Amendment #579 to H4789

Mobile Carrying Devices

Mr. Ryan of Boston moves to amend the bill by adding the following section:

"SECTION  XXXX.

SECTION 1

Chapter 90 of the General Laws is hereby amended by inserting in Section 1 after the words “shall not include motorized bicycles” the following: or mobile carrying devices, as defined in Section 1J

SECTION 2

Said Chapter 90 is hereby amended by adding a new Section 1J entitled “mobile carrying devices:”

(1)  MOBILE CARRYING DEVICE.—An electrically powered device that:

(a)   Is operated on sidewalks and crosswalks and intended primarily for transporting personal property;

(b)   Weighs less than 90 pounds, excluding cargo;

(c)   Has a maximum speed of 12.5 miles per hour; and

(d)  Is equipped with a technology to transport personal property with the active monitoring of a property owner; and

(e)   Is primarily designed to remain within twenty-five feet of the personal property owner.

(2) A mobile carrying device is not considered a vehicle unless expressly defined by law as a vehicle.

(3) A mobile carrying device may be operated on a sidewalk or crosswalk so long as all of the following requirements are met:

(a) the mobile carrying device is operated in accordance with the local ordinances, if any, established by the local highway authority governing where the mobile carrying device is operated;

(b) a personal property owner is actively monitoring the navigation and operation of the mobile carrying device;

(c) the mobile carrying device is equipped with a system that enables the mobile carrying device to come to a controlled stop.

(3) A personal property owner monitoring the mobile carrying device may not allow a mobile carrying device to do any of the following:

(a) fail to comply with traffic or pedestrian control devices and signals;

(b) unreasonably interfere with pedestrians or traffic;

(c) transport hazardous material; or

(d) operate on a street or highway, except when crossing the street or highway within a crosswalk.

(4) A mobile carrying device has the rights and obligations applicable to a pedestrian under the same circumstances, except that a mobile carrying device shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk.

(5) A personal property owner may not operate a mobile carrying device unless the person complies with this section.

(6) A violation of this section is an infraction.”