2015 Kentucky Revised Statutes CHAPTER 281 - MOTOR CARRIERS 281.592 Motor carrier transportation contracts -- When against public policy and void and unenforceable.
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281.592 Motor carrier transportation contracts -- When against public policy and
void and unenforceable.
(1)
(2)
(3)
As used in this section:
(a) "Motor carrier transportation contract" means a contract, agreement, or
understanding covering:
1.
The transportation of property for compensation or hire by a motor
carrier;
2.
The entrance on property by a motor carrier for the purpose of loading,
unloading, or transporting property for compensation or hire; or
3.
A service incidental to activity described in subparagraph 1. or 2. of this
paragraph, including but not limited to storage of property; and
(b) "Promisee" means a person with whom a motor carrier enters into a motor
carrier transportation contract and any agents, employees, servants, or
independent contractors who are directly responsible to that person.
"Promisee" does not include the motor carrier party to a motor carrier
transportation contract with the promisee, and the motor carrier's agents,
employees, servants, or independent contractors directly responsible to the
motor carrier.
A provision, clause, covenant, or agreement contained in, collateral to, or affecting
a motor carrier transportation contract that purports to indemnify, defend, or hold
the promisee harmless, or has the effect of indemnifying, defending, or holding the
promisee harmless, or requires a motor carrier to procure liability insurance
covering the acts or omissions or both of the promisee, from or against any liability
for loss or damage resulting from the negligence or intentional acts or omissions of
the promisee, is against public policy and is void and unenforceable.
This section shall not apply to 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 or other intermodal equipment.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 43, sec. 1, effective July 15, 2014.
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