Anti-Indemnification Laws

Alabama

Effective April 26, 2012
Enrolled HB 339
ENROLLED, An Act,
To make unenforceable certain contract provisions regarding motor vehicle transportation contracts that indemnify, defend, or hold harmless or which have the effect of indemnifying, defending, or holding harmless another party against certain losses or damages.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 37-3-23.1 is added to the Code of Alabama 1975, to read as follows:
(a) In this section, the following words shall have the following meanings:
(1) MOTOR CARRIER. The same meaning ascribed in subdivision (10) of Section 37-3-2, or any successor provision and includes an agent, employee, servant, or independent contractor of the motor carrier if the agent, employee, servant, or independent contractor provides services in connection with the particular motor vehicle transportation contract to which subsection (b) applies.
(2) MOTOR CARRIER TRANSPORTATION CONTRACT. A bill of lading, contract, agreement, or other understanding covering the following:
a. The transportation of property for compensation or hire by the motor carrier.
b. Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire.
c. A service incidental to a. or b., including, but not limited to, storage of property.
(3) MOTOR VEHICLE. A motor vehicle, as defined in Section 32-1-1.1, having a gross weight or gross combination weight of 10,000 pounds or more.
(4) SHIPPER. An entity that enters into a motor carrier transportation contract to use the services of a motor carrier and includes an agent, employee, servant, or independent contractor of the shipper if the agent, employee, servant, or independent contractor provides services in connection with the particular motor vehicle transportation contract to which subsection (b) applies.
(b) Notwithstanding any provision of law to the contrary, a motor carrier and a shipper, in a motor carrier transportation contract, may not agree to any provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that does any of the following:
(1) Purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the shipper from or against any liability for loss or damage resulting from the criminal acts of the shipper.
(2) Purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the shipper from or against any liability for loss or damage resulting from the intentionally wrongful acts or omissions of the shipper.
(3) Purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the shipper from or against any liability for loss or damage resulting from the wantonness of the shipper.
(4) Purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the shipper from or against any liability for loss or damage resulting solely from the negligence of the shipper.
(5) Purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the shipper from or against any liability for claims of loss or damage resulting where: (i) the property in the trailer is loaded and sealed by the shipper and the motor carrier is not able to inspect the trailer, and (ii) the manner in which the trailer is loaded and sealed is the proximate cause of the loss or damage.
(6) Purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the motor carrier from or against any liabilities for loss or damage resulting from the negligence or intentional acts or omissions of the motor carrier.
(7) Purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the shipper where: (i) the property being transported or the packaging of the property being transported has a latent defect that the motor carrier is not able to discover, and (ii) the latent defect is the proximate cause of the loss or damage.
(c) If any part of a provision of a motor carrier transportation contract violates this section then that part only is void and unenforceable to the extent of the violation. Nothing in this section affects any provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract whereby either: (i) a motor carrier indemnifies, defends, or holds harmless a shipper against liability for loss or damage to the extent the loss or damage did not result from the negligence, wantonness, intentionally wrongful acts or omissions of the shipper, or (ii) a motor carrier is required to maintain policies of liability insurance and to include a shipper as an additional insured on those policies, provided that the policies are not workers’ compensation policies.
(d) This section does not apply to 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.
Section 2. This act shall apply only to motor carrier transportation contracts entered into after the effective date of this act.
Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Alaska

Effective July 1, 2010
Enrolled HB 366
Relating to indemnification agreements that relate to motor carrier transportation
contracts.
Section 1. AS 45.45 is amended by adding a new section to read:
Sec. 45.45.905. Indemnification prohibited. (a) A motor carrier and a shipping person may not, with regard to a transportation services contract, agree that
(1) the motor carrier will indemnify, defend, or hold the shipping person harmless, or agree to a provision that has the effect of indemnifying, defending, or holding a shipping person harmless, from claims or liability for the negligence, intentional acts, or
intentional omissions of the shipping person; or
(2) the shipping person will indemnify, defend, or hold the motor carrier harmless, or agree to a provision that has the effect of indemnifying, defending, or holding a motor carrier harmless, from claims or liability for the negligence, intentional acts, or
intentional omissions of the motor carrier.
(b) An agreement that violates (a) of this section is against public policy and is void and unenforceable.
(c) This section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or to another agreement that provides for the interchange, use, or possession of intermodal chassis, intermodal containers, or other intermodal equipment.
(d) In this section,
(1) “motor carrier” means a person who is engaged in the transportation of property for compensation by motor vehicle, and includes an agent, employee, servant, or independent contractor of the motor carrier if the agent, employee, servant, or independent contractor provides services in connection with the particular transportation services contract to which (a) of this section is being applied;
(2) “motor vehicle” has the meaning given in AS 28.90.990, except that the motor vehicle must have a gross weight rating or gross combination weight rating that is greater than 10,000 pounds;
(3) “shipping person” means a person who enters into a transportation services contract to use the services of a motor carrier, and includes an agent, employee, servant, or independent contractor of the shipping person if the agent, employee, servant, or independent contractor provides services in connection with the particular transportation services contract to which (a) of this section is being applied;
(4) “transportation services” means
(A) the transportation of property;
(B) entry on property to load, unload, or transport property; or
(C) providing a service, including the packing or storage of property, incidental to (A) or
(B) of this paragraph.
Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read:
APPLICABILITY. This Act does not apply to an agreement to indemnify, defend, or hold a shipping person or a motor carrier harmless unless the agreement is entered into on or after the effective date of this Act. In this section, “shipping person” and “motor carrier” have the meanings given in AS 45.45.905, added by sec. 1 of this Act.

Arizona

Effective July 20, 2011
Enrolled HB 2359

AN ACT AMENDING TITLE 44, CHAPTER 9, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 23; RELATING TO TRANSPORTATION SERVICES CONTRACTS.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised Statutes, is amended by adding article 23, to read:
ARTICLE 23. TRANSPORTATION SERVICE CONTRACTS 44-1379. Indemnity agreements in motor carrier transportation contracts void; definitions
A. A MOTOR CARRIER AND A PROMISEE MAY NOT AGREE TO EITHER OF THE FOLLOWING AS IT RELATES TO A TRANSPORTATION SERVICES CONTRACT ENTERED INTO ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION:
1. THAT THE MOTOR CARRIER WILL INDEMNIFY, DEFEND OR HOLD THE PROMISEE HARMLESS, OR AGREE TO A PROVISION THAT HAS THE EFFECT OF INDEMNIFYING, DEFENDING OR HOLDING A PROMISEE HARMLESS, FROM CLAIMS OR LIABILITY FOR THE NEGLIGENCE, INTENTIONAL ACTS OR INTENTIONAL OMISSIONS OF THE PROMISEE.
2. THAT THE PROMISEE WILL INDEMNIFY, DEFEND OR HOLD THE MOTOR CARRIER HARMLESS, OR AGREE TO A PROVISION THAT HAS THE EFFECT OF INDEMNIFYING, DEFENDING OR HOLDING A MOTOR CARRIER HARMLESS, FROM CLAIMS OR LIABILITY FOR THE NEGLIGENCE, INTENTIONAL ACTS OR INTENTIONAL OMISSIONS OF THE MOTOR CARRIER.
B. AN AGREEMENT THAT VIOLATES THIS SECTION IS AGAINST PUBLIC POLICY AND IS VOID AND UNENFORCEABLE.
C. THIS SECTION DOES NOT APPLY TO A CONTRACT, SUBCONTRACT OR AGREEMENT THAT CONCERNS OR AFFECTS RAILROAD OPERATIONS, RAILROAD PROPERTY OR RAILROAD FACILITIES OR TO THE UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT ADMINISTERED BY THE INTERMODAL ASSOCIATION OF NORTH AMERICA OR TO ANOTHER AGREEMENT THAT PROVIDES FOR THE INTERCHANGE, USE OR POSSESSION OF INTERMODAL CHASSIS, INTERMODAL CONTAINERS OR OTHER INTERMODAL EQUIPMENT.
D. THIS SECTION DOES NOT APPLY TO AGREEMENTS TO WHICH THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR AN AGENT OF A POLITICAL SUBDIVISION OF THIS STATE IS A PARTY, INCLUDING INTERGOVERNMENTAL AGREEMENTS, OR TO AGREEMENTS TO WHICH A PUBLIC SERVICE CORPORATION, AS DEFINED IN ARTICLE XV, SECTION 2, CONSTITUTION OF ARIZONA, INCLUDING AN ELECTRIC OR GAS UTILITY OR AN AFFILIATE OF A PUBLIC SERVICE CORPORATION, IS A PARTY.
E. FOR THE PURPOSES OF THIS SECTION:
1. “MOTOR CARRIER” MEANS A PERSON WHO IS ENGAGED IN THE TRANSPORTATION OF PROPERTY FOR COMPENSATION BY A MOTOR VEHICLE AND INCLUDES AN AGENT, EMPLOYEE, SERVANT OR INDEPENDENT CONTRACTOR OF THE MOTOR CARRIER IF THE AGENT, EMPLOYEE, SERVANT OR INDEPENDENT CONTRACTOR PROVIDES SERVICES IN CONNECTION WITH A TRANSPORTATION SERVICES CONTRACT THAT IS SUBJECT TO THIS SECTION.
2. “MOTOR VEHICLE” MEANS A MOTOR VEHICLE OR VEHICLE COMBINATION THAT HAS A GROSS WEIGHT VEHICLE RATING OR COMBINED GROSS WEIGHT RATING THAT IS GREATER THAN TEN THOUSAND POUNDS.
3. “PROMISEE” INCLUDES AN AGENT, EMPLOYEE, SERVANT OR INDEPENDENT CONTRACTOR WHO IS DIRECTLY RESPONSIBLE TO THE PROMISEE OR WHO PROVIDES SERVICES IN CONNECTION WITH A TRANSPORTATION SERVICES CONTRACT THAT IS SUBJECT TO THIS SECTION, OTHER THAN A MOTOR CARRIER THAT IS A PARTY TO A TRANSPORTATION SERVICES CONTRACT WITH THE PROMISEE AND AN AGENT, EMPLOYEE, SERVANT OR INDEPENDENT CONTRACTOR DIRECTLY RESPONSIBLE TO THE MOTOR CARRIER.
4. “TRANSPORTATION SERVICES” MEANS ANY OF THE FOLLOWING:
(a) THE TRANSPORTATION OF PROPERTY.
(b) THE ENTRY ON PROPERTY TO LOAD, UNLOAD OR TRANSPORT PROPERTY.
(c) THE PROVISION OF A SERVICE THAT IS INCIDENTAL TO THE ACTIONS PRESCRIBED BY SUBDIVISION (a) OR (b), INCLUDING THE PACKING OR STORAGE OF PROPERTY.

