§ 22-02-10 — Indemnity agreement in motor carrier transportation contracts void

1. As used in this section:
a. "Motor carrier transportation contract" means a contract, agreement, or
understanding covering the transportation of property for compensation or hire by
the motor carrier; entrance on property by the motor carrier for the purpose of
loading, unloading, or transporting property for compensation or hire; or a service
incidental to activity described in this subdivision, including storage of property.
The term does not include the uniform intermodal interchange and facilities
access agreement administered by the intermodal association of North America
or any other agreement providing for the interchange, use, or possession of
intermodal chassis, containers, or other intermodal equipment.
b. "Promisee" includes any agent, employee, servant, or independent contractor
who is directly responsible to the promisee. The term does not include a motor
carrier that is party to a motor carrier transportation contract with the promisee,
and does not include that motor carrier's agent, employee, servant, or
independent contractor directly responsible to that motor carrier.
2. Notwithstanding any provision of law to the contrary, any portion of a provision, clause,
covenant, or agreement contained in, collateral to, or affecting a motor carrier contract
which purports to indemnify, defend, or hold harmless, or has the effect of
indemnifying, defending, or holding harmless, the promisee from or against any liability
for loss or damage resulting from the negligence or intentional acts or omissions of the
promisee is void and unenforceable to the extent that the loss or damage:
a. Occurs during the motor carrier's presence on the promisee's premises and is
caused by or results from the negligent or intentional acts or omissions of the
promisee; or
b. Is caused by or results from defects of the equipment used to transport the
promisee's property, unless the defects:
(1) Relate to equipment owned by the motor carrier or as to which the motor
carrier has the responsibility to visually and audibly check before use; or
(2) Were caused by or resulted from the negligent or intentional acts or
omissions of the motor carrier or the motor carrier's agency, employee,
vendor, or subcontractor.
3. Under subsection 2, the motor carrier is responsible to visually and audibly check
before use of equipment as listed in exhibit A of the uniform intermodal interchange
and facilities access agreement that was in effect on November 4, 2008.