11-4.5 - Certain indemnification provisions in motor carrier transportation contracts declared void. - Virginia Statutes

§ 11-4.5. Certain indemnification provisions in motor carrier transportationcontracts declared void.

A. As used in this section:

"Motor carrier transportation contract" means a contract, agreement, orunderstanding covering:

1. The transportation of property for compensation or hire by the motorcarrier;

2. The entrance on property by the motor carrier for the purpose of loading,unloading, or transporting property for compensation or for hire; or

3. A service incidental to activity described in subdivision 1 or 2including, but not limited to, storage of property.

For the purposes of this section, the term "motor carrier transportationcontract" shall not include the Uniform Intermodal Interchange andFacilities Access Agreement administered by the Intermodal Association ofNorth America, as that agreement may be amended by the Intermodal InterchangeExecutive Committee, or other agreements providing for the interchange, use,or possession of intermodal chassis, containers, or other intermodalequipment.

B. A provision, clause, covenant, or agreement contained in, collateral to,or affecting a motor carrier transportation contract that purports toindemnify, or hold harmless, or has the effect of indemnifying, or holdingharmless, either party from or against any liability for loss or damageresulting from the negligence or intentional acts or omissions of otherparty, or any agents, employees, servants, or independent contractors who aredirectly responsible to the other party, is against the public policy and isvoid and unenforceable.

C. Nothing contained in this section affects a provision, clause, covenant,or agreement where the motor carrier indemnifies or holds harmless the otherparty against liability for damages to the extent that the damages werecaused by and resulting from the negligence of the motor carrier, its agents,employees, servants, or independent contractors who, in whole or in part aredirectly responsible to the motor carrier.

(2006, cc. 237, 423.)