(a) A personal delivery device or mobile carrier may operate on sidewalks and crosswalks. A personal delivery device or mobile carrier operating on a sidewalk or crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device or mobile carrier shall not unreasonably interfere with pedestrians or traffic, and shall yield the right-of-way to pedestrians on the sidewalk or crosswalk.
(b) Personal delivery devices and mobile carriers shall:
(1) Obey all official traffic and pedestrian control signals and devices;
(2) For personal delivery devices, include a plate or marker that has a unique identifying device number and identifies the name and contact information of the personal delivery device operator; and
(3) Be equipped with a braking system that, when active or engaged, enables the personal delivery device or mobile carrier to come to a controlled stop.
(c) Mobile carriers shall not:
(1) Operate on a public highway except to the extent necessary to cross a crosswalk;
(2) Operate on a sidewalk or crosswalk unless the mobile carrier owner is actively controlling or monitoring the navigation and remains within twenty-five feet of the mobile carrier;
(3) Transport hazardous materials as defined in RSA 259:40; or
(4) Transport persons or animals.
(d) Personal delivery devices shall not:
(1) Operate at speeds in excess of twelve mph on sidewalks;
(2) Operate at speeds in excess of twenty mph on roadways;
(3) Operate unless the navigation and operation is being monitored or controlled by an operator; or
(4) Transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 (49 United States Code Sections 5101 through 5128) and must be placarded under 49 Code of Federal Regulations Sections 172.500 through 172.560.
(W. Va. Code § 17C-24-2; Ord. 2331. Passed 11-17-22.)