HOUSE OF REPRESENTATIVES

H.B. NO.

392

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 271, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§271-     Indemnification prohibited.  (a)  With regard to a transportation services contract, an indemnitee, as defined by subsection (c), shall not require a motor carrier to indemnify, defend, or hold the indemnitee harmless, or be required to agree to a provision that purports to indemnify, defend, or hold an indemnitee harmless from claims or liability for the negligence, intentional acts, or intentional omissions of the indemnitee.

     (b)  Any contract or agreement, or portion thereof, that violates subsection (a) shall be deemed void and unenforceable.

     (c)  As used in this section:

     "Indemnitee" means:

     (1)  A person who enters into a transportation contract or agreement to use the services of, or permit entry onto their premises to, a motor carrier; or

     (2)  A person who is, or is purported to be, indemnified, defended, or held harmless from claims or liabilities for that person's negligence, intentional acts, or intentional omissions by a contract or agreement; and

     (3)  Includes any agent, employee, servant, or independent contractor of paragraphs (1) or (2).

     "Motor carrier" has the same meaning as in section 286-201, and includes an agent, employee, servant, or independent contractor of the motor carrier.

     "Transportation services" means:

     (1)  The transportation of property or passengers; or

     (2)  Entry onto a property to load, unload, or transport property or passengers."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Transportation; Motor Carrier Indemnification

 

Description:

Prohibits motor carriers from being required to enter into agreements to hold harmless from claims or liability for the negligence, intentional acts, or intentional omissions persons entering into a transportation contract or agreement to use the services of, or permit entry onto their premises to a motor carrier.

 

 

 

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