Arkansas

Effective March 20, 2015
Enrolled SB755

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 23, Chapter 13, Subchapter 1, is amended to add an additional section to read as follows:
23-13-105. Certain indemnity provisions void — Definitions.
(a) As used in this section:
(1) “Gas” means all natural gas, including casing-head gas and 28 all other hydrocarbons not defined as oil in this section;
(2) “Motor carrier” means:
(A) An individual or entity that is engaged in the transportation of property for compensation by motor vehicle; and
(B) An agent, employee, servant, or independent contractor of the individual or entity described in subdivision (a)(2)(A) of this section;
(3) “Motor carrier transportation contract” means an express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after the effective date of this act that covers:
2 (A) Transportation of property for compensation or hire by a motor carrier;
(B) Entrance on property by the motor carrier for the purpose of loading, unloading, delivering, or transporting property for compensation or hire;
Or
(C) Services that are incidental to an activity described in subdivision (a)(3)(A) or subdivision (a)(3)(B) of this section, including without limitation brokerage services or the storage of property;
(4) “Oil” means crude petroleum oil and other hydrocarbons, regardless of gravity which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir;
(5) “Operator” means the person who has the right as an owner or by agreement with an owner to enter upon the lands of another for the purposes of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons;
(6) “Person” means an individual, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, federal agency, or representative of any kind; and
(7) “Promisee” means the promisee specified in the motor carrier transportation contract and each agent, employee, servant, and independent contractor directly responsible to the specified promisee.
(b) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract to be performed all or in part in Arkansas that purports to indemnify, defend, or hold harmless, or that has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligent, reckless, intentional, malicious, willful, or wanton acts or omissions of the promisee is against the public policy of the State of Arkansas and is void and unenforceable.
(c) This section does not apply to:
(1) 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 36 intermodal chassis or other intermodal equipment;
(2) A contract of insurance between a motor carrier and its insurance carrier;
(3) An indemnity clause entered into as part of a settlement agreement in which a motor carrier and any of its agents, employees, contractors, affiliates, assigns, and insurers are to be indemnified, defended, or otherwise held harmless as to any pending or future claim of:
(A) Another party to or a third-party beneficiary of the settlement agreement; or
(B) A lienholder, alleged tortfeasor, or other allegedly responsible party; or
(4)(A) Except as provided in subdivision (c)(4)(B) of this section, the provision of work or services of any kind to an operator or other person directly related to activities or operations stemming from the exploration, production, processing, gathering, or movement of oil or gas, including without limitation the hauling, movement, or transportation of people, oil, gas, goods, supplies, equipment, facilities, structures, water, fluids, chemicals, waste, or other materials on or off one (1) or more sites where any exploration or production operations have been, are, or will be occurring.
(B) The activities and operations described in subdivision (c)(4)(A) of this section shall not include the transportation by motor carrier of refined petroleum products for purposes unrelated to the exploration, drilling, or production of oil or gas.
(d) Notwithstanding any choice-of-law provision to the contrary, the law of Arkansas relating to indemnity as embodied in this section shall apply to and govern every motor carrier transportation contract to be performed all or in part within the State of Arkansas.
SECTION 2. EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that motor carriers are often required to sign or accept transportation contracts that require motor carriers or their insurers to indemnify one (1) or more parties or third-party beneficiaries to the transportation contract for negligent, reckless, intentional, malicious, willful, or wanton acts or omissions regardless of which entity is actually at fault or otherwise responsible; that while indemnity agreements involving motor carriers are compatible with public policy in many contexts, clarification of the law by this act is necessary to ensure that motor carriers are not forced to assume liabilities for actions over which they have little or no control; that the indemnity provisions prohibited by this act violate public policy because they eliminate the incentive for the indemnitee to take reasonable precautions to avert risky behavior that may lead to accidents or other losses; and that this act is immediately necessary because these indemnity provisions are causing hardship to the motor carrier industry and threatening the safety of workers associated with or affected by the motor carrier industry by forcing motor carriers to assume contractual responsibility for acts or omissions over which they have little or no control and by discouraging safe practices by the entities that contract with motor carriers. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on:
(1) The date of its approval by the Governor;
(2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or
(3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.

California

Effective 1967
California Civil Code
§ 2784. 5. Hauling, trucking, or cartage contracts; provisions indemnifying against liability for negligence void; exception
Any provision, promise, agreement, clause, or covenant contained in, collateral to, or affecting any hauling, trucking, or cartage contract or agreement is against public policy, void and unenforceable if it purports to indemnify the promisee against liability for any of the following damages which are caused by the sole negligence or willful misconduct of the promisee, agents, servants, or the independent contractors directly responsible to the promisee, except when such agents, servants, or independent contractors are under the direct supervision and control of the promisor:
(a) Damages arising out of bodily injury or death to persons.
(b) Damage to property.
(c) Any other damage or expense arising under either (a) or (b).
This section shall not affect the validity of any insurance contract, workmen’s compensation insurance contract, or agreement issued by an admitted insurer as defined by Sections 23 and 24 of the Insurance Code or insurance effected by surplus line brokers under Sections 1760 through 1780 of the Insurance Code.

