Delivery robots face regulatory 'nightmare': inconsistent state laws hinder national expansion

Regulatory policies for sidewalk delivery robots across U.S. states are difficult to unify, which has become a major obstacle to industry development.

In Georgia, the law allows robots weighing up to 500 pounds to travel on sidewalks at a maximum speed of 4 miles per hour; while in New Hampshire, robots can reach 10 miles per hour but must not weigh more than 80 pounds. According to research data from the Pedestrian and Bicycle Information Center and Supply Chain Dive, as of the end of 2022, at least 23 states have enacted some form of law regulating these delivery robots transporting goods within their borders.

The proliferation of state laws around delivery robot deployment is a double-edged sword for technology developers. On one hand, companies can have more say in the early stages of legislation; on the other hand, the fragmentation of state laws complicates their national expansion.

"Getting all states to agree would be a nightmare—the differences between states are enormous," said Ritukar Vijay, CEO and co-founder of delivery robot company Ottonomy.

Delivery robots enter state legislatures

Although no state explicitly bans delivery robots, technology developers still choose cautious expansion rather than deploying large numbers of robots that could provoke backlash.

"We don't take an 'act first, ask for forgiveness later' approach," said Ali Kashani, CEO and co-founder of Serve Robotics, referring to the rapid expansion of electric scooters that ultimately led to public backlash.

Legislation is often developed under the guidance of delivery robot operators. Starship Technologies, which partners with Grubhub to bring sidewalk robots to university campuses, has worked with lawmakers to advance bills in Virginia, Idaho, Wisconsin, and other states.

But state legislatures are not always favorable to commercial interests, requiring robot developers to actively engage in the political process. Starship CEO Alastair Westgarth said the company has seen proposed bills that, while aimed at ensuring safe deployment, could ultimately hinder delivery services.

Westgarth added that companies ultimately must balance achieving commercial goals with addressing safety concerns. This approach has helped Starship create value for customers and the communities where its robots operate.

Political engagement also allows companies to gain an advantage in ensuring their designs are deployed smoothly. Differences in state laws often depend on which robot operator drove a particular bill, said Carl Hansen, vice president and head of government relations at delivery robot company Coco.

For example, Starship's legislative efforts in 2017 and 2018 were tailored to the specific characteristics of its robots, which can carry about 20 pounds of cargo. Hansen said Amazon and FedEx subsequently pushed legislation in 2019 and 2020 to accommodate the different use cases of their respective robots. FedEx's Roxo robot (a project the company has since canceled to prioritize near-term goals) had a payload capacity of 100 pounds.

But in some state legislatures, companies face stronger resistance. Kansas Governor Laura Kelly vetoed a 2022 bill aimed at regulating sidewalk delivery robot operations. In her veto message, she said lawmakers still need to address safety issues, such as clarifying minimum liability provisions and who is responsible for enforcement. The bill did not receive a motion to reconsider, and it also raised concerns about courier job security.

Despite some opposition, sidewalk delivery robot legislation is gaining clear momentum in state legislatures. The regulatory push is also relatively new—all bills signed into law were introduced in 2017 or later.

"They will keep coming," said Kansas State Senator Tom Holland, who opposed the bill in his legislature.

The difficult transition from state legislatures to sidewalks

Regulatory approval does not guarantee smooth deployment. Operators and regulators have learned difficult but necessary lessons through various tests, some of which were conducted after laws were enacted.

Pennsylvania signed delivery robot legislation in 2020, and the state's Department of Transportation authorized Kiwibot for deliveries in 2021. The company made deliveries in Pittsburgh from September to December of that year as part of the Urbanism Next Center's Knight Autonomous Vehicle Initiative, a $5.25 million project aimed at helping cities develop human-centered autonomous vehicle technology.

According to a report from the center, during the pilot project, robots made deliveries for a food truck, a pharmacy, and a library in Pittsburgh's Bloomfield neighborhood. But the robots quickly encountered problems, unable to overcome obstacles such as broken sidewalks or overgrown trees.

Overall, Kiwibot completed 4 customer deliveries and 972 simulated deliveries during the pilot. The report said the company ultimately decided not to deploy in the neighborhood due to "infrastructure challenges."

In Detroit, Kiwibot also tested robot deliveries in partnership with the Knight AV Initiative. Tim Slusser, the city's director of mobility innovation, said a local restaurant had trouble training staff to use the technology.

When restaurant staff became familiar with the delivery robots, the restaurant faced staffing challenges and reverted to its standard system to reduce disruptions. The pilot then moved to a second local restaurant, but new problems emerged—insufficient customer engagement.

"Frankly, I think consumers lacked a bit of awareness about this option," Slusser said. "So we ended up working with the Kiwibot team to help them simulate as many delivery routes as possible, simulating the places those restaurants typically deliver to."

Kiwibot completed only 12 customer deliveries during the Detroit test, but Slusser said the city has since become better prepared for new robot programs, such as Starship's deployment on Wayne State University's campus.

Experts say more pilot projects like those in Pittsburgh and Detroit will be necessary to rule out potential implementation issues.

"In many ways, this is not a technology problem," said Karen Lightman, executive director of Carnegie Mellon University's Metro21, a lab focused on smart city research and implementation. "It's often the application, human factors, and policy that become complex and somewhat messy."

News graphics developer Jasmine Ye Han and visual editor Shaun Lucas also contributed to this article.

Correction: An earlier version of this article misspelled the name of Starship Technologies CEO Alastair Westgarth.