Hb 1009: Remote Operation of Personal Delivery Devices

• Jurisdiction: Georgia,United States
• Citation: Vol. 39 No. 1
• Publication year: 2022
• topic: Insurance Law,Civil Procedure,Technology,Transportation

HB 1009: Remote Operation of Personal Delivery Devices

Laura Bloodworth

lbloodworth2@student.gsu.edu

Julia Webb

jskiver1@student.gsu.edu

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MOTOR VEHICLES AND TRAFFIC

Uniform Rules of the Road: Amend Title 40 of the Official Code of Georgia Annotated, Relating to Motor Vehicles and Traffic, so as to Provide for the Operation of Personal Delivery Devices upon Highways and Sidewalks; Provide for and Revise Definitions; Provide for Conditions and Limitations for such Operation; Provide for Standards for Parking Such Devices; Prohibit the Transport of Hazardous Materials by Such Devices; Provide for Equipment Standards for such Devices; Provide for Insurance and Monitoring Standards; Provide for Procedures for Reporting of Accidents by Such Devices; Provide for Penalties; Provide for Issuance of Citations; Provide for Jurisdiction and Authority to Hear Cases Relative to Such Citations; Provide for Power of Local Authorities relative to Regulation of such Devices; Prohibit Operation of Such Devices in Certain Locations; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes

Code Sections: O.C.G.A. §§ 40-1-1 (amended); 40-6-320, -321, -322, -323, -324, -325, -326, -327 (amended); 40-6-328, -329, -329.1, -329.2 (new)

Bill Number: HB 1009

Act Number: 814

Georgia Laws: 2022 Ga. Laws 543

Effective Date: July 1, 2022

Summary: The Act provides for the remote operation of personal delivery devices on Georgia's highways, streets, bike paths, and sidewalks. it provides the required parameters for operation including parking, time frames, speed limits, safety parameters, weight limits, insurance, and local enforcement through civil citations.

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History

"We are on the eve of the largest robot distribution ever."

- Dr. Susan Calvin, I, Robot¹

Delivery by robot has seemed inevitable for some time due to advances in automation technologies.² Even before the COVID-19 pandemic, the rise in online shopping rendered malls impractical for some patrons who prefer having goods conveniently delivered straight to their doors.³ The need to stay at home at the onset of the pandemic created a rise in remote work and, subsequently, an increased demand for delivery drivers.⁴ Last-mile transport—the stage at which a package arrives at a customer's door—has experienced "[u]nparalleled growth" and is expected to continue to grow by 78% in urban areas through 2030 due to enhanced technology and urbanization.⁵ In response to the continuing pressure on deliveries and logistics, automation experts propose that "[a]utonomous vehicles (AVs) could help alleviate the strain on existing delivery services while reducing the risk of exposure for citizens."⁶

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Even so, many regulatory barriers remain before AVs are globally utilized.⁷ Researchers and economists suggest that automation will "pose significant challenges for policymakers" because automation is highly disruptive to workers and raises safety concerns.⁸ Specifically, AVs would, without prior regulatory exemption, violate "existing vehicle safety standards, which require human-operable controls and mirrors."⁹ Bikers and pedestrians, too, are concerned about safely sharing their paths with delivery robots and personal delivery devices (PDDs), adding another layer to policymakers' challenges.¹⁰ Even so, lawmakers and regulatory authorities have an opportunity to streamline last-mile delivery using AVs by considering new "agile regulation" that upholds necessary safety standards while enabling a sustainable "delivery ecosystem."¹¹

Lawmakers across the country have taken on this opportunistic challenge, and about twenty states had passed legislation regarding PDDs before discussions began in Georgia.¹² But even before Georgia lawmakers began drafting, delivery robots began field testing in Georgia.¹³ Robotic delivery services offer expedited services, cost

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efficiency, increased accuracy, and reduced environmental emissions.¹⁴ Because of PDDs' advantages, Representative Todd Jones (R-25th) introduced HB 1009 during the 2021-2022 legislative session, initially looking to Florida, as the most recent state to pass a similar bill, for guidance.¹⁵ HB 1009 became a natural extension of Georgia's 2003 "Segway Bill," which "created a hybrid status for Segway riders" by granting some pedestrian privileges "while stipulating special speed limits" and traffic rules.¹⁶ Senator Steve Gooch (R-51st) cosponsored the bill, and after the transformative committee process in the House and Senate, Governor Brian Kemp (R) signed HB 1009 into law on May 2, 2022.¹⁷ On July 1, 2022, the Act took effect and robots were free to roam Georgia's streets.¹⁸

Bill Tracking of HB 1009

Consideration and Passage by the House

Representative Todd Jones (R-25th) sponsored and introduced HB 1009 in the House.¹⁹ The bill was placed in the House hopper on January 25, 2022.²⁰ The House read the bill for the first time on January 26, 2022, and for a second time on January 27, 2022.²¹ The

