFTER CONSULTATION WITH THE AUTHORIZED ENTITY, DETERMINES THAT THE OPERATION OF THE PERSONAL DELIVERY DEVICE WOULD CONSTITUTE A HAZARD.
(2) Prohibit the use of a personal delivery device on any roadway, or shoulder or berm of a roadway, or pedestrian area under the jurisdiction of the municipality where the municipality, after consultation with the authorized entity, determines that the operation of the personal delivery device would constitute a hazard.
(B) PROHIBITION.--EXCEPT AS PROVIDED IN SUBSECTION (A), A MUNICIPALITY MAY NOT REGULATE THE OPERATION OF A PERSONAL DELIVERY DEVICE OPERATED IN A PEDESTRIAN AREA, ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, UNDER THE JURISDICTION OF THE MUNICIPALITY.
(b) Prohibition.--Except as provided in subsection (a), a municipality may not regulate the operation of a personal delivery device operated in a pedestrian area, roadway, or shoulder or berm of a roadway, under the jurisdiction of the municipality.
(C) CONSTRUCTION.-- (1) NOTHING IN THIS SECTION MAY BE CONSTRUED TO AFFECT THE ABILITY OF A MUNICIPALITY TO ENFORCE ANY LAW, RULE OR REGULATION AS IT RELATES TO THE OPERATION OF A PERSONAL DELIVERY DEVICE IN THIS COMMONWEALTH.
(c) Construction.-- (1) Nothing in this section may be construed to affect the ability of a municipality to enforce any law, rule or regulation as it relates to the operation of a personal delivery device in this Commonwealth.
(2) NOTHING IN SUBSECTION (A) MAY BE CONSTRUED TO PERMIT A MUNICIPALITY TO AUTHORIZE THE USE OF A PERSONAL DELIVERY 20200SB1199PN1952 - 22 - DEVICE ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, UNDER THE JURISDICTION OF THE MUNICIPALITY IN A MANNER THAT CONFLICTS WITH THE OPERATION REQUIREMENTS CONTAINED IN SECTION 8516 (RELATING TO OPERATION).
(2) Nothing in subsection (a) may be construed to permit a municipality to authorize the use of a personal delivery device on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the municipality in a manner that conflicts with the operation requirements contained in section 8516 (relating to operation).
(D) NOTICE REQUIRED.--AN AUTHORIZED ENTITY SHALL NOTIFY THE GOVERNING BODY OF THE MUNICIPALITY OF THE AUTHORIZED ENTITY'S INTENT TO OPERATE PERSONAL DELIVERY DEVICES WITHIN THE MUNICIPALITY NO LESS THAN 30 DAYS PRIOR TO THE DATE ON WHICH THE AUTHORIZED ENTITY COMMENCES PDD OPERATIONS WITHIN THE MUNICIPALITY.
(d) Notice required.--An authorized entity shall notify the governing body of the municipality of the authorized entity's intent to operate personal delivery devices within the municipality no less than 30 days prior to the date on which the authorized entity commences PDD operations within the municipality.
EQUIPMENT.
Equipment.
(A) PROHIBITION.--NO AUTHORIZED ENTITY MAY OPERATE A PERSONAL DELIVERY DEVICE ON A ROADWAY, OR SHOULDER OR BERM OF A ROADWAY, OR PEDESTRIAN AREA THAT DOES NOT MEET THE REQUIREMENTS OF THIS SECTION.
(a) Prohibition.--No authorized entity may operate a 2020/90DMS/SB1199A07132 - 9 - personal delivery device on a roadway, or shoulder or berm of a roadway, or pedestrian area that does not meet the requirements of this section.
(B) MINIMUM EQUIPMENT STANDARDS.--A PDD OPERATED BY AN AUTHORIZED ENTITY SHALL:
(b) Minimum equipment standards.--A PDD operated by an authorized entity shall:
(1) HAVE A MAXIMUM WIDTH OF 32 INCHES;
(1) Have a maximum width of 32 inches;
(2) HAVE A MAXIMUM LENGTH OF 42 INCHES;
(2) Have a maximum length of 42 inches;
(3) HAVE A MAXIMUM HEIGHT OF 72 INCHES;
(3) Have a maximum height of 72 inches;
(4) BE EQUIPPED WITH A BRAKING SYSTEM THAT BRINGS THE PDD TO A COMPLETE STOP FROM AN INITIAL SPEED OF 25 MILES AN HOUR OR LESS.
