AN ACT relating to personal delivery devices.

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AN ACT relating to personal delivery devices. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 189 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Business entity" means a legal entity, including a corporation, 6
partnership, or sole proprietorship; 7
(b "Pedestrian area" means a sidewal k, crosswalk, school crosswalk, school 8
crossing zone, or safety zone; and 9
(c) "Personal delivery device" means a device that is: 10
1. Intended primarily to transport cargo on sidewalks, crosswalks, 11
bicycle lanes or paths; shoulders; sides of streets, roadways, or 12
highways; parking lots; or any similar area; and 13
2. Is equipped with technology to allow for operation of the device with 14
or without the active control of a natural person. 15
(2) Notwithstanding any provision of this chapter to the contrary, a business entity 16
may operate a personal delivery device on any sidewalk; crosswalk; bicycle lane 17
or path; shoulder; side of a street, roadway , or highway; parking lot; or similar 18
area. 19
(3) A personal delivery device shall have all the rights and responsibilities applicable 20
to a pedestrian or bicyclist under the same circumstances, except for those duties 21
that by their nature cannot apply to a personal delivery device or those that would 22
place an unreasonable burden on the operation of the personal delivery device. 23
(4) A personal delivery device shall: 24
(a) Include a unique identifying number and the contact information of the 25
business entity operating the personal delivery device; 26
(b) Be equipped with a braking system that enables the personal delivery device 27
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to come to a controlled stop; and 1
(c) Be equipped with lights that are visible from at least five hundred (500) feet 2
under normal conditions when it is operated at night. 3
(5) A personal delivery device shall not: 4
(a) Exceed a speed of ten (10) miles per hour in a pedestrian area and twenty 5
(20) miles per hour in other areas; 6
(b) Exceed a weight of five hundred (500) pounds, excluding cargo; 7
(c) Unreasonably interfere with pedestrians or traffic; or 8
(d) Operate in the Commonwealth unless a human who is an agent of the 9
business entity operating the personal delivery device is capable of 10
monitoring and exercising control over the operation of the personal 11
delivery device. 12
(6) A personal delivery device shall not be considered a motor vehicle as defined in 13
Sections 2 and 3 of this Act. 14
(7) A business entity operating a personal delivery device shall maintain an 15
insurance policy that includes general liability coverage of at least one hundred 16
thousand dollars ($100,000) for damages arising from the operation of the device. 17
(8) A local government shall not impose any tax or fee or impose any other 18
requirement on a personal delivery device or business e ntity operating a personal 19
delivery device. 20
Section 2. KRS 186.010 is amended to read as follows: 21
As used in this chapter, unless otherwise indicated: 22
(1) "Cabinet," as used in KRS 186.400 to 186.640, means the Transport ation Cabinet; 23
except as specifically designated, "cabinet," as used in KRS 186.020 to 186.270, 24
means the Transportation Cabinet only with respect to motor vehicles, other than 25
commercial vehicles; "cabinet," as used in KRS 186.020 to 186.270, means the 26
Department of Vehicle Regulation when used with respect to commercial vehicles; 27
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(2) "Highway" means every way or place of whatever nature when any part of it is 1
open to the use of the public, as a matter of right, license, or privilege, for the 2
purpose of vehicular traffic; 3
(3) "Manufacturer" means any person engaged in manufacturing motor vehicles who 4
will, under normal conditions during the year, manufacture or assemble at least ten 5
(10) new motor vehicles; 6
(4) "Motor vehicle" means in KRS 186.020 to 186.26 0, all vehicles, as defined in 7
paragraph (a) of subsection (8) of this section, which are propelled otherwise than 8
by muscular power. As used in KRS 186.400 to 186.640, it means all vehicles, as 9
defined in paragraph (b) of subsection (8) of this section, w hich are self -propelled. 10
"Motor vehicle" shall not include a moped as defined in this section or a personal 11
delivery device under Section 1 of this Act , but for registration purposes shall 12
include low-speed vehicles and military surplus vehicles as defined in this section 13
and vehicles operating under KRS 189.283; 14
(5) "Moped" means either a motorized bicycle whose frame design may include one (1) 15