Colorado

House Bill 14-1065
Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 42-7-103, add (16) as follows:
42-7-103. Definitions. As used in this article, unless the context otherwise requires:
(16) (a) “TRANSPORTATION CONTRACT” MEANS A CONTRACT, AGREEMENT, OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, EXPRESS
OR IMPLIED, BETWEEN A MOTOR CARRIER AND ANOTHER PARTY REGARDING:
(I) THE TRANSPORTATION OF PROPERTY BY MOTOR VEHICLE FOR COMPENSATION OR HIRE;
(II) ENTRANCE ON PROPERTY FOR THE PURPOSE OF LOADING, UNLOADING, OR TRANSPORTING PROPERTY BY MOTOR VEHICLE FOR
COMPENSATION OR HIRE; OR
(III) ACCESS OR SERVICES INCIDENTAL OR RELATED TO AN ACTIVITY DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH (a).
(b) “TRANSPORTATION CONTRACT” DOES NOT INCLUDE:
(I) A CONTRACT, SUBCONTRACT, OR AGREEMENT THAT CONCERNS OR AFFECTS TRANSPORTATION INVOLVING A RAILROAD;
(II) THE UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT ADMINISTERED BY THE INTERMODAL ASSOCIATION OF
NORTH AMERICA; OR
(III) ANY OTHER AGREEMENT PROVIDING FOR THE INTERCHANGE, USE, OR POSSESSION OF AN INTERMODAL CHASSIS OR CONTAINER OR OTHER
INTERMODAL EQUIPMENT.
SECTION 2. In Colorado Revised Statutes, add 42-7-505.5 as follows:
42-7-505.5. Motor carrier indemnity agreements void – choice of law for transportation contracts. (1) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, IF ANY PROVISION OF A TRANSPORTATION CONTRACT PURPORTS TO INDEMNIFY, DEFEND, OR HOLD HARMLESS OR HAS THE EFFECT
OF INDEMNIFYING, DEFENDING, OR HOLDING HARMLESS THE INDEMNITEE FROM OR AGAINST ANY LIABILITY FOR LOSS OR DAMAGE RESULTING FROM
ITS OWN NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS, THEN, TO THAT EXTENT, THE PROVISION IS HEREBY DECLARED CONTRARY TO PUBLIC POLICY
AND IS THEREFORE VOID.
(2) NOTWITHSTANDING ANY CONTRACTUAL PROVISION TO THE CONTRARY, THE LAWS OF THE STATE OF COLORADO APPLY TO EVERY
TRANSPORTATION CONTRACT EXECUTED OR RENEWED, OR UNDER WHICH SERVICES ARE PERFORMED, WITHIN THE STATE OF COLORADO.
SECTION 3. Effective date – applicability. This act takes effect on passage and applies to contracts executed or renewed on or after the effective date of this act.
SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Connecticut

Effective July 1, 2010
(a) For the purposes of this section, “motor carrier transportation contract” means a contract, agreement or understanding entered into, renewed, modified or extended on or after July 1, 2010, concerning (1) the transportation of property for compensation or hire, (2) the entry on public or private property for the purpose of loading, unloading or transporting property for compensation or hire, or (3) a service incidental to the activities set forth in subdivisions (1) and (2) of this subsection. “Motor carrier transportation contract” does not include 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 containers or other intermodal equipment.
(b) Notwithstanding any other provision of law, 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 indemnitee’s negligence or intentional acts or omissions shall be void and unenforceable.
(c) This section shall not apply to a contract, agreement or understanding that concerns or affects the transportation of household goods, as defined in section 13b-387 of the general statutes.

Florida

Effective July 1, 2010
Section 8. Subsection (86) is added to section 316.003, Florida Statutes, to read:
316.003 Definitions.—The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
(86) MOTOR CARRIER TRANSPORTATION CONTRACT.–
(a) A contract, agreement, or understanding covering:
1. The transportation of property for compensation or hire by the motor carrier;
2. Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
3. A service incidental to activity described in subparagraph 1. or subparagraph 2., including, but not limited to, storage of property.
(b) “Motor carrier transportation contract” does not include 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, containers, or other intermodal equipment.
Section 10. Paragraph (b) of subsection (1) of section 316.302, Florida Statutes, is amended, and subsection (12) is added to that section, to read:
316.302 Commercial motor vehicles; safety regulations; transporters and shippers of hazardous materials; enforcement.—
(12)(a) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 against the public policy of this state and is void and unenforceable.
(b) As used in this subsection, the term “promisee” means the contract’s promisee and any agents, employees, servants, or independent contractors who are directly responsible to the contract’s promisee, except that the term does not include motor carriers which are party to a motor carrier transportation contract with the contract’s promisee, including such motor carrier’s agents, employees, servants, or independent contractors directly responsible to such motor carrier.
(c) This subsection only applies to motor carrier transportation contracts entered into or renewed on or after July 1, 2010.

Georgia

Effective July 1, 2009, and applies to contracts entered into on and after that date
H.B. 57 (2009 Session)
Section 3
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-7-12.1, relating to motor carriers’
requirements as to obtaining indemnity insurance or self-insurance before issuance of permit, in
its entirety as follows:
46-7-12.1.
(a) As used in this Code section, the term:
(1) ‘Motor carrier transportation contract’ means a contract, agreement, or understanding
covering:
(A) The transportation of property for compensation or hire by the motor carrier;
(B) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(C) A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property.
Motor carrier transportation contract shall not include 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, containers, or other intermodal equipment.
(2) ‘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 a promisee and such motor carrier’s agents, employees, servants, or independent contractors directly responsible to such motor carrier.
(b) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 against the public policy of this state and is void and unenforceable.

Hawaii

Effective July 10, 2012
Act 298 (SB824)
SECTION 1.  The legislature finds that motor carriers, including trucking and tour bus companies, are often required to sign transportation service contracts or agreements requiring them to indemnify the other party to the motor carrier transportation services contract for acts of negligence or intentional acts or omissions, regardless of who is actually at fault.
Although unfair and onerous, motor carriers often agree to indemnify the other party to secure work.  Many motor carriers are small, locally owned businesses that cannot afford to shun service agreements requiring indemnification.  These businesses typically lack the leverage to negotiate these indemnification provisions out of contracts.
While motor carriers should be held responsible for liability to the extent that the carrier is at fault, indemnification provisions can be unreasonable conditions of a transportation services agreement that carriers are often unable to refuse.  In addition, indemnification provisions may eliminate the incentive for the other party to take precautions at their facilities to protect the persons and property being transported.
The purpose of this Act is to prohibit any portion of a motor carrier transportation services contract or agreement that requires the carrier to indemnify, defend, or hold harmless the other party from any liability for that party’s negligence or intentional acts or omissions.
SECTION 2.  Chapter 271, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
“§271-    Motor carrier indemnification agreements prohibited.  (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.”
SECTION 3.  New statutory material is underscored.
SECTION 4.  This Act shall take effect upon its approval.

Idaho

Illinois

Effective August 25, 2009
Public Act 096-0697
HB 3238 Enrolled
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois, represented in the General
Assembly:
Section 5. The Illinois Vehicle Code is amended y adding Section 18c-4105 as follows:
(626 ILCS 5/18c-4105 new)
Sec. 18c-4105. Indemnity agreement in motor carrier transportation contracts void.
(a) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 against the public policy of this State and is void and unenforceable.
(b) As used in this Section:
(1) “Motor carrier transportation contract” means a contract, agreement or understanding covering:
(A) The transportation of property for compensation or hire by the motor carrier;
(B) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(C) A service incidental to activity described in (i) or (ii) above, including, but not limited to, storage of property.
(2) “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 promisee, and such motor carrier’s agents, employees, servants or independent contractors directly responsible to the motor carrier.
(c) 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.
Section 99. Effective date. This Act takes effect upon becoming law.

Indiana

Effective July 1, 2006
SECTION 1. IC 8-2.1-26 IS ADDED TO THE INDIANA CODE AS A NEWCHAPTER TO
READ AS FOLLOWS EFFECTIVE JULY 1, 2006:
Chapter 26. Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts
Sec. 1. This chapter applies to an indemnity provision entered into or renewed after June 30, 2006.
Sec. 2. As used in this chapter, “indemnity provision” means a provision, a clause, a covenant, or an agreement that:
(1) is contained in, collateral to, or affecting a motor carrier transportation contract; and
(2) purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, a promisee against liability for loss or damage resulting from:
(A) negligence;
(B) intentional acts; or
(C) omissions; of the promisee or an agent, employee, servant, or independent contractor that is directly responsible to the promisee.
Sec. 3. As used in this chapter, “motor carrier transportation contract” means a contract, an agreement, or an understanding covering:
(1) the transportation of property for compensation or hire by a motor carrier as defined under this article or by 49 U.S.C. 13102(12);
(2) the entrance on real property by a motor carrier to:
(A) load;
(B) unload; or
(C) transport property for compensation or hire; or
(3) a service incidental to an activity described in subdivision (1) or (2), including storage of property.
Sec. 4. As used in this chapter, “promisee” means a person that an indemnity provision:
(1) purports to indemnify, defend, or hold harmless; or
(2) has the effect of indemnifying, defending, or holding harmless.
Sec. 5.
(a) This section does not apply to any of the following:
(1) An indemnity provision in which a motor carrier indemnifies a promisee for and only to the extent of loss or damage that results directly from the negligence, omission, or intentional act of the motor carrier or an agent, employee, servant, or independent contractor that is directly responsible to the motor carrier.
(2) An indemnity provision contained in, collateral to, or affecting a motor carrier transportation contract with a regulated public utility, including an energy utility (as defined in IC 8-1-2.5-2) or an affiliate of an energy utility, if the contract relates to a utility product, service, or business operation. For purposes of this subdivision, a contract relates to a utility product, service, or business operation if it involves an activity necessary for or ancillary to the production or delivery of heat, power and light, or a product or service under the jurisdiction of the Indiana utility regulatory commission (as described by IC 8-1-1).
(3) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America.
(b) Notwithstanding any other law, an indemnity provision under this chapter is:
(1) against public policy; and
(2) void and unenforceable.