(4) Be equipped with a braking system that brings the PDD to a complete stop from an initial speed of 25 miles an hour or less.
(5) BE EQUIPPED WITH A LAMP THAT EMITS A BEAM OF WHITE LIGHT INTENDED TO ILLUMINATE THE PERSONAL DELIVERY DEVICE'S PATH AND IS VISIBLE FROM A DISTANCE OF AT LEAST 500 FEET TO THE FRONT AND A LAMP EMITTING A RED FLASHING LIGHT, LIGHT- EMITTING DIODE OR DEVICE VISIBLE FROM A DISTANCE OF 500 FEET TO THE REAR.
(5) Be equipped with a lamp that emits a beam of white light intended to illuminate the personal delivery device's path and is visible from a distance of at least 500 feet to the front and a lamp emitting a red flashing light, light- emitting diode or device visible from a distance of 500 feet to the rear.
AN AUTHORIZED ENTITY MAY SUPPLEMENT THE REQUIRED FRONT LAMP WITH A WHITE FLASHING LAMP, LIGHT-EMITTING DIODE 20200SB1199PN1952 - 23 - OR SIMILAR DEVICE TO ENHANCE ITS VISIBILITY TO OTHER TRAFFIC.
An authorized entity may supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance its visibility to other traffic.
(6) BE EQUIPPED WITH SOFTWARE, EQUIPMENT OR TECHNOLOGIES TO COMPLY WITH SECTION 8514(B)(2)(V) (RELATING TO APPLICATION).
(6) Be equipped with software, equipment or technologies to comply with section 8514(b)(2)(v) (relating to application).
(C) IDENTIFYING MARKINGS.--A PERSONAL DELIVERY DEVICE SHALL PROMINENTLY DISPLAY, IN A SIZE AND MANNER DETERMINED BY THE DEPARTMENT, THE FOLLOWING INFORMATION:
(c) Identifying markings.--A personal delivery device shall prominently display, in a size and manner determined by the department, the following information:
(1) THE NAME OF THE AUTHORIZED ENTITY.
(1) The name of the authorized entity.
(2) THE UNIQUE IDENTIFICATION NUMBER ASSIGNED TO THE PDD AND SUBMITTED TO THE DEPARTMENT UNDER SECTION 8514(B)(8).
(2) The unique identification number assigned to the PDD and submitted to the department under section 8514(b)(8).
(3) A TELEPHONE NUMBER OF THE AUTHORIZED ENTITY TO REPORT A VIOLATION OF THIS TITLE, ACCIDENT OR INSURANCE CLAIM.
(3) A telephone number of the authorized entity to report a violation of this title, accident or insurance claim.
INSURANCE.
Insurance.
AN AUTHORIZED ENTITY SHALL MAINTAIN AN INSURANCE POLICY THAT INCLUDES GENERAL LIABILITY COVERAGE OF NOT LESS THAN $100,000 PER INCIDENT FOR DAMAGES ARISING FROM THE OPERATION OF THE PERSONAL DELIVERY DEVICE.
An authorized entity shall maintain an insurance policy that includes general liability coverage of not less than $100,000 per incident for damages arising from the operation of the personal delivery device.
ENFORCEMENT.
Enforcement.
(A) SUSPENSION OR REVOCATION OF AUTHORIZATION.--FOLLOWING NOTICE AND AN OPPORTUNITY FOR AN ADMINISTRATIVE HEARING, THE DEPARTMENT MAY SUSPEND OR REVOKE A PDD AUTHORIZATION WHERE A KNOWING AND WILLFUL VIOLATION OF THIS SUBCHAPTER OCCURRED THAT RESULTED IN DEATH, SERIOUS BODILY INJURY OR PROPERTY DAMAGE OR WHEN THE AUTHORIZED ENTITY HAS DEMONSTRATED AN INABILITY TO OPERATE SAFELY IN ACCORDANCE WITH THIS SUBCHAPTER.
(a) Suspension or revocation of authorization.--Following notice and an opportunity for an administrative hearing, the department may suspend or revoke a PDD authorization where a knowing and willful violation of this subchapter occurred that resulted in death, serious bodily injury or property damage or when the authorized entity has demonstrated an inability to operate safely in accordance with this subchapter.
