Bill Text: IA HF304 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to personal delivery devices, providing penalties, and making penalties applicable. (Formerly HSB 25.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-20 - Signed by Governor. H.J. 1209. [HF304 Detail]
Download: Iowa-2021-HF304-Enrolled.html
House
File
304
-
Enrolled
House
File
304
AN
ACT
RELATING
TO
PERSONAL
DELIVERY
DEVICES,
PROVIDING
PENALTIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.1,
subsection
90,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0c.
Any
personal
delivery
device
operated
pursuant
to
chapter
321O.
Sec.
2.
Section
321.519,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
Sections
321.514
through
321.518
and
this
section
do
not
apply
to
personal
delivery
devices
operated
pursuant
to
chapter
321O.
Sec.
3.
NEW
SECTION
.
321O.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Agent”
means
any
officer,
director,
or
employee
of
a
business
entity,
or
any
other
person
who
is
authorized
to
act
on
behalf
of
a
business
entity.
2.
“Business
entity”
means
a
corporation,
sole
proprietorship,
association,
partnership,
limited
liability
company,
limited
liability
partnership,
or
other
legal
entity,
that
is
formed
for
the
purpose
of
making
a
profit.
3.
“Pedestrian
area”
means
an
area
intended
to
be
used
by
any
person
afoot,
including
a
sidewalk,
crosswalk,
or
safety
zone,
as
those
terms
are
defined
in
section
321.1.
House
File
304,
p.
2
4.
“Personal
delivery
device”
or
“device”
means
a
device
to
which
all
of
the
following
apply:
a.
The
device
is
manufactured
for
transporting
cargo
and
goods
in
a
pedestrian
area
or
supplementary
area.
b.
The
device
is
equipped
with
automated
driving
technology,
including
software
and
hardware,
that
enables
the
operation
of
the
device
with
the
remote
support
and
supervision
of
a
natural
person.
c.
The
weight
of
the
device
is
not
greater
than
five
hundred
fifty
pounds,
excluding
cargo
and
goods.
Sec.
4.
NEW
SECTION
.
321O.2
Applicable
law.
1.
The
operation
of
a
personal
delivery
device
is
governed
exclusively
by
this
chapter
and
any
applicable
ordinance
regulating
personal
delivery
devices
adopted
by
a
local
authority,
as
defined
in
section
321.1,
that
is
not
inconsistent
with
this
chapter.
2.
For
the
purposes
of
this
title,
a
personal
delivery
device
operated
in
compliance
with
this
chapter
shall
not
be
considered
a
vehicle.
3.
A
claim
for
personal
injury
or
property
damage
arising
from
the
operation
of
a
personal
delivery
device
shall
be
subject
to
the
laws
applicable
to
such
claims
arising
from
the
conduct
of
pedestrians.
Sec.
5.
NEW
SECTION
.
321O.3
Operators.
1.
A
business
entity
may
operate
a
personal
delivery
device
under
this
chapter
only
if
a
natural
person
who
is
an
agent
of
the
business
entity
has
the
capability
to
monitor
and
remotely
exercise
physical
control
over
the
navigation
and
operation
of
the
device
while
the
device
is
engaged.
2.
Except
as
provided
by
subsection
3,
when
a
personal
delivery
device
operated
by
a
business
entity
is
engaged,
the
business
entity
is
considered
to
be
the
operator
of
the
device
solely
for
the
purpose
of
assessing
compliance
with
this
chapter
and
laws
made
applicable
to
the
operation
of
the
device
under
this
chapter.
3.
When
a
personal
delivery
device
operated
by
a
business
entity
is
engaged
and
an
agent
of
the
business
entity
exercises
control
over
the
device
in
a
manner
that
is
outside
the
scope
of
the
agent’s
office
or
employment,
the
agent
is
considered
House
File
304,
p.
3
to
be
the
operator
of
the
device
solely
for
the
purpose
of
assessing
compliance
with
this
chapter
and
laws
made
applicable
to
the
operation
of
the
device
under
this
chapter.
4.
A
person
is
not
considered
to
be
the
operator
of
a
personal
delivery
device
solely
because
the
person
requests
a
delivery
or
service
provided
by
the
device
or
dispatches
the
device.
Sec.
6.
NEW
SECTION
.
321O.4
Operation.
1.
The
operator
of
a
personal
delivery
device
shall
ensure
that,
while
engaged,
the
device
does
all
of
the
following:
a.
Operates
in
a
manner
that
complies
with
the
provisions
of
chapter
321
applicable
to
pedestrians,
other
than
section
321.326,
unless
the
provision
of
chapter
321
cannot
by
its
nature
apply
to
the
device.
b.
Yields
the
right-of-way
to
all
other
traffic,
including
pedestrians.
c.
Operates
in
a
manner
that
does
not
unreasonably
interfere
with
other
traffic,
including
pedestrians.
d.
Complies
with
any
ordinance
regulating
personal
delivery
devices
adopted
by
a
local
authority,
as
defined
in
section
321.1,
that
is
not
inconsistent
with
this
chapter.
e.
Is
monitored
or
controlled
by
an
agent
of
the
business
entity
operating
the
device.
f.
Operates
in
a
manner
that
allows
the
device
to
come
to
a
controlled
stop
in
a
reasonably
safe
time
and
distance.
