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