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bill was assigned to the House Committee on Motor Vehicles, and the Committee reported favorably by substitute on February 2, 2022, once the Committee substitute clarified that local authorities could not impose additional taxes on PDDs.²² The next day, the bill was withdrawn from the general calendar of the House and recommitted to the Committee on Motor Vehicles.²³ On February 24, 2022, the Committee reported favorably as substituted.²⁴

The second Committee substitute incorporated PDDs into the existing "Segway Bill" as a more natural evolution of the law, rather than creating a new Chapter in Title 40 of the Official Code of Georgia Annotated, and substantially expanded the bill.²⁵ This substitute clarified parking requirements, accident and violation reporting requirements, civil penalties, and jurisdiction over PDDs.²⁶ The substitute also increased safety standards by imposing speed limits for PDDs, requiring PDDs to emit a sound when near a person or vehicle, imposing a weight limit on PDDs, requiring an operator's phone number be placed on the PDD, and enabling local authorities to set PDDs' permissible hours of operation.²⁷ Additionally, the substitute allowed local authorities to create experimental testing sites for "emerging mobility technologies," such as the Peachtree Corners testing site.²⁸

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On February 24, 2022, the House read the bill for a third time, pursuant to the Modified Structured Rule.²⁹ On March 1, 2022, the House adopted the bill by a vote of 112 to 53.³⁰

Consideration and Passage by the Senate

After HB 1009's passage in the House, the Senate read the bill for the first time on March 3, 2022, and referred it to the Senate Transportation Committee where Senator Steve Gooch (R-51st) sponsored it.³¹ The Committee reported favorably by substitute on March 25, 2022.³² The Committee substitute incorporated several amendments: changing the definitions of "bicycle lane" and "bicycle path" to permit PDD travel; modifying PDDs' weight limit; decreasing the permissible speed limit on sidewalks, shared use paths, safety zones, and crosswalks; increasing the distance from which a PDD must emit a sound; raising the liability insurance amount PDDs must maintain; and requiring that the unique identification number and operator phone number, "which shall be answered at any time when the device is in operation," be prominently displayed on the PDD.³³ Additionally, the Committee added a definition for "personal delivery device owner" and clarified the responsibilities of PDD owners and operators.³⁴ Notably, to help alleviate some safety concerns, the substitute provided that pedestrians and wheelchairs have the right of way on sidewalks and expanded local authorities' existing ability to

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establish hours of operations for PDDs on highways and sidewalks to include "bicycle lanes, bicycle paths, and shared use paths."³⁵

A few days later, on March 28, 2022, the Senate read the bill for the second time.³⁶ Subsequently, the Committee reported favorably by substitute on April 1, 2022.³⁷ This final substitute removed the requirement that a PDD operator must be located in Georgia but added a requirement that the phone number displayed on a PDD connect to an individual in the state.³⁸ Additionally, the final substitute permits local authorities to designate geographic areas (of up to seven miles) where PDDs may be operated under local ordinances rather than state law.³⁹ On the same day, April 1, 2022, the bill was read for a third time and adopted by substitute by a vote of 39 to 10.⁴⁰

Consideration of Senate's Amendments and Passage by the House

After the Senate's passage of the amended version of HB 1009, the bill returned to the House on April 4, 2022, where the House concurred and passed the Senate's substitution by a vote of 151 to 14.⁴¹ The House sent the bill to Governor Brian Kemp (R) on April 7, 2022, and he signed it into law as Act 814 on May 2, 2022.⁴² The effective date of the Act is July 1, 2022.⁴³

The Act

The Act amends Title 40 of the Official Code of Georgia Annotated by amending Code sections 40-1-1, 40-6-320, -321, -322, -323, -324, -325, -326, and -327, and adding

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Code sections 40-6-328, -329, -329.1, and -329.2.⁴⁴ The purpose of the Act is to regulate the operation of PDDs in Georgia.⁴⁵

Section 1

Section 1 of the Act amends the definitions in Code section 40-1-1.⁴⁶ Specifically, the Act amends paragraphs (6.1), (6.2), (33), (43.1), (43.2), and (57), and adds three new paragraphs.⁴⁷ The Act revises the definitions of "bicycle lane" and "bicycle path" to expressly allow PDDs to use these pathways.⁴⁸ The Act revises the definition of "motor vehicle" to expressly exclude PDDs.⁴⁹ The Act replaces paragraphs (43.1) and (43.2), which defined "personal transportation vehicle" and a "personal transportation vehicle path," with the definitions of "personal delivery device" and a "personal delivery device operator."⁵⁰ The Act also adds...