Article - Transportation
§21–104.5. NOT IN EFFECT
** TAKES EFFECT JULY 1, 2022 PER CHAPTER 351 OF 2021 **
(a) (1) In this section the following words have the meanings indicated.
(2) “Personal delivery device” means a powered device that:
(i) Is operated primarily on shoulders, sidewalks, and crosswalks;
(ii) Is intended for the transport of property on public rights–of–way;
(iii) Weighs not more than 550 pounds, excluding cargo; and
(iv) Is capable of navigating with or without the active control or monitoring of an individual.
(3) (i) “Personal delivery device operator” means an entity or its agent that exercises active or passive physical control or monitoring over the navigation system and operation of a personal delivery device.
(ii) “Personal delivery device operator” does not include a person that:
1. Requests or receives the services of a personal delivery device to transport property; or
2. Arranges for and dispatches a personal delivery device to provide service to another person.
(b) Subject to § 21–1205.1(f) of this title, a personal delivery device may operate without registration on any roadway, sidewalk, shoulder, or crosswalk in the State.
(c) A personal delivery device may not:
(1) Unreasonably interfere with traffic;
(2) Block public rights–of–way;
(3) Transport hazardous materials regulated under the Hazardous Materials Transport Act and required to be placarded under 49 C.F.R. Part 172, Subpart F; or
(4) Operate on a sidewalk or crosswalk at a speed exceeding 7 miles per hour.
(d) A personal delivery device operated on any roadway, sidewalk, shoulder, or crosswalk in the State shall:
(1) Be visibly marked with a unique identifying number;
(2) Be visibly marked with a means of identifying the personal delivery device operator;
(3) If the personal delivery device operator is acting on behalf of a corporate entity, be visibly marked with contact information for that entity;
(4) Be equipped with a system that enables the personal delivery device to come to a controlled stop;
(5) Be covered by:
(i) An insurance policy that provides general liability coverage of at least $100,000 for damages; or
(ii) Another form of security acceptable to the Administration that adequately provides the benefits required by item (i) of this item;
(6) Be equipped with lighting devices as required by the Administration after consultation with industry stakeholders;
(7) Obey all traffic and pedestrian control devices; and
(8) Be subject to municipal or county permitting requirements, where applicable.
(e) Any information required by this section to be visibly marked on a personal delivery device shall also be marked in braille lettering.
(f) (1) Prior to beginning operations in the State, each operator of a personal delivery device shall file with the Administrator an emergency response plan designed to inform first responders about the personal delivery device, including information on its equipment and attributes and on how to deal with the device when it is encountered on public rights–of–way.
(2) The Administrator, after consultation with industry stakeholders, may adopt polices outlining what must be included in an emergency response plan.
(3) The Administrator shall be responsible for making each emergency response plan filed with the Administrator available to the appropriate first responder agencies of the State.
(g) An operator of a personal delivery device shall:
(1) Notify the governing body of each county and municipality within which the operator intends to operate the personal delivery device at least 30 days before the operator begins operating the personal delivery device in the county or municipality; and
(2) Comply with all local ordinances, regulations, and rules of each county and municipality for which the operator is required to provide notice under item (1) of this subsection.