Iowa

Effective July 1, 2010
A BILL FOR
An Act relating to the contents of certain motor carrier transportation contracts by declaring certain indemnity provisions to be unlawful and void.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 325B.1 Contents of motor carrier transportation contracts == certain provisions void.
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 other contracts or agreements providing for the interchange, use, or possession of intermodal 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.

Kansas

Effective January 1, 2009
HOUSE Substitute for SENATE BILL No. 379
AN ACT concerning contracts; relating to indemnification provisions and additional insured parties; amending K.S.A. 16-121 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 16-121 is hereby amended to read as follows: 16-121.
(a) When used in this section:
(1) ‘‘Construction contract’’ means an agreement for the design, construction, alteration, renovation, repair or maintenance of a building, structure, highway, road, bridge, water line, sewer line, oil line, gas line, appurtenance or other improvement to real property, including any moving, demolition or excavation, except that no deed, lease, easement, license or other instrument granting an interest in or the right to possess property shall be deemed to be a construction contract even if the instrument includes the right to design, construct, alter, renovate, repair or maintain improvements on such real property. ‘‘Construction contract’’ shall not include any design, construction, alteration, renovation, repair or maintenance of: (A) Dirt or gravel roads used to access oil and gas wells and associated facilities; or (B) oil flow lines or gas gathering lines used in association with the transportation of production from oil and gas wells from the wellhead to oil storage facilities or gas transmission lines.
(2) ‘‘Contract’’ means any construction contract, motor carrier transportation contract, dealer agreement or franchise agreement.
(3) ‘‘Damages’’ means personal injury damages, property damages or economic loss.
(4) ‘‘Dealership agreement’’ means an oral or written agreement of definite or indefinite duration between an equipment manufacturer or service provider and an equipment or service dealer which provides for the rights and obligations of the parties with respect to the purchase or sale of such equipment or services.
(5) ‘‘Franchise agreement’’ means any contract or franchise or any other terminology used to describe the contractual relationship between manufacturers, distributors and dealers, by which:
(A) A right is granted one party to engage in the business of offering, selling or otherwise
distributing goods or services under a marketing plan or system prescribed in substantial part by the other party, and in which there is a community of interest in the marketing of goods or services at wholesale or retail, by lease, agreement or otherwise; and (B) the operation of the grantee’s business pursuant to such agreement is substantially associated with the grantor’s trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the grantor or an affiliate of the grantor.
(6) ‘‘Indemnification provision’’ means a covenant, promise, agreement, clause or understanding in connection with, contained in, or collateral to a contract that requires the promisor to hold harmless, indemnify or defend the promisee or others against liability for loss or damages.
(7) ‘‘Motor carrier transportation contract’’ means, with respect to a motor carrier as defined in K.S.A. 66-1,108, and amendments thereto, a contract, agreement or understanding covering:
(A) The transportation of property by a motor carrier;
(B) the entrance on property by the motor
carrier for the purpose of loading, unloading or transporting property; or
(C) a service incidental to activity described in clause (A) or (B) including, but not limited to, storage of property. ‘‘Motor carrier transportation contract’’ shall not include 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, containers or other intermodal equipment.
(8) ‘‘Mutual indemnity obligation’’ means an indemnity obligation in a contract in which the parties agree to indemnify each other and each other’s contractors and their employees against loss, liability or damages arising in connection with bodily injury, death and damage to property of the respective employees, contractors or their employees, and invitees of each party arising out of or resulting from the performance of the agreement.
(9) ‘‘Promisee’’ shall include an agent, employee or independent contractor who is directly responsible to the promisee.
(10) ‘‘Unilateral indemnity obligation’’ means an indemnity obligation in a contract in which one of the parties as promisor agrees to indemnify the other party as promisee with respect to claims for personal injury or death to the promisor’s employees or agents or to the employees or agents of the promisor’s contractors but in which the promisee does not make a reciprocal indemnity to the promisor.
(b) An indemnification provision in a contract which requires the promisor to indemnify the promisee for the promisee’s negligence or intentional acts or omissions is against public policy and is void and unenforceable.
(c) A provision in a contract which requires a party to provide liability coverage to another party, as an additional insured, for such other party’s own negligence or intentional acts or omissions is against public policy and is void and unenforceable.
(d) This act shall not be construed to affect or impair:
(1) The contractual obligation of a contractor or owner to provide railroad protective insurance or general liability insurance;
(2) an agreement under which an owner, a responsible party or a governmental entity agrees to indemnify a contractor directly or through another contractor with respect to strict liability under environmental laws;
(3) an indemnification agreement that is an integral part of an offer to compromise or a settlement of a disputed claim, if: (A) The settlement is based on consideration; (B) the dispute relates to an alleged event that is related to a construction contract and that occurred before the settlement is made; and (C) the indemnification relates only to claims that have arisen or may arise from the past event;
(4) the validity of any insurance contract, construction bond or other agreement lawfully issued by an insurer or bonding company;
(5) a separately negotiated provision or provisions whereby the parties mutually agree to a reasonable allocation of risk, if each such provision is: (A) Based on generally accepted industry loss experience; and (B) supported by adequate consideration; and
(6) an agreement that provides for indemnity if the parties agree in writing that the indemnity obligation will be supported by liability insurance coverage to be furnished by the promisor subject to the following limitations: (A) With respect to a mutual indemnity obligation, the indemnity obligation is limited to the extent of the coverage and dollar limits of insurance or qualified self-insurance each party as promisor has agreed to obtain for the benefit of the other party as promisee. (B) With respect to a unilateral indemnity obligation, the indemnity obligation is limited to the extent of the coverage and dollar limits of insurance the promisor has agreed to obtain for the benefit of the other party as promisee. Such indemnity obligation shall be ’s expense and shall be a separate liability insurance policy.
(e) Notwithstanding any contractual provision to the contrary, the laws of the state of Kansas shall apply to and govern every contract to be performed in this state. Any litigation, arbitration or other dispute resolution proceeding arising from such contract shall be conducted in this state. Any provision, covenant or clause in such contract that conflicts with the provisions of this subsection shall be void and unenforceable.
(f) This section applies only to indemnification provisions and additional insured provisions entered into after January 1, 2009.
Sec. 2. K.S.A. 16-121 is hereby repealed.
Sec. 3. This act shall take effect and be in force on and after January 1, 2009, and its publication
in the statute book.

Kentucky

Effective July 15, 2014
Enrolled SB59

AN ACT relating to motor carrier transportation contracts.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1.   A NEW SECTION OF KRS CHAPTER 281 IS CREATED TO READ AS FOLLOWS:

(1) As used in this section:

(a) “Motor carrier transportation contract” means a contract, agreement, or understanding covering:

1.  The transportation of property for compensation or hire by a motor carrier;

2.  The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or

3.  A service incidental to activity described in subparagraph 1. or 2. of this paragraph, including but not limited to storage of property.

(b) “Promisee” means a person with whom a motor carrier enters into a motor carrier transportation contract and any agents, employees, servants, or independent contractors who are directly responsible to that person.  “Promisee” does not include the motor carrier party to a motor carrier transportation contract with the promisee, and the motor carrier’s agents, employees, servants, or independent contractors directly responsible to the motor carrier.

(2) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold the promisee harmless, or has the effect of indemnifying, defending, or holding the promisee harmless, or requires a motor carrier to procure liability insurance covering the acts or omissions or both of the promisee, from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against public policy and is void and unenforceable.

(3) This section shall 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.

