§ 398-E — Indemnity provision in motor carrier transportation contracts

§ 398-e. Indemnity provision in motor carrier transportation\ncontracts. 1. For the purposes of this section:\n (a) "motor carrier transportation contract" means a contract,\nagreement or understanding covering:\n (i) the transportation of property for compensation or hire by the\nmotor carrier;\n (ii) entrance on property by the motor carrier for the purpose of\nloading, unloading or transporting property for compensation or hire; or\n (iii) a service incidental to activity described in subparagraph (i)\nor (ii) of this paragraph, including, but not limited to, storage of\nproperty.\n (b) "promisee" means the promisee and any agents, employees, servants\nor independent contractors who are directly responsible to the promisee\nexcept for motor carriers party to a motor carrier transportation\ncontract with the promisee and such motor carrier's agents, employees,\nservants or independent contractors directly responsible to such motor\ncarrier.\n 2. Notwithstanding any provision of law to the contrary, a provision,\nclause or agreement contained in, collateral to or affecting a motor\ncarrier transportation contract that purports to indemnify, defend or\nhold harmless, or has the effect of indemnifying, defending or holding\nharmless, the promisee from or against any liability for loss or damage\nresulting from the negligence or intentional acts or omissions of the\npromisee is against the public policy of this state and is void and\nunenforceable.\n 3. "Motor carrier transportation contract," as defined in this\nsection, shall not include the Uniform Intermodal Interchange and\nFacilities Access Agreement administered by the Intermodal Association\nof North America or other agreements providing for the interchange, use\nor possession of intermodal chassis, containers or other intermodal\nequipment.\n