[§271-39] Motor carrier indemnification agreements prohibited.

257 words·~1 min read·/hi/chapter-271/271-39

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any provision in a transportation services contract or agreement that requires a motor carrier to indemnify, defend, or hold harmless or that purports to indemnify, defend, or hold harmless, whether in whole or in part , the indemnitee under the contract or agreement from any claim or liability arising from the negligence or intentional acts or omissions of the indemnitee, shall be deemed void and unenforceable as a matter of law to the extent that the provision seeks to indemnify, defend, or hold harmless the indemnitee for the negligent or intentional acts or omissions of the indemnitee.

(b)For purposes of this section:

"Indemnitee" means a person who:

(1)Enters into a transportation services contract or agreement to use the services of a motor carrier, or to permit a motor carrier to enter the person's premises; and

(2)In the contract or agreement, is being, or has the effect of being indemnified, defended, or held harmless from claims or liabilities for that person's negligence or intentional acts or omissions.

"Indemnitee" includes an agent, employee, servant, or independent contractor of the person described in paragraphs

(1)and

(2)of this definition.

"Motor carrier" includes an agent, employee, servant, or independent contractor of the motor carrier.

"Transportation services" means:

(1)The transportation of persons or property;

(2)Entry upon property to load, unload, or transport persons or property; or

(3)Providing a service, including the storage of property, incidental to paragraph

(1)or

(2)of this definition. [L 2012, c 298, §2]