Louisiana

Effective January 1, 2011
Senate Bill 625
AN ACT
To enact R.S. 9:2780.1, relative to contracts; to provide relative to motor carrier transportation contracts; to provide relative to construction contracts; to provide relative to liability provisions; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 9:2780.1 is hereby enacted to read as follows:
§2780.1. Certain contract provisions invalid; motor carrier transportation contracts; construction contracts
A. For purposes of this Section, the following terms have the meanings ascribed to them by this Subsection, except where the context clearly indicates otherwise:
(1) “Motor carrier transportation contract” shall mean any contract, agreement, or understanding covering the transportation of property, other than agricultural products as defined in R.S. 9:3306 and timber without limitation, for compensation or hire by a motor carrier, entrance upon property by the motor carrier for the purpose of loading, unloading, or transporting property, other than agricultural products as defined in R.S. 9:3306 and timber without limitation, for compensation or hire, or a service incidental to any such activity, including but not limited to storage of property, other than agricultural products as defined in R.S. 9:3306 and timber without limitation, except 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, containers, or other intermodal equipment.
(2)(a) ”Construction contract” shall mean any agreement for the design, construction, alteration, renovation, repair, or maintenance of a building, structure, highway, road, bridge, water line, sewer line, oil line, gas line, appurtenance, or other improvement to real property, including any moving,
demolition, or excavation, except that no deed, lease, easement, license, or other instrument granting an interest in or the right to possess property will be deemed to be a construction contract even if the instrument includes the right to design, construct, alter, renovate, repair, or maintain improvements on such real property.
(b) “Construction contract” shall not include any design, construction, alteration, renovation, repair, or maintenance of the following:
(i) Any dirt or gravel road used to access oil and gas wells and associated facilities.
(ii) Oil flow lines or gas gathering lines used in association with the transportation of production from oil and gas wells from the point that oil and gas becomes co-mingled for transportation to oil storage facilities or gas transmission lines.
(3) “Indemnitee” means any named party in the contract to whom indemnification is owed
pursuant to the terms of the contract.
(4) “Indemnitor” means any party to the contract who obligates himself to provide indemnification pursuant to the terms of the contract.
(5) “Third party” means any party not subject to the contractual obligations between the indemnitee and indemnitor.
B. Notwithstanding any provision of law to the contrary, any provision, clause, covenant, or
agreement contained in, collateral to, or affecting a motor carrier transportation contract or
construction contract which purports to indemnify, defend, or hold harmless, or has the effect of
indemnifying, defending, or holding harmless, the indemnitee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the indemnitee, an agent or employee of the indemnitee, or a third party over which the indemnitor has no control is contrary to the public policy of this state and is null, void, and unenforceable.
C. Notwithstanding any provision of law to the contrary, any provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract or construction contract which purports to require an indemnitor to procure liability insurance covering the acts or omissions or both of the indemnitee, its employees or agents, or the acts or omissions of a third party over whom the indemnitor has no control is null, void, and unenforceable. However, nothing in this Section shall be construed to prevent the indemnitee from requiring the indemnitor to provide proof of insurance for obligations covered by the contract.
D. Notwithstanding any contractual provision to the contrary, the laws of the state of Louisiana shall apply to and govern any construction contract to be performed in this state and any motor carrier transportation contract relative to loading or unloading activities, or any services incidental thereto, which occur in this state. Any provision, covenant, or clause in such contracts which conflicts with the provisions of this Section shall be null, void, and unenforceable.
E. The provisions of this Section are not intended to, nor shall they be judicially interpreted, to alter, add to, subtract from, amend, overlap, or affect the provisions of R.S. 9:2780 or R.S. 38:2195.
F. The provisions of this Section shall not apply to prohibited clauses in any motor carrier transportation contract and any construction contract entered into prior to January 1, 2011.
Section 2. The provisions of this Act shall not apply to a contract providing indemnity to the indemnitee when such contract was executed before the effective date of this Act and which contract governs a specific terminable performance of a specific job or activity.

Maine

Effective 2011
Enrolled LD 727

Sec. 1. 10 MRSA c. 215-A is enacted to read:
CHAPTER 215-A
MOTOR CARRIER TRANSPORTATION CONTRACTS
§ 1459. Indemnity agreement in motor carrier transportation contract void
1. Definitions. As used in this section, unless the context otherwise indicates, the following
terms have the following meanings.
A. “Motor carrier” has the same meaning as in Title 29-A, section 101, subsection 37.
B. “Motor carrier transportation contract” means a contract, agreement or understanding covering:
(1) The transportation of property for compensation by a motor carrier;
(2) Entrance on property by a motor carrier for the purposes of loading, unloading or
transporting property for compensation; or
(3) A service incidental to an activity described in subparagraph (1) or (2), including, but not
limited to, storage of property.
C. “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. Certain indemnity agreements void. Notwithstanding any other provision of law,
a provision, clause, covenant or agreement contained in, collateral to or affecting a motor carrier
transportation contract that 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 against the public policy
of this State and is void and unenforceable.
Sec. 2. Applicability. This Act applies to motor carrier transportation contracts entered into or
renewed on or after the effective date of this Act.

Maryland

Effective October 1, 2007
Article – Courts and Judicial Proceedings
§ 5-401. Indemnity agreements regarding construction barred
(a) A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relating to the construction, alteration, repair, or maintenance of a building, structure, appurtenance or appliance, including moving, demolition and excavating connected with it, purporting to indemnify the promisee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, his agents or employees, is against public policy and is void and unenforceable. This section does not affect the validity of any insurance contract, workers’ compensation, or any other
agreement issued by an insurer.
(b)(1)(i) In this subsection the following words have the meanings indicated.
(ii) “Motor carrier” has the meaning stated in § 11-134.2 of the Transportation Article.
(iii) 1. “Motor carrier transportation contract” means a contract, agreement, or understanding concerning:
(A) The transportation of property for compensation or hire by a motor carrier;
(B) The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(C) A service incidental to an activity described in item (i) or (ii) of this paragraph, including storage of property.
2. “Motor carrier transportation contract” does not include:
(A) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as amended by the Intermodal Interchange Executive Committee; or
(B) Other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
(iv) “Promisee” includes an agent, employee, servant, or independent contractor who is directly responsible to the promisee, other than a motor carrier that is a party to a motor carrier transportation
contract with the promisee, and an agent, employee, servant, or independent contractor directly responsible to that motor carrier.
(2) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee against liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against public policy and is void and unenforceable.

Massachusetts

Effective July 1, 2012
Enrolled H4371
SECTION 8. Chapter 85 of the General Laws is hereby amended by adding the following section:-Section 37. Notwithstanding any general or special 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 indemnitee’s negligence or intentional acts or omissions shall be void and unenforceable. For the purposes of this section, “motor carrier transportation contract” shall mean a contract, agreement or understanding entered into, renewed, modified or extended on or after July 1, 2012, concerning (i) the transportation of property for compensation or hire; (ii) the entry on public or private property for the purpose of loading, unloading or transporting property for compensation or hire; or (iii) a service incidental to the activities under clauses (i) and (ii); provided however, that “motor carrier transportation contract” shall not include 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 containers or other intermodal equipment.

Michigan

Effective March 28, 2013
Enrolled SB873

AN ACT to amend 1933 PA 254, entitled “An act to promote safety upon and conserve the use of public highways of the state; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles operated by carriers of property for hire upon or over such highways; to preserve, foster, and regulate transportation and permit the coordination of motor vehicle transportation facilities; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles for hire for such purposes; to classify and regulate carriers of property by motor vehicles for hire upon such public highways for such purposes; to give the Michigan Public Service Commission jurisdiction and authority to prevent evasion of this act through any device or arrangement; to insure adequate transportation service; to give the commission jurisdiction and authority to fix, alter, regulate, and determine rates, fares, charges, classifications, and practices of common motor carriers for such purposes; to give the commission jurisdiction and authority to require registration, conduct audits, and assess fees for motor carriers for unified carrier registration; to require filing with the commission of rates, fares, and charges of contract carriers and to authorize the commission to prescribe minimum rates, fares, and charges, and to require the observance thereof; to prevent unjust discrimination; to prescribe the powers and duties of said commission with reference thereto; to provide for appeals from the orders of such commission; to confer jurisdiction upon the circuit court for the county of Ingham for such appeals; to provide for the levy and collection of certain privilege fees and taxes for such carriers for such purposes and the disposition of such fees and taxes; and to provide for the enforcement of this act; and to prescribe penalties for its violations,” (MCL 475.1 to 479.43) by adding section 21 to article V.
The People of the State of Michigan enact:
ARTICLE V
Sec. 21. (1) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 against the public policy of this state and is void and unenforceable.
(2) 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.
(3) As used in this section:
(a) “Motor carrier transportation contract” means a contract, agreement, or understanding for any of the following:
(i) The transportation of property for compensation or hire by a motor carrier.
(ii) Entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire.
(iii) A service incidental to activity described in subparagraphs (i) and (ii), including, but not limited to, the storage of property.
(b) “Promisee” means a party to a motor carrier transportation contract who is not a motor carrier or, if the promisee is a motor carrier, a party to a motor carrier transportation contract who is not transporting property for compensation or hire. Promisee includes agents, employees, servants, and independent contractors who are directly responsible to the promisee.

