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Session of 2010

No. 2010-83

 

 

HB 2375

 

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:

 

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Section 1.  Title 74 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 84

MOTOR CARRIERS

Sec.

8401.  Definitions.

8402.  Indemnity provisions void.

§ 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.

(3)  Service incidental to activity described in paragraph (1) or (2). This paragraph includes 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 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.

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Section 2.  The addition of 74 Pa.C.S. § 8402 shall apply to contracts entered into on or after the effective date of this section.

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Section 3.  This act shall take effect in 60 days.

 

 

APPROVED--The 19th day of October, A.D. 2010.

 

EDWARD G. RENDELL