2018 -- S 2592 SUBSTITUTE A

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LC004892/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: Senator Roger Picard

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     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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     (3) "Promisee" means the promisee and any agents, employees, servants, or independent

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contractors who are directly responsible to the promisee except for motor carriers party to a motor

 

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carrier transportation contract with promisee, and such motor carrier's agents, employees,

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servants or independent contractors directly responsible to such motor carrier.

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

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

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public law to the contrary, any provision, clause, covenant or agreement contained in a motor

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

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effect of indemnifying, defending or holding harmless, an indemnitee from or against any liability

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for loss or damage resulting from such indemnitee's negligence or intentional acts or omissions

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shall be void and unenforceable.

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     (b) This section does not apply to the Uniform Intermodal Interchange and Facilities

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Access Agreement administered by the Intermodal Association of North America or other

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agreements providing for the interchange, use, or possession of intermodal chassis or other

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intermodal equipment.

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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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