Minnesota

Effective April 6, 2012
Enrolled HF 1992
CHAPTER 165–H.F.No. 1992
An act relating to transportation; motor carriers; prohibiting indemnity provisions in motor carrier contracts; proposing coding for new law in Minnesota Statutes, chapter 221.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [221.87] INDEMNITY PROVISION IN MOTOR CARRIER TRANSPORTATION CONTRACTS.
Subdivision 1. Void. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 against the public policy of this state and is void and unenforceable.
Subd. 2. Definitions. For the purposes of this section:
(1) “motor carrier transportation contract” means a contract, agreement, or understanding covering:
(i) the transportation of property for compensation or hire by the motor carrier;
(ii) entrance on property by a motor carrier or a private carrier for the purpose of loading, unloading, or transporting property; or
(iii) a service incidental to activity described in item (i) or (ii), including, but not limited to, storage of property; and
(2) “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 promisee, and such motor carrier’s agents, employees, servants, or independent contractors directly responsible to the motor carrier.
Subd. 3. Exclusion. “Motor carrier transportation contract,” as defined in this section, shall not include 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, containers, or other intermodal equipment.
Sec. 2. EFFECTIVE DATE; APPLICATION.
Section 1 is effective the day following final enactment and applies to existing contracts on that date and contracts entered into or renewed on or after that date.

Missouri

Effective August 28, 2008
Motor carrier contracts, hold harmless provisions void and unenforceable–definitions.
390.372. 1. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 against the public policy of this state and is void and unenforceable.
2. For the purposes of this section, the following terms shall mean:
(1) “Motor carrier transportation contract”, a contract, agreement, or understanding covering:
(a) The transportation of property for compensation or hire by the motor carrier;
(b) The entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(c) A service incidental to activity described in paragraphs (a) and (b) of this subdivision, including but not limited to, storage of property; “Motor carrier transportation contract” shall not include 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;
(2) “Promisee”, the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor or rail carriers who are party to a motor carrier transportation contract, and such motor or rail carrier’s agents, employees, servants, or independent contractors directly responsible to such motor or rail carriers.

Montana

Effective March 28, 2013
Enrolled HB347

AN ACT PROVIDING THAT A PROVISION IN A MOTOR CARRIER TRANSPORTATION CONTRACT THAT REQUIRES CERTAIN TYPES OF CROSS-PARTY INDEMNIFICATION IS VOID; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Motor carrier transportation contract indemnification — limitation. (1) Except as provided in subsection (2), a motor carrier transportation contract provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party’s officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party’s officers, employees, or agents is void as against the public policy of this state.
(2) A motor carrier transportation contract may contain a provision requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party’s officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party’s officers, employees, or agents.
(3) 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 containers or other intermodal equipment.
(4) As used in this section, the following definitions apply:
(a) “Motor carrier” has the meaning provided in 61-1-101.
(b) “Motor carrier transportation contract” means a contract, agreement, or understanding covering:
(i) the transportation of property for compensation or hire by a motor carrier;
(ii) entrance onto a property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
– 1 – Authorized Print Version – HB 347HB0347
(iii) a service incidental to an activity described in subsection (4)(a) or (4)(b), including but not limited to storage of property.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 28, chapter 2, and the provisions of Title 28, chapter 2, apply to [section 1].
Section 3. Effective date. [This act] is effective on passage and approval.
Section 4. Applicability. [This act] applies to motor carrier transportation contracts entered into or
renewed on or after [the effective date of this act].

Nebraska

Effective March 6, 2006
75-391 Motor carrier transportation contracts; exculpatory provisions prohibited. (1) A provision, a clause, a covenant, or an agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless or has the effect of indemnifying, defending, or holding harmless the motor carrier transportation contract’s promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the motor carrier transportation contract’s promisee or any agents, employees, servants, or independent contractors who are directly responsible to the motor carrier transportation contract’s promisee, is against the public policy of this state and is unenforceable.
(2) Nothing contained in this section affects a provision, a clause, a covenant, or an agreement in which a motor carrier indemnifies or holds harmless a motor carrier transportation contract’s promisee against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier or its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.
(3) As used in this section:
(a) Motor carrier means any person who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport goods over any public highway in this state, whether in intrastate or interstate commerce;
(b) Motor carrier transportation contract means a contract, agreement, or understanding covering:
(i) The transportation of property for compensation or hire by a motor carrier;
(ii) The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or
(iii) A service incidental to activity described in subdivision (i) or (ii) of this subdivision, including, but not limited to, storage of property.
A motor carrier transportation contract does not include provisions of the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other provision, clause, covenant, or agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment; and
(c) Promisee means the party to a motor carrier transportation contract who or which is not a motor carrier or, if the promisee is a motor carrier, is not the motor carrier actually doing the transporting.

Nevada

Effective Oct. 1, 2013
SB158

Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section and notwithstanding any other provision of law, a provision, clause,
covenant or other agreement contained in, collateral to or affecting a contract concerning motor carrier transportation 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 loss or damage resulting from the negligent or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.
2. This section does not apply to agreements, including, without limitation, the Uniform Intermodal Interchange and  Facilities Access Agreement administered by the Intermodal Association of North America, providing for the interchange, use or possession of intermodal chassis or other intermodal equipment.
3. As used in this section:
(a) “Contract concerning motor carrier transportation” means a contract, agreement or understanding covering:
(1) The transportation of property for compensation or hire by a motor carrier;
(2) The entrance onto property by a motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
(3) A service incidental to the activity described in subparagraph (1) or (2), including, without limitation, storage of property.
(b) “Promisee” means a party to a contract concerning motor carrier transportation with a promisor and any agent, employee or independent contractor of the promisee, or of any other person, who is directly responsible to the promisee. The term does not include a motor carrier that is a party to a contract concerning motor carrier transportation with a promisee and any agent, employee or independent contractor of the motor carrier who is directly responsible to the motor carrier.
Sec. 2. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 706.158 is hereby amended to read as follows:
706.158 The provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act relating to brokers do not apply to any person whom the Authority determines is:
1. A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance;
2. A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or
3. A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.
Sec. 4. NRS 706.163 is hereby amended to read as follows:
706.163 The provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act do not apply to vehicles leased to or owned by:
1. The Federal Government or any instrumentality thereof.
2. Any state or a political subdivision thereof.
Sec. 5. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act do not apply to:
(a) The transportation by a contractor licensed by the State Contractors’ Board of the contractor’s own equipment in the contractor’s own vehicles from job to job.
(b) Any person engaged in transporting the person’s own personal effects in the person’s own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(f) A private motor carrier of property which is used to attend livestock shows and sales.
(g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.
2. Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:
(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.
(b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.
(c) All standards adopted by regulation pursuant to NRS 706.173.
3. The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:
(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.
(b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.
4. Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the person’s actual operation as prescribed in this chapter, computed from the date when that operation began.
5. As used in this section, “private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.
Sec. 6. This act does not apply to a contract concerning motor carrier transportation, as defined in section 1 of this act, entered into before October 1, 2013.

New Mexico

Effective July 1, 2009, and applies to contracts entered into on and after that date
S.B. 119 (2009 Session)
AN ACT
RELATING TO MOTOR CARRIERS; INVALIDATING INDEMNITY PROVISIONS IN MOTOR CARRIER TRANSPORTATION CONTRACTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Motor Carrier Act is enacted to read:
“INDEMNITY PROVISIONS IN MOTOR CARRIER TRANSPORTATION CONTRACTS VOID.—
A. A provision or agreement contained in, collateral to or affecting a motor carrier transportation
contract that requires the motor carrier to indemnify or hold harmless, or that has the effect of
indemnifying or holding harmless, the shipper from liability for loss or damage resulting from the negligence or intentional acts or omissions of the shipper, or agents, employees or independent contractors that are directly responsible to the shipper, is against the public policy of this state and is void and unenforceable.
B. As used in this section, “motor carrier transportation contract”:
(1) means a contract, agreement or understanding covering:
(a) the transportation of property for compensation or hire by the motor carrier;
(b) the entrance on real property by the motor carrier for the purpose of loading, unloading or
transporting property for compensation or hire; or
(c) a service incidental to an activity described in Paragraph (1) or (2) of this subsection, including storage of property; and
(2) does not include 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.”
Section 2. APPLICABILITY.–The provisions of this act are applicable to motor carrier transportation contracts entered into or renewed on or after July 1, 2009.

