HB 116 - VERSION ADOPTED BY BOTH BODIES

6Jan2022... 2199h

2021 SESSION

21-0104

11/06

HOUSE BILL 116

AN ACT relative to personal delivery devices and mobile carriers.

SPONSORS: Rep. Steven Smith, Sull. 11; Rep. Packard, Rock. 5; Rep. Walsh, Merr. 24

COMMITTEE: Transportation

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ANALYSIS

This bill defines and regulates personal delivery devices and mobile carriers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Jan2022... 2199h 21-0104

11/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to personal delivery devices and mobile carriers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Motor Vehicles; Definitions; Mobile Carrier. Amend RSA 259 by inserting after section 56 the following new section:

259:56-a Mobile Carrier. "Mobile carrier" means an electrically powered device that:

I. Is operated on sidewalks and crosswalks and is intended primarily for transporting property.

II. Weighs less than 80 pounds, excluding cargo.

III. Has a maximum speed of 12.5 miles per hour.

IV. Is equipped with a technology to transport personal property with the active monitoring of a property owner and primarily designed to remain within 25 feet of the property owner.

2 New Sections; Motor Vehicles; Definitions; Personal Delivery Device. Amend RSA 259 by inserting after section 75 the following new sections:

259:75-a Personal Delivery Device. "Personal delivery device" means an electrically powered device that:

I. Is operated on sidewalks, crosswalks, and roadways and is intended primarily for transporting goods and cargo.

II. Is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person.

III. When operated in compliance with this section is not a vehicle.

259:75-b Roadway. For purposes of RSA 259:75-b and RSA 265:163, "roadway" means that portion of a way improved, designed, or ordinarily used for vehicular travel, including the berm or shoulder where such berm or shoulder is used by persons riding bicycles or other human powered vehicles.

3 New Subdivision; Special Rules for Personal Delivery Devices and Mobile Carriers. Amend RSA 265 by inserting after section 162 the following new subdivision:

Special Rules for Personal Delivery Devices and Mobile Carriers

265:163 Personal Delivery Devices and Mobile Carriers.

I. A personal delivery device or mobile carrier may operate on sidewalks and crosswalks. A personal delivery device or mobile carrier operating on a sidewalk or crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device or mobile carrier shall not unreasonably interfere with pedestrians or traffic and shall yield the right-of-way to pedestrians on the sidewalk or crosswalk. State and local law enforcement shall have the authority to enforce state and local traffic laws.

II. Personal delivery devices and a mobile carriers shall:

(a) Obey all official traffic and pedestrian control signals and devices.

(b) For personal delivery devices, include a plate or marker that has a unique identifying device number and identifies the name and contact information of the personal delivery device operator.

(c) Be equipped with a braking system that, when active or engaged, enables the personal delivery device or mobile carrier to come to a controlled stop.

III. Mobile carriers shall not:

(a) Operate on a roadway except to the extent necessary to cross a crosswalk.

(b) Operate on a sidewalk or crosswalk unless the mobile carrier owner remains within 25 feet of the mobile carrier.

(c) Transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 and must be placarded under 49 CFR 172.500 through 172.560.

(d) Transport persons or animals.

IV. Personal delivery devices shall not:

(a) Operate at speeds in excess of 10 miles per hour on sidewalks;

(b) Operate at speeds in excess of 20 miles per hour on roadways;

(d) Transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 and must be placarded under 49 CFR 172.500 through 172.560.

V. A local authority may not ban the operation of a personal delivery device but may reasonably restrict the operation of a personal delivery device on a roadway or in a pedestrian area in a manner consistent with this subdivision following an opportunity for input from stakeholders.

VI. A person who owns and operates a personal delivery device in this state shall maintain an insurance policy, on behalf of himself or herself and his or her agents, which provides general liability coverage of at least $100,000 for damages arising from the combined operations of personal delivery devices under the entity’s or agent’s control.

4 Effective Date. This act shall take effect 60 days after its passage.