44-1379. Indemnity agreements in motor carrier transportation contracts void; definitions

A. A motor carrier and a promisee may not agree to either of the following as it relates to a transportation services contract entered into on or after the effective date of this section:

1. That the motor carrier will indemnify, defend or hold the promisee harmless, or agree to a provision that has the effect of indemnifying, defending or holding a promisee harmless, from claims or liability for the negligence, intentional acts or intentional omissions of the promisee.

2. That the promisee will indemnify, defend or hold the motor carrier harmless, or agree to a provision that has the effect of indemnifying, defending or holding a motor carrier harmless, from claims or liability for the negligence, intentional acts or intentional omissions of the motor carrier.

B. An agreement that violates this section is against public policy and is void and unenforceable.

C. This section does not apply to a contract, subcontract or agreement that concerns or affects railroad operations, railroad property or railroad facilities or to the uniform intermodal interchange and facilities access agreement administered by the intermodal association of North America or to another agreement that provides for the interchange, use or possession of intermodal chassis, intermodal containers or other intermodal equipment.

D. This section does not apply to agreements to which this state, a political subdivision of this state or an agent of a political subdivision of this state is a party, including intergovernmental agreements, or to agreements to which a public service corporation, as defined in article XV, section 2, Constitution of Arizona, including an electric or gas utility or an affiliate of a public service corporation, is a party.

E. For the purposes of this section:

1. " Motor carrier" means a person who is engaged in the transportation of property for compensation by a motor vehicle and includes an agent, employee, servant or independent contractor of the motor carrier if the agent, employee, servant or independent contractor provides services in connection with a transportation services contract that is subject to this section.

2. " Motor vehicle" means a motor vehicle or vehicle combination that has a gross weight vehicle rating or combined gross weight rating that is greater than ten thousand pounds.

3. " Promisee" includes an agent, employee, servant or independent contractor who is directly responsible to the promisee or who provides services in connection with a transportation services contract that is subject to this section, other than a motor carrier that is a party to a transportation services contract with the promisee and an agent, employee, servant or independent contractor directly responsible to the motor carrier.

4. " Transportation services" means any of the following:

(a) The transportation of property.

(b) The entry on property to load, unload or transport property.

(c) The provision of a service that is incidental to the actions prescribed by subdivision (a) or (b), including the packing or storage of property.