or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or 16
a motorized bicycle with a step-through type frame which may or may not have 17
pedals rated no more than two (2) brake horsepower, a cylinder capacity not 18
exceeding fifty (50) cubic centimeters, an automatic transmission not requiring 19
clutching or shifting by the operator after the dr ive system is engaged, and capable 20
of a maximum speed of not more than thirty (30) miles per hour; 21
(6) "Operator" means any person in actual control of a motor vehicle upon a highway; 22
(7) (a) "Owner" means a person who holds the legal title of a vehicle or a person who 23
pursuant to a bona fide sale has received physical possession of the vehicle 24
subject to any applicable security interest. 25
(b) A vehicle is the subject of an agreement for the conditional sale or lease, with 26
the vendee or lessee entitled to possession of the vehicle, upon performance of 27
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the contract terms, for a period of three hundred sixty -five (365) days or more 1
and with the ri ght of purchase upon performance of the conditions stated in 2
the agreement and with an immediate right of possession vested in the 3
conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to 4
possession, the conditional vendee or lessee or m ortgagor shall be deemed the 5
owner. 6
(c) A licensed motor vehicle dealer who transfers physical possession of a motor 7
vehicle to a purchaser pursuant to a bona fide sale, and complies with the 8
requirements of KRS 186A.220, shall not be deemed the owner of t hat motor 9
vehicle solely due to an assignment to his dealership or a certificate of title in 10
the dealership's name. Rather, under these circumstances, ownership shall 11
transfer upon delivery of the vehicle to the purchaser, subject to any 12
applicable security interest; 13
(8) (a) "Vehicle," as used in KRS 186.020 to 186.260, includes all agencies for the 14
transportation of persons or property over or upon the public highways of this 15
Commonwealth and all vehicles passing over or upon said highways, except 16
electric low-speed scooters, road rollers, road graders, farm tractors, vehicles 17
on which power shovels are mounted, such other construction equipment 18
customarily used only on the site of construction and which is not practical for 19
the transportation of persons or property upon the highways, such vehicles as 20
travel exclusively upon rails, and such vehicles as are propelled by electric 21
power obtained from overhead wires while being operated within any 22
municipality or where said vehicles do not travel more than five (5) miles 23
beyond the city limit of any municipality. 24
(b) As used in KRS 186.400 to 186.640, "vehicle" means every device in, upon, 25
or by which any person or property is or may be transported or drawn upon a 26
public highway, except electric low -speed scooters, devices moved by human 27
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and animal power or used exclusively upon stationary rails or tracks, or which 1
derives its power from overhead wires; 2
(9) KRS 186.020 to 186.270 apply to motor vehicle licenses. KRS 186.400 to 186.640 3
apply to operator's licenses; 4
(10) "Dealer" means any person engaging in the business of buying or selling motor 5
vehicles; 6
(11) "Commercial vehicles" means all motor vehicles that are required to be registered 7
under the terms of KRS 186.050, but not including vehicles primarily design ed for 8
carrying passengers and having provisions for not more than nine (9) passengers 9
(including driver), motorcycles, sidecar attachments, pickup trucks and passenger 10
vans which are not being used for commercial or business purposes, and motor 11
vehicles registered under KRS 186.060; 12
(12) "Resident" means any person who has established Kentucky as his or her state of 13
domicile. Proof of residency shall include but not be limited to a deed or property 14
tax bill, utility agreement or utility bill, or rental housing agreement. The possession 15
by an operator of a vehicle of a valid Kentucky operator's license shall be prima -16
facie evidence that the operator is a resident of Kentucky; 17
(13) "Special status individual" means: 18
(a) "Asylee" means any person lawfully pres ent in the United States who 19
possesses an I -94 card issued by the United States Department of Justice, 20
Immigration and Naturalization Service, on which it states "asylum status 21
granted indefinitely pursuant to Section 208 of the Immigration & Nationality 22
Act"; 23
(b) "K-1 status" means the status of any person lawfully present in the United 24