North Carolina

Effective October 1, 2005, and applies to contracts entered into on or after that date
§ 62-212. Indemnity agreements in motor carrier transportation contracts
(a) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 omission of the promisee is against the public policy of this State and is void and unenforceable.
(b) The following definitions apply in this section:
(1) Motor carrier transportation contract. — A contract, agreement, or understanding covering at least one of the following:
(a) The transportation of property for compensation or hire by the motor carrier.
(b) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire.
(c) A service incidental to activity described in sub-subdivision a. or b. of this subdivision, including storage of property.
(2) Promisee. — The person with whom the motor carrier enters into a motor carrier transportation contract and any agents, employees, servants, or independent contractors who are directly responsible to that person, except for motor carriers party to a motor carrier transportation contract with the person, and the motor carrier’s agents, employees, servants, or independent contractors directly
responsible to the motor carrier.
(c) Nothing contained in this section effects [affects] a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the contract’s promisee against liability for damages to the extent that the damages were caused by and resulted from the negligence of the motor carrier, its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.
(d) Notwithstanding the other provisions contained in this section, the term “motor carrier transportation contract”, as defined in this section, shall not include 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, containers, trailers, or other intermodal equipment that contain substantially the same indemnity provision as the provision contained in the Uniform Intermodal Interchange and Facilities Access Agreement.

North Dakota

Effective August 1, 2009
HOUSE BILL NO. 1195
AN ACT to create and enact a new section to chapter 22-02 of the North Dakota Century Code,
relating to indemnity agreements in motor carrier transportation contracts.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 22-02 of the North Dakota Century Code is created and
enacted as follows:
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.

Ohio

Effective March 23, 2016
Enrolled HB71
To enact section 2305.52 of the Revised Code to prohibit certain indemnity agreements in motor vehicle carrier transportation contracts. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 2305.52 of the Revised Code be enacted to read as follows: Sec. 2305.52.
(A) Except as provided in division (B) of this section, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that 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 as against public policy.
(B) This section does not apply to the uniform 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.
(C) For purposes of this section:

• (1) “Motor carrier” has the same meaning as in section 4923.01 of the Revised Code.
• (2) “Motor carrier transportation contract” means a contract, agreement, or understanding covering any of the following:
  • (a) The transportation of property for compensation or hire by a motor carrier;
  • (b) Entrance onto property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire;
  • (c) A service incidental to an activity described in division (C)(2)(a) or (b) of this section.
• (3) “Promisee” means the person who enters into a motor carrier transportation contract with a motor carrier. “Promisee” includes any agent, employee, servant, or independent contractor who is directly responsible to the promisee. “Promisee” does not include a motor carrier who is a party to a motor carrier transportation contract with the promisee, and that motor carrier’s agents, employees, servants, or independent contractors directly responsible to that motor carrier

Oklahoma

Effective June 4, 2004
47 O.S.A. § 169.7 Statements of liability or indemnity agreements not required—
Exceptions
A motor carrier shall not be required to sign any statement of liability or enter into any contract for the indemnification of any person for any acts or omissions not arising from damage or loss from a wrongful or negligent act or omission from the motor carrier.
The provisions of this section shall not apply to railroad intermodal or transload facilities or to contracts with railroads or ocean carriers.

Oregon

Effect May 28, 2011
Enacted SB 259
AN ACT
Relating to motor carrier transportation contracts; and declaring an emergency.

SECTION 1.  { + Section 2 of this 2011 Act is added to and made a part of ORS chapter 825. + }
SECTION 2.  { + (1) Except as provided under subsections (2) and (3) of this section, any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury or property
damage caused in whole or in part by the negligence or intentional acts or omissions of the other party is void.
(2) This section does not affect any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify another person against liability for death, personal injury or property damage that arises out of the fault of the indemnitor, or the fault of the indemnitor’s agents, representatives or subcontractors.
(3) This section does not apply to any 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, intermodal containers or other intermodal equipment.
(4) As used in this section, ‘motor carrier transportation contract’ means any written agreement for:
(a) The transportation of personal property for compensation or hire;
(b) Entry upon real property for the purpose of packing, loading, unloading or transporting personal property for compensation or hire; or
(c) A service incidental to an activity described in paragraph (a) or (b) of this subsection including, but not limited to, storage of personal property for compensation or hire. + }
SECTION 3.  { + Section 2 of this 2011 Act applies only to motor carrier transportation contracts entered into on or after the effective date of this 2011 Act. + }
SECTION 4. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency

Pennsylvania

Effective December 18, 2010
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, proscribing indemnity agreements in motor carrier transportation contracts. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Title 74 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 84
MOTOR CARRIERS
§ 8401. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Common carrier by motor vehicle.” As defined in 66 Pa.C.S. § 102 (relating to definitions).
“Contract carrier by motor vehicle.” As defined in 66 Pa.C.S. § 2501(b) (relating to definitions).
“Indemnity provision.” A provision which:
(1) is contained in, is collateral to or affects a motor carrier transportation contract; and
(2) indemnifies or attempts to indemnify the promisee against liability for loss or damage resulting from intentional, reckless or negligent acts or omissions.
“Motor carrier.” As defined in 66 Pa.C.S. § 102 (relating to definitions).
“Motor carrier transportation contract.” Any contract, agreement or understanding covering any of the following:
(1) Transportation of property for compensation by a motor carrier.
(2) Entrance on property by a motor carrier for the purpose of loading, unloading or transporting property for compensation.

The term does not include 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, containers or other intermodal equipment.
“Promisee.” A person that receives a promise under a motor carrier transportation contract. The term includes any agent, employee or independent contractor that is directly responsible to the promisee. The term excludes a motor carrier.
§ 8402. Indemnity provisions void.
(a) Public policy.–The General Assembly finds and declares that, except as set forth in subsection (c), indemnity provisions are against the public policy of the Commonwealth.
(b) Effect.–Except as set forth in subsection (c), an indemnity provision is void.
(c) Exception.–This section shall not apply to a contract or agreement which concerns or affects
transportation involving a railroad.
Section 2. The addition of 74 Pa.C.S. § 8402 shall apply to contracts entered into or renewed on or after the effective date of this section.
Section 3. This act shall take effect in 60 days.

South Carolina

Effective April 19, 2005
§ 58-23-110. Motor carrier transportation contracts; definition; hold harmless provisions;
exception.
(A) Notwithstanding another provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the contract’s promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the contract’s promisee, or any agents, employees, servants, or
independent contractors who are directly responsible to the contract’s promisee, is against the public policy of this State and is unenforceable.
(B) As used in this section “motor carrier transportation contract” means a contract, agreement, or understanding covering:
(1) the transportation of property for compensation or hire by the motor carrier;
(2) the entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or
(3) a service incidental to activity described in items (1) or (2) including, but not limited to, storage of property.
(C) Nothing contained in this section affects a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the contract’s promisee against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor
carrier, its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.
(D) Notwithstanding the other provisions contained in this section, a ” motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee.

South Dakota

Effective July 1, 2012
Enacted HB 1073
AN ACT ENTITLED, An Act to prohibit certain indemnity provisions in motor carrier transportation contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1)”Affiliate,” any employee or agent of a promisee, or any independent contractor who is directly responsible to a promisee other than a motor carrier that is a party to a motor carrier transportation contract with the promisee or an employee or agent of such motor carrier or an independent contractor directly responsible to such motor carrier;
(2)”Motor carrier transportation contract,” a contract or agreement between a motor carrier and a promisee covering the transportation of property for hire by the motor carrier; the motor carrier’s entrance on property for the purpose of loading, unloading, or transporting property for hire; or any service of the motor carrier that is incidental to these activities, including the storage of property;
(3)”Promisee,” any person who enters into a motor carrier transportation contract with a motor carrier.
Section 2. Notwithstanding any other law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may require the motor carrier to indemnify, hold harmless, or defend the promisee or affiliate, or have the effect of indemnifying, holding harmless, or defending the promisee or affiliate from or against any liability for loss or damage resulting from the negligence, intentional acts, or omissions of the promisee or affiliate. Any provision of any contract or agreement entered into after the effective date of this Act that violates this Act is void and unenforceable.
Section 3. This Act does not apply to 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.

Tennessee

Effective March 18, 2008
AN ACT to amend Tennessee Code Annotated, Title 12; Title 47, Chapter 18 and Title 65,
Chapter 15, relative to motor carrier transportation contracts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 65, Chapter 15, Part 1, is amended by adding the following language as a new section thereto:
65-15-108.
(a) A covenant, promise, agreement or understanding in or in connection with or collateral to amotor carrier transportation contract purporting to indemnify the promisee against liability for damages resulting from the negligence of the promisee, the promisee’s agents or employees, orindemnitee, is against public policy and is void and unenforceable.
(b) The provisions of subsection (a) shall not apply to the Uniform Intermodal Interchange andFacilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis,containers or other intermodal equipment.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

Texas

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139 and ch. 1061, Sec. 19.
Transportation Code, § 623.0155. Indemnification FromMotor Carrier Prohibited
(a) A person may not require indemnification from a motor carrier as a condition to:
(1) the transportation of property for compensation or hire by the carrier;
(2) entrance on property by the carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(3) a service incidental to an activity described by Subdivision (1) or (2), including storage of property.
(b) Subsection (a) does not apply to:
(1) a claim arising from damage or loss from a wrongful or negligent act or omission of the carrier; or
(2) services or goods other than those described by Subsection (a).
(c) In this section, “motor carrier” means a common carrier, specialized carrier, or contract carrier that transports property for hire. The term does not include a person who transports property as an incidental activity of a nontransportation business activity regardless of whether the person
imposes a separate charge for the transportation.
(d) A provision that is contrary to Subsection (a) is not enforceable.

