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REFERENCE TITLE: transportation contracts; indemnity agreements; void |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2718 |
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Introduced by Representative McLain
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AN ACT
amending title 47, chapter 7, Arizona Revised Statutes, by adding article 8; relating to contracts of transportation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 47, chapter 7, Arizona Revised Statutes, is amended by adding article 8, to read:
ARTICLE 8. CONTRACTS OF TRANSPORTATION
47-7801. Indemnity agreements in transportation contracts void; applicability; definition
A. A covenant, provision or understanding in, collateral to or affecting a contract of transportation between a shipper and a carrier that purports to indemnify, to hold harmless or to defend or has the effect of indemnifying, holding harmless or defending the shipper from or against liability for loss or damage resulting from the negligence or intentional acts or omissions of the shipper or the shipper's agents, employees or indemnitees is void and unenforceable.
B. This section applies to all contracts of transportation entered into between private parties and does not apply to either:
1. Agreements to which this state or a political subdivision of this state is a party, including intergovernmental agreements.
2. Agreements entered into by railroads or intermodal service providers relating to the interchange, use or possession of intermodal chassis or other intermodal equipment.
C. For the purposes of this section, "contract of transportation" means a contract, agreement or understanding relating to any of the following:
1. The transportation of property for compensation or hire by the carrier.
2. The carrier's entrance on property to load, unload or transport property for compensation or hire.
3. A service incidental to an activity described in paragraph 1 or 2 of this subsection, including storage of property.