Chapter 1A. Personal Delivery Device Program.

§ 50–110.01. Definitions.

For the purposes of this chapter, the term:

(1) "Contact information" means the legal name, website, business address, and telephone number.

(2) "Crosswalk" means the part of a roadway at an intersection included within the lateral lines connecting sidewalks on opposite sides of the roadway.

(3) "Department" means the District Department of Transportation.

(4) "Director" means the Director of the Department.

(5) "Eligible entity" means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.

(6)(A) "Hazardous materials" means substances or materials in a quantity and form that may pose an unreasonable risk to health, safety, or property when transported in commerce.

(B) The term "hazardous materials" includes explosives, radioactive materials, etiological agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, or compressed gases.

(7) "Operator" means an agent of a permit holder who exercises direct physical control over, or monitoring of, the operation of a PDD.

(8) "PDD" means an electronically powered device that:

(A) Is intended to transport property on sidewalks and crosswalks;

(B) Weighs less than 90 pounds, excluding any property being carried by the PDD;

(D) Is capable of operating both with and without the direct control of the operator.

(9) "Pedestrian" means any person afoot or who is using a wheelchair.

(10) "Permit holder" means an eligible entity that has received a permit from the Department, pursuant to this chapter, authorizing the operation of a PDD.

(11) "Traffic" includes motor vehicles, motorcycles, personal mobility device, pedestrians, bicyclists, and animals.

§ 50–110.02. Permits for the operation of a personal delivery device.

(a) There is established a Personal Delivery Device Program ("PDD Program"), which shall be administered by the Department in accordance with this chapter.

(b) Under the PDD Program, the Director may issue permits to eligible entities authorizing the operation of a PDD subject to any reasonable terms and conditions that the Director may require.

(c) To obtain a permit pursuant to this section, an eligible entity shall submit an application to the Director, which shall include the following:

(1) The eligible entity's contact information;

(2) A certification by the eligible entity that:

(A) Each PDD that the eligible entity seeks to operate complies with the requirements of this chapter;

(B) The person signing the application has reviewed the application and determined that the information provided in the application is true and accurate; and

(3) The proposed geographic locations within the District where the eligible entity intends to operate PDDs;

(4) The number of PDDs the eligible entity intends to operate; and

(5) A nonrefundable application fee of $250.

(d) If the Director approves an application submitted pursuant to this section, the Director shall:

(1) Issue a permit to the eligible entity, which shall be valid for one year after the date the permit is issued; and

(2) Require the eligible entity to pay a permit fee in an amount to be determined by the Director.

(e) The Director shall, by rule, establish procedures for the renewal of a permit issued pursuant to this section. The renewal procedures established pursuant to this subsection shall require the permit holder to pay a renewal fee in an amount to be determined by the Director.

§ 50–110.03. Operation of a personal delivery device.

(a) A permit holder may operate a PDD that complies with this chapter on sidewalks and crosswalks in the District.

(b) To operate in the District, a PDD shall:

(1) Obey all traffic control devices and signs;

(2) Operate in a safe and non-hazardous manner that does not endanger traffic or property;

(3) Not unreasonably interfere with traffic;

(4) Not transport any hazardous materials or waste; and

(5) Clearly and conspicuously display the contact information of the permit holder operating the PDD.

(c) A PDD shall have the same obligations and rights-of-way as a pedestrian under similar circumstances, except that a PDD shall yield the right-of-way to traffic.

(d) Notwithstanding any other law, a PDD shall not constitute a vehicle or motor vehicle for any purpose.

(e)(1) If a technology failure or loss of communication occurs during the operation of a PDD, the PDD shall alert the operator and, if the PDD operator is unable to assume direct control of the device, come to an off-roadway stop.

(2) If a PDD comes to an off-roadway stop under paragraph (1) of this subsection, the owner of the PDD shall promptly remove the PDD.

§ 50–110.04. Reporting requirements.

(a) A permit holder shall report the following information to the Department in a manner and at times to be determined by the Department:

(1) A description of the people or entities on whose behalf the permit holder is making deliveries using a PDD;

(2) The total number of deliveries completed by each PDD;

(3) The duration of time, distance traveled, and route of each delivery;

(4) A heat map showing the frequency of routes taken by each PDD;

(5) A description of any collisions involving a PDD and any form of traffic or property;

(6) The nature and location of any incidents involving theft or vandalism of a PDD; and

(7) The nature and location of any incidents involving the cyber hacking of a PDD's systems.

(b) Any records provided to the Department by an eligible entity or permit holder under this chapter shall not be disclosed to a third party by the Department, including through a request submitted pursuant to subchapter II of Chapter 5 of Title 2.

§ 50–110.05. Enforcement.

(a) The Director may suspend or revoke a permit issued pursuant to this chapter if a permit holder violates any provision of this chapter, or rules issued pursuant to this chapter.

(b) Civil fines and penalties may be imposed as sanctions for any infraction of the provisions of this chapter, or rules issued pursuant to this chapter, pursuant to Chapter 18 of Title 2.

§ 50–110.06. Transition.

(a) After July 17, 2017, no registrations, including renewals, shall be issued under Chapter 15C of this title.

(b)(1) A registration, including a renewal, issued before July 17, 2017, pursuant to Chapter 15C of this title, shall remain valid for one year from the date of registration, or renewal, or until December 31, 2018, whichever is first.

(2) A person or entity who has a registration, including a renewal, that was issued before July 17, 2017, pursuant to Chapter 15C of this title, may continue to operate a PDD in accordance with Chapter 15C of this title, until the registration, or renewal, expires, is revoked, or the person or entity obtains a new permit under this chapter.

§ 50–110.07. Rules.

The Department, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.