Bill Text: OH SB371 | 2011-2012 | 129th General Assembly | Introduced


Bill Title: To prohibit certain indemnity agreements in motor vehicle carrier transportation contracts.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-09-11 - To Highways & Transportation [SB371 Detail]

Download: Ohio-2011-SB371-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 371


Senator Schiavoni 

Cosponsors: Senators Kearney, Sawyer 



A BILL
To enact section 2305.52 of the Revised Code to 1
prohibit certain indemnity agreements in motor 2
vehicle carrier transportation contracts.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2305.52 of the Revised Code be 4
enacted to read as follows:5

       Sec. 2305.52. (A) Except as provided in division (B) of this 6
section, an agreement contained in a motor carrier transportation 7
contract that purports to indemnify, defend, or hold harmless, or 8
has the effect of indemnifying, defending, or holding harmless, 9
the promisee from or against any liability for loss or damage 10
resulting from the negligence or intentional acts or omissions of 11
the promisee is void as against public policy.12

        (B) This section does not apply to the uniform interchange 13
and facilities access agreement, administered by the intermodal 14
association of North America or other agreements providing for the 15
interchange, use, or possession of intermodal chassis or other 16
intermodal equipment. 17

        (C) For purposes of this section:18

        (1) "Motor carrier" has the same meaning as in section 19
4923.01 of the Revised Code.20

        (2) "Motor carrier transportation contract" means a contract, 21
agreement, or understanding covering any of the following:22

        (a) The transportation of property for compensation or hire 23
by a motor carrier; 24

       (b) Entrance onto property by a motor carrier for the purpose 25
of loading, unloading, or transporting property for compensation 26
or hire;27

        (c) A service incidental to an activity described in division 28
(C)(1)(a) or (b) of this section.29

        (3) "Promisee" means the person who enters into a motor 30
carrier transportation contract with a motor carrier. "Promisee" 31
includes any agent, employee, servant, or independent contractor 32
who is directly responsible to the promisee. "Promisee" does not 33
include a motor carrier who is a party to a motor carrier 34
transportation contract with the promisee, and that motor 35
carrier's agents, employees, servants, or independent contractors 36
directly responsible to that motor carrier.37

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