Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB147 Engrossed / Bill

                    SLS 21RS-130	REENGROSSED
2021 Regular Session
SENATE BILL NO. 147
BY SENATOR WARD 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DRONES/UNMANNED VEHI CLES.  Provides for personal delivery devices. (gov sig)
1	AN ACT
2 To enact Subpart G-2 of Chapter 1 of Title 32 of the Louisiana Revised Statutes of 1950, to
3 be comprised of R.S. 32:210 through 210.7, relative to the operation of personal
4 delivery devices; to provide for the applicability of motor vehicles and traffic
5 regulations; to provide for definitions and terms; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  Subpart G-2 of Chapter 1 of Title 32 of the Louisiana Revised Statutes
8 of 1950, comprised of R.S. 32:210 through 210.7, is hereby enacted to read as follows:
9	SUBPART G-2. PERSONAL DELIVERY DEVICES
10 §210. Definitions
11	(1) "Agent" means a director, officer, employee, or other person
12 authorized to act on behalf of a business entity.
13	(2) "Business entity" means a legal entity, including a corporation,
14 association, partnership, or sole proprietorship, that is formed for the purpose
15 of making a profit.
16	(3) "Nonpedestrian area" shall consist of any divided highway, highway,
17 roadway, or street where the posted speed limit is thirty-five miles per hour or
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1 less.
2	(4)"Pedestrian area" means a sidewalk, crosswalk, school crosswalk,
3 school crossing zone, or safety zone.
4	(5) "Personal delivery device" means a powered device that travels at the
5 speed of twenty miles per hour or less, is less than five hundred pounds,
6 excluding cargo, is manufactured for transporting cargo and goods in a
7 pedestrian area or supplementary areas, and is equipped with automated
8 driving technology, including software and hardware, that enables the operation
9 of the device with the remote support and supervision of a human being.
10 §210.1. Applicable law
11	A. The operation of a personal delivery device is governed by the
12 provisions of this Subpart and Federal Aviation Administration airport
13 regulations.
14	B. For the purpose of this Subpart, a personal delivery device operated
15 in compliance with this Subpart shall not be considered a vehicle.
16 §210.2. Operator of personal delivery device
17	A. A person may operate a personal delivery device under this Subpart
18 only if the person is a business entity, and an agent of the business entity is
19 trained and capable to monitor or exercise physical control over the navigation
20 and operation of the device.
21	B. Except as provided by Subsection C of this Section, when a personal
22 delivery device operated by a business entity is engaged, the business entity is
23 considered to be the operator of the device solely for the purpose of assessing
24 compliance with applicable traffic laws.
25	C. When a personal delivery device operated by a business entity is
26 engaged and an agent of the entity controls the device in a manner that is
27 outside the scope of the agent's scope of employment, the agent is considered to
28 be the operator of the device.
29	D. A person is not considered to be the operator of a personal delivery
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1 device solely because the person requests a delivery or service provided by the
2 device, or dispatches the device.
3 §210.3. Device operation
4	A personal delivery device operated under this Subpart shall:
5	(1) Operate in a manner that complies with any provision under this
6 Chapter that is applicable to pedestrians, unless the provision cannot apply to
7 the device.
8	(2) Yield to or not obstruct the right-of-way to all other lawful traffic,
9 including pedestrian traffic.
10	(3) Not unreasonably interfere with other traffic, including pedestrian
11 traffic.
12	(4) Display the lights required by R.S. 32:301 et seq., if the personal
13 delivery device is operated at night.
14	(5) Comply with any applicable regulations adopted by local authority.
15	(6) Not transport hazardous materials regulated under the Hazardous
16 Materials Transportation Act, pursuant to 49 U.S.C.A. 5103 and required to be
17 placarded under 49 CFR Part 172, Subpart F.
18	(7) Be monitored or controlled by an agent of the business entity meeting
19 the requirements of R.S. 32:210.2 (A).
20 §210.4. Areas of operation
21	A personal delivery device operated under this Subpart may be operated
22 either:
23	(1) In a pedestrian area at speeds up to twelve miles per hour.
24	(2) At a speed not to exceed twenty miles per hour in a nonpedestrian
25 area, provided that the personal delivery device shall not cross any divided
26 highway, highway, roadway, or street with a posted speed limit in excess of
27 thirty-five miles per hour at an intersection.
28 §210.5. Personal delivery device equipment
29	A. A personal delivery device operated under this Subpart shall:
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1	(1) Be equipped with a marker that clearly states the name and contact
2 information of the owner and a unique identification number that is specific to
3 each individual personal delivery device.
4	(2) Be equipped with a braking system that enables the device to come
5 to a controlled stop.
6	B. A personal delivery device operated under this Subpart at night shall
7 be equipped with lights on the front and rear of the device. The lights affixed to
8 the personal delivery device shall be visible under normal atmospheric
9 conditions for up to five hundred feet away from the device.
10 §210.6. Local authority regulation
11	A. Personal delivery devices may be prohibited by local resolutions or
12 ordinances if the local government determines that the prohibition is in the
13 interest of public safety.
14	B. Nothing in this Subpart shall affect the authority of a peace officer to
15 enforce the laws of this state relating to the operation of a personal delivery
16 device.
17 §210.7. Insurance
18	A business entity that operates a personal delivery device operated under
19 this Subpart shall maintain an insurance policy that includes general liability
20 coverage of not less than one hundred thousand dollars, for damages arising
21 from the operation of the personal delivery device.
22 Section 2. This Act shall become effective upon signature by the governor or, if not
23 signed by the governor, upon expiration of the time for bills to become law without signature
24 of the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
25 vetoed by the governor and subsequently approved by the legislature, this Act shall become
26 effective on the day following such approval.
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The original instrument was prepared by Xavier Alexander. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
DIGEST
SB 147 Reengrossed 2021 Regular Session	Ward
Proposed law provides for definitions relative to personal delivery devices.
Proposed law provides that the operation of a personal delivery device is governed by law
and Federal Aviation Administration airport regulations.
Proposed law provides that a personal delivery device shall not be considered a vehicle.
Proposed law provides that a business entity may be the operator of a personal delivery
device, through an agent of the business entity, that is trained and capable of monitoring or
exercising physical control of the personal delivery device.
Proposed law provides that a personal delivery device shall yield to pedestrians and not
obstruct right-of-ways to all other lawful traffic.
Proposed law provides that a personal delivery device shall not transport hazardous
materials.
Proposed law provides that a personal delivery device may be operated at speeds of up to 12
miles per hour in a pedestrian area or at speeds up to 20 miles per hour in a nonpedestrian
area.
Proposed law provides that a personal delivery device shall be equipped with markers and
a unique identification number. Further provides that a personal delivery device shall be
equipped with a braking system, and lights on the front and rear that are visible up to 500
feet.
Proposed law provides that local authorities may prohibit personal delivery devices, by local
resolution or ordinance, if the local government determines that the prohibition is in the best
interest of public safety.
Proposed law provides that a business entity that operates a personal delivery device shall
maintain no less than $100,000 of general liability insurance on the personal delivery device.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 32:210 - 210.7)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Changes definition of ""personal delivery device".
2. Provides that the operation of a personal delivery device is governed by law
and Federal Aviation Administration airport regulations.
3. Clarifies that a personal delivery device shall not obstruct other lawful
traffic.
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words in boldface type and underscored are additions. SB NO. 147
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4. Provides that local authorities may prohibit personal delivery devices, by
local resolution or ordinance, if the local government determines that the
prohibition is in the best interest of public safety.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.