A BILL TO BE ENTITLED
AN ACT to define and regulate personal delivery devices.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑4.01 reads as rewritten:
"§ 20‑4.01.  Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
…
(28a)	Personal delivery device. – An electrically powered device intended for transporting cargo that is equipped with automated driving technology that enables device operation with or without the remote support and supervision of a human 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.
(28b)	Plug‑in electric vehicle. – A four‑wheeled motor vehicle that meets each of the following requirements:
…
(49)	Vehicle. – Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles and electric assisted bicycles shall be deemed vehicles and every rider of a bicycle or an electric assisted bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement, is suitable for use both inside and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the device is being operated by a person with a mobility impairment, or who uses the device for mobility enhancement. This term shall not include (i) an electric personal assistive mobility device as defined in subdivision (7b) of this section or (ii) a personal delivery device as defined by this section. Unless the context requires otherwise, and except as provided under G.S. 20‑109.2, 47‑20.6, or 47‑20.7, a manufactured home shall be deemed a vehicle.
…."
SECTION 2.  Chapter 20 of the General Statutes is amended by adding a new Article to read:
"Article 10B.
"Personal Delivery Devices.
"§ 20‑280.20.  Definitions.
The following definitions apply to this Article:
(1)	Agent. – A director, officer, employee, or other person authorized to act on behalf of a business entity.
(2)	Business entity. – A legal entity, including a corporation, limited liability company, partnership, or sole proprietorship, that is formed for the purpose of making a profit.
(3)	Pedestrian area. – A sidewalk, crosswalk, school crosswalk, school crossing zone, or safety zone.
(4)	Personal delivery device. – As defined in G.S. 20‑4.01.
"§ 20‑280.21.  Personal delivery devices authorized.
(a)	A business entity may operate a personal delivery device if the business entity is authorized to conduct business in this State in accordance with Chapters 55, 57D, 59, and 55D of the General Statutes and may only operate pursuant to the provisions of this Article.
(b)	Except as provided in subsection (a) of this section, it is unlawful for any person to operate, or cause the operation of, a personal delivery device.
"§ 20‑280.22.  Personal delivery device operation.
A 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 business entity and the human is able to exercise remote control over the navigation and operation of the personal delivery device. For the purposes of this section, "agent" means a person who is not less than 16 years of age and who is charged by an entity with the responsibility of monitoring and operating a 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.
(3)	The personal delivery device shall yield the right‑of‑way to all vehicles and pedestrians.
(4)	The personal delivery device shall not unreasonably interfere with any vehicle or pedestrian.
(5)	The personal delivery device shall not transport materials regulated under the Hazardous Materials Transportation Act (49 U.S.C. §§ 5101 – 5128) that require placarding pursuant to subpart F of 49 C.F.R. Part 172 (49 C.F.R. §§ 172.500 – 172.560).
(6)	The personal delivery device is only operated in pedestrian areas, at speeds not to exceed 10 miles per hour, and on highways, at speeds not to exceed 35 miles per hour.
"§ 20‑280.23.  Personal delivery device equipment.
A business entity shall not operate a personal delivery device unless the personal delivery device is equipped with all of the following:
(1)	A marker that clearly states the name and contact information of the owner and a unique identification number.
(2)	A braking system that enables the device to come to a controlled stop.
(3)	When operated at night, the lights on the front and rear of the personal delivery 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.
"§ 20‑280.25.  Insurance.
A business entity that operates a personal delivery device under this Article shall maintain an insurance policy that 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.
"§ 20‑280.26.  Liability.
(a)	A business entity shall be legally responsible for the operation of a personal delivery device, unless an agent of the 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, willful misconduct, or gross negligence, a person that requests a delivery or service by means of a personal delivery device operated by a business entity shall be immune from criminal and civil liability."
SECTION 3.  There is appropriated from the General Fund to the Secretary of State the sum of five thousand dollars ($5,000) for the 2019‑2020 fiscal year in nonrecurring funds for the purpose of implementing this act.
SECTION 4.  This act is effective when it becomes law.