States who has been granted permission by the United States Department of 25
Justice, Immigration and Naturalization Service to enter the United States for 26
the purpose of marr ying a United States citizen within ninety (90) days from 27
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the date of that entry; 1
(c) "Refugee" means any person lawfully present in the United States who 2
possesses an I -94 card issued by the United States Department of Justice, 3
Immigration and Naturalizat ion Service, on which it states "admitted as a 4
refugee pursuant to Section 207 of the Immigration & Nationality Act"; and 5
(d) "Paroled in the Public Interest" means any person lawfully present in the 6
United States who possesses an I -94 card issued by the U nited States 7
Department of Justice, Immigration and Naturalization Service, on which it 8
states "paroled pursuant to Section 212 of the Immigration & Nationality Act 9
for an indefinite period of time"; 10
(14) "Instruction permit" includes both motor vehicle instruction permits and motorcycle 11
instruction permits; 12
(15) "Motorcycle" means any motor driven vehicle that has a maximum speed that 13
exceeds fifty (50) miles per hour, has a seat or saddle for the use of the operator, 14
and is designed to travel on not more than three (3) wheels in contact with the 15
ground, including vehicles on which the operator and passengers ride in an enclosed 16
cab. Only for purposes of registration, "motorcycle" shall include a motor scooter, 17
an alternative -speed motorcycle, and an autocy cle as defined in this section, but 18
shall not include a tractor or a moped as defined in this section; 19
(16) "Low-speed vehicle" means a motor vehicle that: 20
(a) Is self -propelled using an electric motor, combustion -driven motor, or a 21
combination thereof; 22
(b) Is four (4) wheeled; and 23
(c) Is designed to operate at a speed not to exceed twenty-five (25) miles per hour 24
as certified by the manufacturer; 25
(17) "Alternative-speed motorcycle" means a motorcycle that: 26
(a) Is self-propelled using an electric motor; 27
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(b) Is three (3) wheeled; 1
(c) Has a fully enclosed cab and includes at least one (1) door for entry; 2
(d) Is designed to operate at a speed not to exceed forty (40) miles per hour as 3
certified by the manufacturer; and 4
(e) Is not an autocycle as defined in this section; 5
(18) "Multiple-vehicle driving range" means an enclosed area that is not part of a 6
highway or otherwise open to the public on which a number of motor vehicles may 7
be used simultaneously to provide driver training under the supervision of one (1) 8
or more driver training instructors; 9
(19) "Autocycle" means any motor vehicle that: 10
(a) Is equipped with a seat that does not require the operator to straddle or sit 11
astride it; 12
(b) Is designed to travel on three (3) wheels in contact with the ground; 13
(c) Is designed to operate at a speed that exceeds forty (40) miles per hour as 14
certified by the manufacturer; 15
(d) Allows the operator and passenger to ride either side-by-side or in tandem in a 16
seating area that may be enclosed with a removable or fixed top; 17
(e) Is equipped with a three (3) point safety belt system; 18
(f) May be equipped with a manufacturer-installed air bags or a roll cage; 19
(g) Is designed to be controlled with a steering wheel and pedals; and 20
(h) Is not an alternative-speed motorcycle as defined in this section; 21
(20) "Military surplus vehicle" means a multipurpose wheeled surplus military vehicle 22
that: 23
(a) Is not operated using continuous tracks; 24
(b) Was originally manufactured for and sold directly to the Armed Forces of the 25
United States; and 26
(c) Was originally manufactured under the federally mandated requirements set 27
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forth in 49 C.F.R. sec. 571.7; 1
(21) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, 2
and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid 3
species; 4
(22) "Identity document" means an instruction permit, op erator's license, or personal 5
identification card issued under KRS 186.4102, 186.412, 186.4121, 186.4122, and 6
186.4123 or a commercial driver's license issued under KRS Chapter 281A; 7
(23) "Travel ID," as it refers to an identity document, means a document that complies 8
with Pub. L. No. 109-13, Title II; 9
(24) "Motor scooter" means a low-speed motorcycle that is: 10
(a) Equipped with wheels greater than sixteen (16) inches in diameter; 11
(b) Equipped with an engine greater than fifty (50) cubic centimeters; 12
(c) Designed to operate at a speed not to exceed fifty (50) miles per hour; 13
