D.C. Law 22-137. Personal Delivery Device Act of 2018.

AN ACT

To establish a Personal Delivery Device Program to be administered by the District Department of Transportation, to authorize the District Department of Transportation to issue permits for the operation of personal delivery devices on sidewalks and crosswalks in the District, to establish operational standards for personal delivery devices, to require a permit holder to report certain information to the District Department of Transportation, and to clarify how the personal delivery device pilot program will transition into the Personal Delivery Device Program.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Personal Delivery Device Act of 2018".

Sec. 2. Definitions.

For the purposes of this act, 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;

(C) Has a maximum speed of 10 miles per hour; and

(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 act, authorizing the operation of a PDD.

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

Sec. 3. 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 act.

(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 act;

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

(C) The person signing the application is authorized to sign and file the application;

(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.

Sec. 4. Operation of a personal delivery device.

(a) A permit holder may operate a PDD that complies with this act 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.

Sec. 5. 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 act shall not be disclosed to a third party by the Department, including through a request submitted pursuant to the Freedom of Information Act of 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.).

Sec. 6. Enforcement.

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

(b) Civil fines and penalties may be imposed as sanctions for any infraction of the provisions of this act, or rules issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.).

Sec. 7. Transition.

(a) After the effective date of this act, no registrations, including renewals, shall be issued under the Personal Delivery Device Pilot Program Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 50-1551 et seq.).

(b)(1) A registration, including a renewal, issued before the effective date of this act, pursuant to the Personal Delivery Device Pilot Program Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 50-1551 et seq.), 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 the effective date of this act, pursuant to the Personal Delivery Device Pilot Program Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 50-1551 et seq.), may continue to operate a PDD in accordance with the Personal Delivery Device Pilot Program Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 50-1551 et seq.), until the registration, or renewal, expires, is revoked, or the person or entity obtains a new permit under this act.

(c) As of December 31, 2018, the Personal Delivery Device Pilot Program Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 50-1551 et seq.), is repealed.

Sec. 8. Rules.

The Department, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.

Sec. 9. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 10. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.