2018 -- H 7308 SUBSTITUTE A

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LC004104/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - MOTOR CARRIER

TRANSPORTATION CONTRACTS

     Introduced By: Representatives Kennedy, Marshall, Edwards, Serpa, and Abney

     Date Introduced: January 25, 2018

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 13.1

MOTOR CARRIER TRANSPORTATION CONTRACTS

     39-13.1-1. Definitions.

     As used in this chapter:

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

property or passengers by motor vehicle.

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

covering:

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

incidental thereof;

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

transporting property for compensation or a service incidental thereof; or

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

section.

     (3) "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.

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

     (a) Notwithstanding the provisions of chapters 12 and 13 of title 39, or any general or

public 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.

     (b) 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.

     39-13.1-3. Applicability.

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

on or after the effective date of this chapter.

     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

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

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

     This act would take effect upon passage.

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