(d) Equipped with brake horsepower of two (2) or greater; and 14
(e) Equipped with a step-through frame or a platform for the operator's feet; 15
(25) "Alternative technology," as used in KRS 186.400 to 186.640, means methods used 16
by the cabinet to facilitate the issuance of operator's licenses and personal 17
identification cards outside of the normal in -person application at a cabinet office, 18
including but not limited to a cabinet mobile unit or online services; 19
(26) "Electric motorcycle" means the same as "motorcycle" or "motor scooter" as 20
defined in this section, that is powered by a: 21
(a) Battery or equivalent energy storage device that can be charged with an 22
electric plug using an external electricity source; or 23
(b) Combination of an internal combustion engine and electric motor; and 24
(27) "Electric vehicle" means any vehicle that has plug-in charging capability, regardless 25
of whether the vehicle is powered by: 26
(a) An electric motor only; or 27
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(b) A combination of an internal combustion engine and electric power. 1
Section 3. KRS 189.010 is amended to read as follows: 2
As used in this chapter: 3
(1) "Department" means the Department of Highways; 4
(2) "Crosswalk" means: 5
(a) That part of a roadway at an intersection within the connections of the lateral 6
lines of the sidewalks on opposite sides of the highway measured from the 7
curbs or in the absence of curbs, from the edges of the traversable roadway; or 8
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated 9
for pedestrian crossing by lines or other markings on the surface; 10
(3) "Highway" means any public road, street, avenue, al ley or boulevard, bridge, 11
viaduct, or trestle and the approaches to them and includes private residential roads 12
and parking lots covered by an agreement under KRS 61.362, off -street parking 13
facilities offered for public use, whether publicly or privately o wned, except for -14
hire parking facilities listed in KRS 189.700; 15
(4) "Intersection" means: 16
(a) The area embraced within the prolongation or connection of the lateral curb 17
lines, or, if none, then the lateral boundary lines of the roadways of two (2) 18
highways which join one another, but do not necessarily continue, at 19
approximately right angles, or the area within which vehicles traveling upon 20
different highways joining at any other angle may come into conflict; or 21
(b) Where a highway includes two (2) roadway s thirty (30) feet or more apart, 22
then every crossing of each roadway of such divided highway by an 23
intersecting highway shall be regarded as a separate intersection. If the 24
intersecting highway also includes two (2) roadways thirty (30) feet or more 25
apart, every crossing of two (2) roadways of the highways shall be regarded as 26
a separate intersection. The junction of a private alley with a public street or 27
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highway shall not constitute an intersection; 1
(5) "Manufactured home" has the same meaning as defined in KRS 186.650; 2
(6) "Motor truck" means any motor -propelled vehicle designed for carrying freight or 3
merchandise. It shall not include self -propelled vehicles designed primarily for 4
passenger transportation but equipped with frames, racks, or bodies havin g a load 5
capacity of not exceeding one thousand (1,000) pounds; 6
(7) "Operator" means the person in actual physical control of a vehicle; 7
(8) "Pedestrian" means any person afoot or in a wheelchair; 8
(9) "Right-of-way" means the right of one (1) vehicle or pe destrian to proceed in a 9
lawful manner in preference to another vehicle or pedestrian approaching under 10
such circumstances of direction, speed, and proximity as to give rise to danger of 11
collision unless one grants precedence to the other; 12
(10) "Roadway" means that portion of a highway improved, designed, or ordinarily used 13
for vehicular travel, exclusive of the berm or shoulder. If a highway includes two 14
(2) or more separate roadways, the term "roadway" as used herein shall refer to any 15
roadway separately but not to all such roadways collectively; 16
(11) "Safety zone" means the area or space officially set apart within a roadway for the 17
exclusive use of pedestrians and which is protected or is so marked or indicated by 18
adequate signs as to be plainly visible at all times while set apart as a safety zone; 19
(12) "Semitrailer" means a vehicle designed to be attached to, and having its front end 20
supported by, a motor truck or truck tractor, intended for the carrying of freight or 21
