San Jose’s City Council has approved a new set of regulations for autonomous food delivery robots operating within the city. The unanimous vote, with Councilmembers Peter Ortiz and Domingo Candelas absent, greenlights a package that introduces operating fees, permits, and fines for companies that do not adhere to the new standards. This move is designed to give the city more control over the rapidly expanding autonomous delivery industry, which has seen cooler-sized robots active on downtown sidewalks since April.

The regulatory package also initiates a pilot program allowing larger delivery robots to utilize the city’s bike lanes. City officials have cited potential environmental benefits, such as reduced car trips, less traffic congestion, and lower fossil fuel emissions, as reasons to embrace the electric delivery technology. However, the proliferation of these robots has raised concerns among some residents and officials about potential sidewalk congestion, impediment to wheelchair users, and the possible elimination of delivery jobs.

Under the new rules, operators of smaller robots, which travel on sidewalks, pedestrian pathways, and crosswalks, must obtain a $200 annual permit for each device. These smaller devices will be subject to a 5 mph speed limit and must be equipped with visibility flags. Companies will also be responsible for promptly removing any devices that freeze up and block public areas within 30 minutes. Coco Robotics and Serve Robotics currently operate 35 such devices in San Jose.

For the pilot program involving larger delivery robots designed for bike lanes, a $250 annual permit per device is required. These larger robots must match the speed of slower cyclists traveling ahead of them and yield to faster cyclists approaching from behind. DoorDash has expressed interest in deploying its "Dot" robot, which stands nearly 5 feet tall and is capable of speeds up to 20 miles per hour in bikeways. City staff will evaluate the pilot program after nine months and present recommendations to councilmembers regarding its future.

Vice Mayor Pam Foley expressed skepticism about potential negative impacts. She voiced concern about "the congestion that will result on our sidewalks," and questioned the effectiveness of the fine structure. Foley stated that a $100 first offense fine might not be a sufficient deterrent if a blocked sidewalk significantly affects residents with disabilities, such as those in wheelchairs or using canes.

Companies that violate the new regulations face increasing fines: $100 for a first offense, $200 for a second, and $500 for a third. Repeated violations could lead to permit revocation. While no specific limit on the number of robots is currently in place, nor are there geographic restrictions on their operation beyond the downtown core where they have primarily operated, the San Jose Department of Transportation retains the authority to revise the program’s rules or terminate it entirely if problems arise. Officials estimate the program may see approximately 70 smaller robots and 30 larger devices operating in the city.

Industry representatives, including Vignesh Ram, Vice President of Public Policy for Serve Robotics, praised the decision, highlighting the opportunity to support local commerce and drive innovation. Ram stated, "At Serve, we don’t take the privilege of operating on the city’s sidewalks for granted," emphasizing the importance of safe operations and being a good neighbor.

Jordan Moldow, chair of San Jose’s Bicycle and Pedestrian Advisory Committee, noted his encouragement that many resident recommendations were adopted. He underscored the need for continued vigilance, stating that "concerns about potential negative consequences are real concerns," and that the city must be quick to address any negative activities.

San Jose's adoption of these regulations places it among a small group of cities, including Fremont, San Ramon, and Dublin, that have authorized roadway delivery robots. The city is navigating the balance between embracing new technology and ensuring public safety and accessibility, especially given past incidents like a Coco robot pileup on a sidewalk in Chicago.