§ 325B.1 — Contents of motor carrier transportation contracts — certain provisions void

Iowa § 325B.1

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 325B: MOTOR CARRIERS — TRANSPORTATION CONTRACTS — EMPLOYMENT STATUS

Text

1. As used in this section:
a. “Motor carrier” means the same as defined in section 325A.1.
b. “Motor carrier transportation contract” means a contract, agreement, or understanding
related to any of the following:
(1) The transportation for hire of property by a motor carrier.
(2) The entrance upon property by a motor carrier for the purpose of loading, unloading,
or transporting property for transportation for hire.
(3) A service incidental to the activities described in subparagraph (1) or (2), including
but not limited to the storage of property.
c. “Transportation for hire” means the same as defined in section 325A.1.
2. Notwithstanding any provision of law to the contrary, a motor carrier transportation
contract, whether express or implied, shall not contain a provision, clause, covenant,
or agreement that purports to indemnify, defend, or hold harmless, or has the effect of
indemnifying, defending, or holding harmless, a promisee from or against any liability for
injury, death, loss, or damage resulting from the negligence or intentional acts or omissions
of that promisee, or any agents, employees, servants, or independent contractors who
are directly responsible to that promisee. This prohibition applies to any provisions or
agreements collateral to or affecting a motor carrier transportation contract. Any such
provisions, clauses, covenants, or agreements are void and unenforceable. If any provision,
clause, covenant, or agreement is deemed void and unenforceable under this section, the
remaining provisions of the motor carrier transportation contract are severable and shall be
enforceable unless otherwise prohibited by law.
3. This section does not apply to the uniform intermodal interchange and facilities access
agreement administered by the intermodal association of north America, as amended, or
othercontractsoragreementsprovidingfortheinterchange, use, orpossessionofintermodal
chassis or other intermodal equipment.
4. This section applies to motor carrier transportation contracts entered into, extended,
or renewed on or after July 1, 2010.