Pennsylvania § 8516 - Operation.

§ 8516. Operation.

(a) Operational phases.--The following shall apply:

(1) Except as permitted under subparagraph (iii), upon the initial issuance of a PDD authorization, an authorized entity shall be limited to phase 1 operation to demonstrate safe operation of personal delivery devices by the authorized entity and its PDD operators, subject to the following:

(i) Except as permitted under subparagraph (ii), The department may not limit an authorized entity to phase 1 operation for less than 90 days and not more than 180 days from the date the PDD authorization was issued, or less than 90 days and not more than 180 days from the date the authorized entity's phase 2 operation was revoked by the department, whichever is applicable.

(ii) The department may limit an authorized entity to phase 1 operation for less than 90 days or more than 180 days from the date the PDD authorization was issued, or less than 90 days and not more than 180 days from the date the authorized entity's phase 2 operation was revoked by the department, whichever is applicable, if agreed to by the authorized entity.

(iii) The department may exempt an authorized entity from phase 1 operations upon initial issuance of a PDD authorization if the authorized entity can certify, to the department's satisfaction, safe PDD operations in the Commonwealth or other jurisdictions.

(2) The department may authorize, in writing, an authorized entity to operate personal delivery devices under phase 2 if the authorized entity and its PDD operators have demonstrated the safe operation of personal delivery devices under phase 1 and the department has determined the authorized entity's personal delivery devices can be operated safely under phase 2 and in accordance with this subchapter.

(3) Following notice and an opportunity for an administrative hearing, the department may revoke, in writing, an authorized entity's phase 2 authorization and change the authorized entity's authorized operational phase if the department determines the revocation and change is necessary to ensure public safety and compliance with this subchapter.

(b) General operation requirement.--Except as to special operation requirements in subsection (c), An authorized entity and its PDD operators shall operate personal delivery devices in accordance with the provisions of Chapter 35 (relating to special vehicles and pedestrians) applicable to pedestrians.

(c) Additional operation requirements.--An authorized entity and its PDD operators when operating a personal delivery device shall:

(1) only operate a personal delivery device according to the operational phase for which the authorized entity has been authorized by the department;

(2) utilize a pedestrian area when crossing a roadway and, if a pedestrian area is not available or not practicable, only cross the roadway according to policies or guidelines established by the department;

(3) be prohibited from making a left turn across one or more lanes of oncoming traffic on a roadway until or unless guidelines or policies are established by the department;

(4) utilize the shoulder or berm of a roadway as far as practicable from the edge of the roadway whenever a shoulder or berm is available and its use is practicable;

(5) where a shoulder or berm of a roadway is not available or its use is not practicable, utilize a pedestrian area, if available;

(6) where neither a pedestrian area nor a shoulder or berm of a roadway is available, operate the personal delivery device as near as practicable to the outside edge of the roadway;

(7) yield the right-of-way, or safely navigate around, to all pedestrians and pedalcyclists in a pedestrian area;

(8) not transport hazardous materials regulated under 49 U.S.C. § 5103 (relating to general regulatory authority) and required to be placarded under 49 CFR Pt. 172 Subpt. F (relating to placarding);

(9) when traveling on a roadway, or shoulder or berm of a roadway, operate the personal delivery device in the same direction as required of other vehicles operated on the roadway;

(10) not exceed speed limits contained in subsection (d);

(11) not operate on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the secretary, by order, has determined the operation to be hazardous;

(12) not operate on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the posted speed limit is greater than 25 miles per hour, except as permitted in subsection (e);

(13) not operate on a local roadway, or shoulder or berm of a local roadway, under the jurisdiction of a municipality where the posted speed limit is greater than 25 miles per hour, except as permitted in section 8517 (relating to local regulation);

(14) not operate on an interstate highway or freeway;

(15) comply with ordinances or resolutions adopted by local authorities under section 8517;

(16) only operate personal delivery devices that comply with equipment standards established under section 8518 (relating to equipment); and

(17) comply with any other policies or guidelines established by the department consistent with this subchapter.

(d) Speed limit.--A personal delivery device may not exceed 12 miles per hour in a pedestrian area and may not exceed 25 miles per hour on a roadway, or shoulder or berm of a roadway.

(e) Exception.--The department may, by order of the secretary, permit the use of a personal delivery device upon a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour.

(f) PDD operator requirement.--No PDD operator may operate a personal delivery device on behalf of an authorized entity unless the individual possesses a valid driver's license from a licensing authority in the United States. The department may not impose any additional licensing requirements or additional authorization requirements on a PDD operator.

Cross References. Section 8516 is referred to in section 8517 of this title.