Utah

Effective 2011
Enacted HB 73
13-8-6, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 13-8-6 is enacted to read:
13-8-6. Definitions — Motor carrier indemnity agreements void.
(1) As used in this section, “motor carrier transportation contract” means any written agreement for:
(a) the transportation of personal property for compensation or hire;
(b) entry on real property for the purpose of packing, loading, unloading, or transporting personal property for compensation or hire; or
(c) a service incidental to an activity described in Subsection (1)(a) or (b) including storage of personal property for compensation or hire.
(2) Except as provided in Subsection (3), any provision in a motor carrier
transportation contract that requires either party or either party’s surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury, or property damage caused in whole or in part by the negligence or intentional acts or omissions of the other party is void.
(3) This section does not affect any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify another person against liability for death, personal injury, or property damage that arises out of the fault of:
(a) the indemnitor; or
(b) the indemnitor’s agents or representatives.

Virginia

Approved March 24, 2006
§ 11-4.5. Certain indemnification provisions in motor carrier transportation contracts declared
void.
A. As used in this section:
“Motor carrier transportation contract” means a contract, agreement, or understanding covering:
1. The transportation of property for compensation or hire by the motor carrier;
2. The entrance on property by the motor carrier for the purpose of loading, unloading, or
transporting property for compensation or for hire; or
3. A service incidental to activity described in subdivision 1 or 2 including, but not limited to, storage of property.
For the purposes of this section, the term “motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee, or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
B. A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, or hold harmless, or has the effect of indemnifying, or holding harmless, either party from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of other party, or any agents, employees, servants, or independent contractors who are directly responsible to the other party, is against the public policy and is void and unenforceable.
C. Nothing contained in this section affects a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the other party against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier, its agents, employees, servants, or independent contractors who, in whole or in part are directly responsible to the motor carrier.

Washington

Effective July 1, 2010
SUBSTITUTE SENATE BILL 6674
State of Washington 61st Legislature 2010 Regular Session
AN ACT Relating to agreements to indemnify against liability for negligence involving motor
carriers; and amending RCW4.24.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW4.24.115 and 1986 c 305 s 601 are each amended to read as follows:
(1) A covenant, promise, agreement or understanding in, or in connection with or collateral to, a
contract or agreement relative to the construction, alteration, repair, addition to, subtraction from,
improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other
structure, project, development, or improvement attached to real estate, including moving and
demolition in connection therewith, or a motor carrier transportation contract, purporting to indemnify against liability for damages arising out of bodily injury to persons or damage to property:
(a) Caused by or resulting from the sole negligence of the indemnitee, his agents or employees is
against public policy and is void and unenforceable;
(b) Caused by or resulting from the concurrent negligence of (i) the indemnitee or the indemnitee’s agents or employees, and (ii) the indemnitor or the indemnitor’s agents or employees, is valid and enforceable only to the extent of the indemnitor’s negligence and only if the agreement specifically and expressly provides therefor, and may waive the indemnitor’s immunity under industrial insurance, Title 51 RCW, only if the agreement specifically and expressly provides therefor and the waiver was mutually negotiated by the parties. This subsection applies to agreements entered into after June 11, 1986.
(2) As used in this section, a “motor carrier transportation contract” means a contract, agreement, or understanding covering:
(a) The transportation of property for compensation or hire by the motor carrier;
(b) entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(c) a service incidental to activity described in (a) or (b) of this subsection, including, but not limited to, storage of property, moving equipment or trailers, loading or unloading, or monitoring loading or unloading. “Motor carrier transportation contract” shall not include agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.

West Virginia

Effective July 1, 2006
S.B. No. 492
MOTOR CARRIERS–TRANSPORTATION–CONTRACTS
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated § 24A-6-7, relating to providing that indemnity agreements in motor carrier transportation contracts are void and unenforceable as against public policy; and effective date.
Be it enacted by the Legislature of West Virginia: That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated § 24A-6-7, to read as follows:
ARTICLE 6. DUTIES AND PRIVILEGES OF MOTOR CARRIERS SUBJECT TO REGULATION OF THE COMMISSION.
§ 24A-6-7. Indemnity agreement in motor carrier transportation contracts void.
(a) Notwithstanding any provision of law to the contrary, a provision, clause, covenant or agreement contained in, collateral to or affecting a motor carrier transportation contract entered into on or after the first day of July, two thousand six, that 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 against the public policy of this state and is void and unenforceable.
(b) In this section:
(1) “Motor carrier transportation contract” means a contract, agreement or understanding covering:
(A) The transportation of property for compensation or hire by the motor carrier;
(B) Entrance on property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
(C) A service incidental to activity described in paragraph (A) or (B), including, but not limited to, storage of property.
(2) “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 promisee and such motor carrier’s agents, employees, servants or independent contractors directly responsible to such motor carrier.
(3) The term “motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee, or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment.

Wisconsin

Effective July 20, 2011
Enacted SB 41
Section 1. 194.53 of the statutes is created to read:
194.53 Certain liability provisions in motor carrier transportation contracts prohibited. (1) In this section:
(a) “Affiliate” of a promisee means any agent of the promisee or any independent contractor that is directly responsible to the promisee, but excludes a motor carrier that is a party to a motor carrier transportation contract with the promisee, any employee or agent of such a motor carrier, or any independent contractor directly responsible to such a motor carrier.
(b) “Motor carrier” means a common motor carrier or contract motor carrier.
(c) “Motor carrier transportation contract” means any agreement, regardless of whether it is written, oral, express, or implied, between a motor carrier and a promisee covering any of the following:
1. The transportation of property for hire by the motor carrier.
2. The motor carrier’s entrance on property for the purpose of loading, unloading, or transporting property for hire.
3. Any service of the motor carrier incidental to any activity under subd. 1. or 2., including the storage of property.
(d) “Promisee” means any person that enters into a motor carrier transportation contract with a motor carrier.
(2) (a) Notwithstanding s. 401.302, ch. 407, and any other provision of law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may indemnify, hold harmless, or require the motor carrier to provide a defense to the promisee or any employee or affiliate of the promisee, or have the effect of indemnifying, holding harmless, or requiring the provision of a defense, from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee or any employee or affiliate of the promisee.
(b) Any provision, covenant, or agreement in violation of par. (a) is void and unenforceable.
Section 2. Initial applicability.
(1) This act first applies to contracts that are entered into on the effective date of this subsection.

Wyoming

Effective July 1, 2009
Chapter 187
MOTOR CARRIER TRANSPORTATION CONTRACTS
Original House Bill No. 191
AN ACT relating to motor carrier transportation contracts; declaring specified indemnification
provisions unenforceable against negligent or intentional acts; providing a definition; creating
exceptions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 40-17-102 is created to read:
40-17-102. Motor carrier indemnity agreements void.
(a) Notwithstanding any other provision of law, any provision, clause, covenant or agreement
contained in a motor carrier transportation contract or a related access agreement under which
the motor carrier transporter enters on property for the purpose of loading, unloading or
transporting property, to the extent that the contract purports to indemnify, defend or hold
harmless or has the effect of indemnifying, defending or holding harmless the indemnitee from
or against any liability for loss or damage resulting from its own negligence or intentional acts or
omissions is against the public policy of this state and is void and unenforceable. For purposes
of this section, “motor carrier transportation contract” means a contract, agreement or
understanding regarding:
(i) The transportation of property for compensation or hire;
(ii) Entrance on property for the purpose of loading, unloading or transporting property for
compensation or hire; or
(iii) A service incidental to activity described in paragraphs (i) and (ii) of this subsection.
(b) Subsection (a) of this section shall not apply to a contract, subcontract or agreement that
concerns or affects transportation involving a railroad. As used in this section, “motor carrier
transportation contract” shall not include 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, containers or other
intermodal equipment.
Section 2. This act is effective July 1, 2009.