merchandise and having a load capacity of over one thousand (1,000) pounds; 22
(13) "Truck tractor" means any motor-propelled vehicle designed to draw and to support 23
the front end of a semitrailer. The semitrailer and the truck tractor shall be 24
considered to be one (1) unit; 25
(14) "Sharp curve" means a curve of not less than thirty (30) degrees; 26
(15) "State Police" includes any agency for the enforcement of the highway laws 27
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established pursuant to law; 1
(16) "Steep grade" means a grade exceeding seven percent (7%); 2
(17) "Trailer" means any vehicle designed to be drawn by a motor truck or truck -tractor, 3
but supported wholly upon its own wheels, intended for the carriage of freight or 4
merchandise and having a load capacity of over one thousand (1,000) pounds; 5
(18) "Unobstructed highway" means a stra ight, level, first -class road upon which no 6
other vehicle is passing or attempting to pass and upon which no other vehicle or 7
pedestrian is approaching in the opposite direction, closer than three hundred (300) 8
yards; 9
(19) (a) "Vehicle" includes: 10
1. All agencies for the transportation of persons or property over or upon 11
the public highways of the Commonwealth; and 12
2. All vehicles passing over or upon the highways. 13
(b) "Motor vehicle" includes all vehicles, as defined in paragraph (a) of this 14
subsection, except: 15
1. Road rollers; 16
2. Road graders; 17
3. Farm tractors; 18
4. Vehicles on which power shovels are mounted; 19
5. Construction equipment customarily used only on the site o f 20
construction and which is not practical for the transportation of persons 21
or property upon the highways; 22
6. Vehicles that travel exclusively upon rails; 23
7. Vehicles propelled by electric power obtained from overhead wires 24
while being operated within any municipality or where the vehicles do 25
not travel more than five (5) miles beyond the city limits of any 26
municipality; 27
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8. Vehicles propelled by muscular power;[ and] 1
9. Electric low-speed scooters; and 2
10. Personal delivery devices under Section 1 of this Act. 3
(20) "Reflectance" means the ratio of the amount of total light, expressed in a 4
percentage, which is reflected outward by the product or material to the amount of 5
total light falling on the product or material; 6
(21) "Sunscreening material" means a prod uct or material, including film, glazing, and 7
perforated sunscreening, which, when applied to the windshield or windows of a 8
motor vehicle, reduces the effects of the sun with respect to light reflectance or 9
transmittance; 10
(22) "Transmittance" means the ra tio of the amount of total light, expressed in a 11
percentage, which is allowed to pass through the product or material, including 12
glazing, to the amount of total light falling on the product or material and the 13
glazing; 14
(23) "Window" means any device design ed for exterior viewing from a motor vehicle, 15
except the windshield, any roof -mounted viewing device, and any viewing device 16
having less than one hundred fifty (150) square inches in area; 17
(24) "All-terrain vehicle" means any motor vehicle used for recreational off-road use; 18
(25) "Nondivisible load," as pertains to state highways that are not part of the national 19
truck network established pursuant to 23 C.F.R. pt. 658, means a load or vehicle, 20
that if separated into smaller loads or vehicles: 21
(a) Compromises the intended use of the vehicle, making it unable to perform the 22
function for which it was intended; 23
(b) Destroys the value of the load or vehicle, making it unusable for its intended 24
purpose; or 25
(c) Requires more than four (4) work hours to dismantle an d reassemble using 26
appropriate equipment; 27
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(26) "Electric low-speed scooter" means a device that: 1
(a) Weighs less than one hundred (100) pounds; 2
(b) Is equipped with wheels; 3
(c) Is equipped with handlebars; 4
(d) Is equipped with a brake adequate enough to stop and park the device; 5
(e) Is designed to be stood or sat upon; 6
(f) Is propelled by an electric motor, human power, or both; and 7
(g) Is designed to operate at a maximum speed of twenty (20) miles per hour, on a 8
paved level surface, with or without human propulsion; and 9
(27) "Highway work zone" means that portion of a highway and the affected area 10
adjacent to a lane, berm, or shoulder, i ncluding a sidewalk, upon which 11
construction, reconstruction, resurfacing, maintenance, inspection, or other work of 12
that nature is being conducted by a government agency, private contractor, or utility 13
company. 14