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S. B. No. 371 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Kearney, Sawyer
A BILL
To enact section 2305.52 of the Revised Code to
prohibit certain indemnity agreements in motor
vehicle carrier transportation contracts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2305.52 of the Revised Code be
enacted to read as follows:
Sec. 2305.52. (A) Except as provided in division (B) of this
section, an agreement contained in a motor carrier transportation
contract that purports to indemnify, defend, or hold harmless, or
has the effect of indemnifying, defending, or holding harmless,
the promisee from or against any liability for loss or damage
resulting from the negligence or intentional acts or omissions of
the promisee is void as against public policy.
(B) This section does not apply to the uniform 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 or other
intermodal equipment.
(C) For purposes of this section:
(1) "Motor carrier" has the same meaning as in section
4923.01 of the Revised Code.
(2) "Motor carrier transportation contract" means a contract,
agreement, or understanding covering any of the following:
(a) The transportation of property for compensation or hire
by a motor carrier;
(b) Entrance onto property by a motor carrier for the purpose
of loading, unloading, or transporting property for compensation
or hire;
(c) A service incidental to an activity described in division
(C)(1)(a) or (b) of this section.
(3) "Promisee" means the person who enters into a motor
carrier transportation contract with a motor carrier. "Promisee"
includes any agent, employee, servant, or independent contractor
who is directly responsible to the promisee. "Promisee" does not
include a motor carrier who is a party to a motor carrier
transportation contract with the promisee, and that motor
carrier's agents, employees, servants, or independent contractors
directly responsible to that motor carrier.
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