(B) APPEAL.--AN AUTHORIZED ENTITY SHALL HAVE THE RIGHT TO APPEAL PDD AUTHORIZATION SUSPENSIONS OR REVOCATIONS IN ACCORDANCE WITH 2 PA.C.S.
(b) Appeal.--An authorized entity shall have the right to appeal PDD authorization suspensions or revocations in accordance with 2 Pa.C.S.
CHS.
Chs.
5 SUBCH.
5 Subch.
A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH.
A (relating to practice and procedure of Commonwealth agencies) and 7 Subch.
A (RELATING 20200SB1199PN1952 - 24 - TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
A (relating to judicial review of Commonwealth agency action).
(C) PROHIBITION.--THE DEPARTMENT MAY NOT SUSPEND OR REVOKE THE PDD AUTHORIZATION OF AN AUTHORIZED ENTITY THAT SELF-REPORTS AN ACCIDENT INVOLVING THE AUTHORIZED ENTITY'S PERSONAL DELIVERY DEVICES AS REQUIRED BY SECTION 8513(B)(4) (RELATING TO POWERS OF THE DEPARTMENT) WHERE THE ACCIDENT WAS NOT THE FAULT OF THE AUTHORIZED ENTITY OR THE AUTHORIZED ENTITY'S PDD OPERATOR.
(c) Prohibition.--The department may not suspend or revoke the PDD authorization of an authorized entity that self-reports 2020/90DMS/SB1199A07132 - 10 - an accident involving the authorized entity's personal delivery devices as required by section 8513(b)(4) (relating to powers of the department) where the accident was not the fault of the authorized entity or the authorized entity's PDD operator.
CRIMINAL PENALTIES.
Criminal penalties.
(A) PENALTY.--EXCEPT AS PROVIDED FOR IN SUBSECTIONS (B) AND (C), AN AUTHORIZED ENTITY THAT VIOLATES A PROVISION OF THIS SUBCHAPTER SHALL BE GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN $25 AND NO MORE THAN $1,000.
(a) Penalty.--Except as provided for in subsections (b) and (c), an authorized entity that violates a provision of this subchapter shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $25 and no more than $1,000.
(B) UNAUTHORIZED OPERATION.--EXCEPT AS PROVIDED FOR IN SUBSECTION (C), A PERSON THAT VIOLATES SECTION 8512 (RELATING TO GENERAL PROHIBITION) SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN $500.
(b) Unauthorized operation.--Except as provided for in subsection (c), a person that violates section 8512 (relating to general prohibition) shall be guilty of a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500.
(C) SUSPENDED OR REVOKED AUTHORIZATION.--A PERSON THAT KNOWINGLY VIOLATES SECTION 8512 AND WHOSE AUTHORIZATION WAS SUSPENDED OR REVOKED BY THE DEPARTMENT SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN $1,000.
(c) Suspended or revoked authorization.--A person that knowingly violates section 8512 and whose authorization was suspended or revoked by the department shall be guilty of a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000.
APPLICATION OF TITLE.
Application of title.
(A) APPLICABILITY.--THE REGULATION OF PERSONAL DELIVERY DEVICES AND AUTHORIZED ENTITIES SHALL BE GOVERNED EXCLUSIVELY BY THIS SUBCHAPTER OR AN ORDINANCE OR RESOLUTION ADOPTED BY A MUNICIPALITY UNDER SECTION 8517 (RELATING TO LOCAL REGULATION).
(a) Applicability.--The regulation of personal delivery devices and authorized entities shall be governed exclusively by this subchapter or an ordinance or resolution adopted by a municipality under section 8517 (relating to local regulation).
(B) EXEMPTION.--A PERSONAL DELIVERY DEVICE SHALL NOT BE CONSIDERED A VEHICLE OR A MOTOR VEHICLE UNDER SECTION 102 20200SB1199PN1952 - 25 - (RELATING TO DEFINITIONS).
(b) Exemption.--A personal delivery device shall not be considered a vehicle or a motor vehicle under section 102 (relating to definitions).
SECTION 7.
Section 7.
THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
This act shall take effect in 90 days.
20200SB1199PN1952 - 26 -
2020/90DMS/SB1199A07132 - 11 -