2017 -- H 5487

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LC001498

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

     RELATING TO PUBLIC UTILITIES AND CARRIERS - MOTOR CARRIER

TRANSPORTATION CONTRACTS

     

     Introduced By: Representatives Kennedy, Marshall, Serpa, O`Grady, and Edwards

     Date Introduced: February 15, 2017

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

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CARRIERS" is hereby amended by adding thereto the following chapter:

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CHAPTER 13.1

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MOTOR CARRIER TRANSPORTATION CONTRACTS

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     39-13.1-1. Definitions.

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     As used in this chapter:

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     (1) "Motor carrier" means a contract carrier, a common carrier or a private carrier of

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property or passengers by motor vehicle.

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     (2) "Motor carrier transportation contract" means a contract, agreement or understanding

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covering:

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     (i) The transportation of property for compensation by a motor carrier or a service

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incidental thereof;

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     (ii) Entrance on property by a motor carrier for the purposes of loading, unloading, or

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transporting property for compensation or a service incidental thereof; or

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     (iii) A service incidental to an activity described in subsections (2)(i) and (2)(ii) of this

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section.

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     39-13.1-2. Indemnity agreement in motor carrier transportation contract void.

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Notwithstanding the provisions of chapters 12 and 13 of title 39, or any general or public law to

 

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the contrary, any provision, clause, covenant or agreement contained in a motor carrier

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transportation contract that purports to indemnify, defend or hold harmless, or has the effect of

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indemnifying, defending or holding harmless, an indemnitee from or against any liability for loss

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or damage resulting from such indemnitee's negligence or intentional acts or omissions shall be

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void and unenforceable.

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     39-13.1-3. Applicability.

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     This chapter shall apply to motor carrier transportation contracts entered into or renewed

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on or after the effective date of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO PUBLIC UTILITIES AND CARRIERS - MOTOR CARRIER

TRANSPORTATION CONTRACTS

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     This act would render void and unenforceable any motor transportation contract term

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indemnifying an indemnitee from or against its own negligence, intentional acts or omissions in

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contracts entered into or renewed on or after the effective date of the chapter.

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     This act would take effect upon passage.

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