2.
The
operator
of
a
personal
delivery
device
shall
ensure
that,
while
engaged,
the
device
does
not
do
any
of
the
following:
a.
Obstructs
the
right-of-way
of
any
other
traffic,
including
pedestrians.
b.
Transports
any
hazardous
material
regulated
by
section
321.450
or
49
U.S.C.
ch.
51
that
is
required
to
be
placarded.
3.
A
person
who
violates
this
section
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8A,
subsection
9B.
Sec.
7.
NEW
SECTION
.
321O.5
Areas
of
operation.
1.
A
personal
delivery
device
may
operate
on
any
of
the
following:
a.
A
pedestrian
area
at
a
speed
not
to
exceed
six
miles
per
House
File
304,
p.
4
hour.
b.
A
road,
provided
that
the
speed
limit
on
the
road
is
forty
miles
per
hour
or
less,
under
all
of
the
following
conditions:
(1)
The
device
operates
as
far
to
the
right
from
the
center
of
the
road
as
is
practicable.
(2)
The
device
does
not
exceed
twenty
miles
per
hour,
or
the
speed
limit
on
the
road,
whichever
is
lower.
2.
The
operator
of
a
personal
delivery
device
that
violates
this
section
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8A,
subsection
5.
Sec.
8.
NEW
SECTION
.
321O.6
Equipment.
1.
A
personal
delivery
device
operated
under
this
chapter
must
be
equipped
with
all
of
the
following:
a.
A
marker
that
clearly
states
the
name
and
contact
information
of
the
business
entity
operating
the
device
and
a
unique
identification
number.
b.
A
braking
system
that
enables
the
device
to
come
to
a
controlled
stop
in
a
reasonably
safe
time
and
distance.
2.
A
personal
delivery
device
operated
at
the
times
specified
in
section
321.384
must
be
equipped
with
and
display
a
lighted
lamp
on
the
front
and
rear
of
the
device,
including
one
or
more
lighted
lamps
visible
on
all
sides
of
the
device,
which
lamps
must
be
recognizable
in
clear
weather
conditions
from
a
distance
of
five
hundred
feet
from
the
device
when
the
device
is
directly
in
front
of
a
motor
vehicle’s
headlamps
displaying
the
lowermost
distribution
of
light
as
discussed
in
section
321.409,
subsection
1,
paragraph
“b”
.
3.
The
operator
of
a
personal
delivery
device
that
violates
subsection
1
commits
a
simple
misdemeanor
punishable
by
a
fine
of
at
least
one
hundred
dollars
but
not
more
than
one
thousand
dollars
for
each
violation.
4.
The
operator
of
a
personal
delivery
device
that
violates
subsection
2
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8A,
subsection
9B.
However,
the
citation
shall
first
provide
for
a
seventy-two-hour
period
within
which
the
operator
charged
with
the
violation
shall
replace
or
repair
the
lamp
as
described
in
section
321.385A.
If
the
operator
complies
with
the
directive
House
File
304,
p.
5
to
replace
or
repair
the
lamp,
the
citation
shall
be
expunged.
Sec.
9.
NEW
SECTION
.
321O.7
Regulation
by
local
authorities.
1.
A
local
authority,
as
defined
in
section
321.1,
in
the
interest
of
public
safety,
may
prohibit
the
operation
of
personal
delivery
devices
on
certain
roads
and
pedestrian
areas
within
its
jurisdiction
if
operation
in
those
areas
would
constitute
a
safety
hazard.
2.
Except
as
authorized
under
subsection
1,
a
local
authority
shall
not
regulate
the
operation,
equipment,
licensing,
registration,
or
taxation
of
a
personal
delivery
device
in
a
manner
inconsistent
with
this
chapter,
including
but
not
limited
to
imposing
additional
taxes,
fees,
assessments,
surcharges,
licenses,
registrations,
or
certifications,
or
by
imposing
additional
restrictions
or
requirements
relating
to
hours
or
areas
of
operation,
equipment,
or
the
types
of
cargo
or
goods
that
may
be
transported.
3.
This
section
does
not
affect
the
power
of
a
local
authority’s
peace
officers
to
enforce
the
laws
of
this
state
relating
to
the
operation
of
a
personal
delivery
device.
Sec.
10.
NEW
SECTION
.
321O.8
Insurance.
A
business
entity
that
operates
a
personal
delivery
device
under
this
chapter
shall
maintain
an
insurance
policy
that
includes
general
liability
coverage
of
not
less
than
five
hundred
thousand
dollars
for
damages
arising
from
the
operation
of
the
device.
Sec.
11.
Section
805.8A,
subsection
5,
paragraph
a,
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
For
excessive
speed
violations
in
excess
of
the
limit
under
section
321.236,
subsections
5
and
11
,
section
321.285
,
section
321.383,
subsection
5
,
section
321O.5,
subsection
1,
and
section
461A.36
,
the
scheduled
fine
shall
be
the
following:
Sec.
12.
Section
805.8A,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9B.
Personal
delivery
device
violations.
a.
For
violations
under
section
321O.4,
the
scheduled
fine
is
thirty-five
dollars.
House
File
304,
p.
6
b.
For
violations
under
section
321O.6,
subsection
2,
the
scheduled
fine
is
forty-five
dollars.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
304,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
