Bill Text: NY A08254 | 2011-2012 | General Assembly | Introduced

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Bill Title: Proscribes indemnity agreements in motor carrier transportation contracts.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A08254 Detail]

Download: New_York-2011-A08254-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8254
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 9, 2011
                                      ___________
       Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the  transportation  law,  in  relation  to  proscribing
         indemnity agreements in motor carrier transportation contracts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The transportation law is amended by adding a  new  section
    2  182 to read as follows:
    3    S  182. INDEMNITY PROVISION IN MOTOR CARRIER TRANSPORTATION CONTRACTS.
    4  1. FOR THE PURPOSES OF THIS SECTION:
    5    (A) "MOTOR CARRIER TRANSPORTATION CONTRACT" MEANS A  CONTRACT,  AGREE-
    6  MENT OR UNDERSTANDING COVERING:
    7    (I)  THE  TRANSPORTATION  OF  PROPERTY FOR COMPENSATION OR HIRE BY THE
    8  MOTOR CARRIER;
    9    (II) ENTRANCE ON PROPERTY BY THE MOTOR  CARRIER  FOR  THE  PURPOSE  OF
   10  LOADING, UNLOADING OR TRANSPORTING PROPERTY FOR COMPENSATION OR HIRE; OR
   11    (III)  A  SERVICE INCIDENTAL TO ACTIVITY DESCRIBED IN SUBPARAGRAPH (I)
   12  OR (II) OF THIS PARAGRAPH, INCLUDING, BUT NOT  LIMITED  TO,  STORAGE  OF
   13  PROPERTY.
   14    (B)  "PROMISEE" MEANS THE PROMISEE AND ANY AGENTS, EMPLOYEES, SERVANTS
   15  OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE  PROMISEE
   16  EXCEPT  FOR  MOTOR  CARRIERS  PARTY  TO  A  MOTOR CARRIER TRANSPORTATION
   17  CONTRACT WITH THE PROMISEE AND SUCH MOTOR CARRIER'S  AGENTS,  EMPLOYEES,
   18  SERVANTS  OR  INDEPENDENT CONTRACTORS DIRECTLY RESPONSIBLE TO SUCH MOTOR
   19  CARRIER.
   20    2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  PROVISION,
   21  CLAUSE  OR  AGREEMENT  CONTAINED  IN, COLLATERAL TO OR AFFECTING A MOTOR
   22  CARRIER TRANSPORTATION CONTRACT THAT PURPORTS TO  INDEMNIFY,  DEFEND  OR
   23  HOLD  HARMLESS,  OR HAS THE EFFECT OF INDEMNIFYING, DEFENDING OR HOLDING
   24  HARMLESS, THE PROMISEE FROM OR AGAINST ANY LIABILITY FOR LOSS OR  DAMAGE
   25  RESULTING  FROM  THE  NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11007-01-1
       A. 8254                             2
    1  PROMISEE IS AGAINST THE PUBLIC POLICY OF THIS  STATE  AND  IS  VOID  AND
    2  UNENFORCEABLE.
    3    3.  "MOTOR  CARRIER  TRANSPORTATION  CONTRACT,"  AS  DEFINED  IN  THIS
    4  SECTION, SHALL NOT INCLUDE THE UNIFORM INTERMODAL INTERCHANGE AND FACIL-
    5  ITIES ACCESS AGREEMENT ADMINISTERED BY  THE  INTERMODAL  ASSOCIATION  OF
    6  NORTH  AMERICA OR OTHER AGREEMENTS PROVIDING FOR THE INTERCHANGE, USE OR
    7  POSSESSION OF INTERMODAL CHASSIS, CONTAINERS OR OTHER INTERMODAL  EQUIP-
    8  MENT.
    9    S 2. This act shall take effect immediately.