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Section 1119 - Personal delivery device.

UT Code § 41-6a-1119 (2019) (N/A)
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(1) As used in this section: (a) "Eligible entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business. (b) "Hazardous material" means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. (c) (i) "Personal delivery device" means an electrically powered device to which all of the following apply: (A) the device is intended primarily to transport property on a sidewalk or crosswalk; (B) the device weighs less than 150 pounds excluding any property being carried in the device, except that a local highway authority may allow a device within the local highway authority's jurisdiction to exceed this weight limit through a local permit or local ordinance; (C) the device has a maximum speed of 10 miles per hour; and (D) the device is equipped with technology that enables the operation of the device with or without active control or monitoring by a person. (ii) A mobile carrier as defined in Section 41-6a-1120 is not a personal delivery device. (d) (i) "Personal delivery device operator" means an employee or agent of an eligible entity who exercises active physical control over, or monitoring of, the navigation and operation of a personal delivery device. (ii) "Personal delivery device operator" does not include: (A) with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or (B) a person who only arranges for and dispatches a personal delivery device for a delivery or other service.

(a) "Eligible entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.

(b) "Hazardous material" means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation.

(c) (i) "Personal delivery device" means an electrically powered device to which all of the following apply: (A) the device is intended primarily to transport property on a sidewalk or crosswalk; (B) the device weighs less than 150 pounds excluding any property being carried in the device, except that a local highway authority may allow a device within the local highway authority's jurisdiction to exceed this weight limit through a local permit or local ordinance; (C) the device has a maximum speed of 10 miles per hour; and (D) the device is equipped with technology that enables the operation of the device with or without active control or monitoring by a person. (ii) A mobile carrier as defined in Section 41-6a-1120 is not a personal delivery device.

(i) "Personal delivery device" means an electrically powered device to which all of the following apply: (A) the device is intended primarily to transport property on a sidewalk or crosswalk; (B) the device weighs less than 150 pounds excluding any property being carried in the device, except that a local highway authority may allow a device within the local highway authority's jurisdiction to exceed this weight limit through a local permit or local ordinance; (C) the device has a maximum speed of 10 miles per hour; and (D) the device is equipped with technology that enables the operation of the device with or without active control or monitoring by a person.

(A) the device is intended primarily to transport property on a sidewalk or crosswalk;

(B) the device weighs less than 150 pounds excluding any property being carried in the device, except that a local highway authority may allow a device within the local highway authority's jurisdiction to exceed this weight limit through a local permit or local ordinance;

(C) the device has a maximum speed of 10 miles per hour; and

(D) the device is equipped with technology that enables the operation of the device with or without active control or monitoring by a person.

(ii) A mobile carrier as defined in Section 41-6a-1120 is not a personal delivery device.

(d) (i) "Personal delivery device operator" means an employee or agent of an eligible entity who exercises active physical control over, or monitoring of, the navigation and operation of a personal delivery device. (ii) "Personal delivery device operator" does not include: (A) with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or (B) a person who only arranges for and dispatches a personal delivery device for a delivery or other service.

(i) "Personal delivery device operator" means an employee or agent of an eligible entity who exercises active physical control over, or monitoring of, the navigation and operation of a personal delivery device.

(ii) "Personal delivery device operator" does not include: (A) with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or (B) a person who only arranges for and dispatches a personal delivery device for a delivery or other service.

(A) with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or

(B) a person who only arranges for and dispatches a personal delivery device for a delivery or other service.

(2) An eligible entity may operate a personal delivery device on a sidewalk or crosswalk so long as all of the following requirements are met: (a) the personal delivery device is operated in accordance with the local ordinances, if any, established by the local highway authority governing where the personal delivery device is operated; (b) a personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device; (c) the eligible entity maintains 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 by the eligible entity and any agent of the eligible entity; and (d) the personal delivery device is equipped with all of the following: (i) a marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number; (ii) a braking system that enables the personal delivery device to come to a controlled stop; and (iii) if the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible on all sides of the personal delivery device in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.

(a) the personal delivery device is operated in accordance with the local ordinances, if any, established by the local highway authority governing where the personal delivery device is operated;

(b) a personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device;

(c) the eligible entity maintains 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 by the eligible entity and any agent of the eligible entity; and

(d) the personal delivery device is equipped with all of the following: (i) a marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number; (ii) a braking system that enables the personal delivery device to come to a controlled stop; and (iii) if the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible on all sides of the personal delivery device in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.

(i) a marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number;

(ii) a braking system that enables the personal delivery device to come to a controlled stop; and

(iii) if the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible on all sides of the personal delivery device in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.

(3) A personal delivery device operator may not allow a personal delivery device to do any of the following: (a) fail to comply with traffic or pedestrian control devices and signals; (b) unreasonably interfere with pedestrians or traffic; (c) transport hazardous material; or (d) operate on a street or highway, except when crossing the street or highway within a crosswalk.

(a) fail to comply with traffic or pedestrian control devices and signals;

(b) unreasonably interfere with pedestrians or traffic;

(c) transport hazardous material; or

(d) operate on a street or highway, except when crossing the street or highway within a crosswalk.

(4) A personal delivery device has the rights and obligations applicable to a pedestrian under the same circumstances, except that a personal delivery device shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk.

(5) A person may not operate a personal delivery device unless the person complies with this section.

(6) An eligible entity is responsible for both of the following: (a) a violation of this section that is committed by a personal delivery device operator operated for the benefit of the eligible entity; and (b) any other circumstance, including a technological malfunction, in which a personal delivery device operates in a manner prohibited by Subsection (3).

(a) a violation of this section that is committed by a personal delivery device operator operated for the benefit of the eligible entity; and

(b) any other circumstance, including a technological malfunction, in which a personal delivery device operates in a manner prohibited by Subsection (3).

(7) A violation of this section is an infraction.

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Section 1119 - Personal delivery device.