2305.52 Hold harmless clauses in motor carrier transportation contracts.

(A) Except as provided in division (B) of this section, a provision, clause, covenant, or agreement contained in, collateral to, or affecting 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)(2)(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.

Added by 131st General Assembly File No. TBD, HB 71, §1, eff. 3/23/2016.