Chapter 089

2018 -- H 7308 SUBSTITUTE A Enacted 06/28/2018

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - MOTOR CARRIER TRANSPORTATION CONTRACTS

Introduced By: Representatives Kennedy, Marshall, Edwards, Serpa, and Abney

Date Introduced: January 25, 2018

It is enacted by the General Assembly as follows:

SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

CARRIERS" is hereby amended by adding thereto the following chapter:

CHAPTER 13.1

MOTOR CARRIER TRANSPORTATION CONTRACTS

39-13.1-1. Definitions.

As used in this chapter:

(1) "Motor carrier" means a contract carrier, a common carrier, or a private carrier of

property or passengers by motor vehicle.

(2) "Motor carrier transportation contract" means a contract, agreement, or understanding

covering:

(i) The transportation of property for compensation by a motor carrier or a service

incidental thereof;

(ii) Entrance on property by a motor carrier for the purposes of loading, unloading, or

transporting property for compensation or a service incidental thereof; or

(iii) A service incidental to an activity described in subsections (2)(i) and (2)(ii) of this

section.

(3) "Promisee" means the promisee and any agents, employees, servants, or independent

contractors who are directly responsible to the promisee except for motor carriers party to a motor

carrier transportation contract with the promisee, and such the motor carrier's agents, employees,

servants, or independent contractors directly responsible to such the motor carrier.

39-13.1-2. Indemnity agreement in motor carrier transportation contract void.

(a) Notwithstanding the provisions of chapters 12 and 13 of this title 39, or any general

or public law to the contrary, any provision, clause, covenant, or agreement contained in a motor

carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the

effect of indemnifying, defending, or holding harmless, an indemnitee from or against any

liability for loss or damage resulting from such the indemnitee's negligence or intentional acts or

omissions shall be void and unenforceable.

(b) This section does not apply to the Uniform Intermodal Interchange and Facilities

Access Agreement administered by the Intermodal Association of North America or other

agreements providing for the interchange, use, or possession of intermodal chassis or other

intermodal equipment.

39-13.1-3. Applicability.

This chapter shall apply to motor carrier transportation contracts entered into or renewed

on or after the effective date of this chapter (June 28, 2018).

SECTION 2. This act shall take effect upon passage.

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LC004104/SUB A

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