December 7, 2011, Introduced by Senators MARLEAU, EMMONS, KOWALL, CASPERSON, JONES, BRANDENBURG, HANSEN, PAVLOV and NOFS and referred to the Committee on Transportation.
A bill to amend 1933 PA 254, entitled
"The motor carrier act,"
(MCL 475.1 to 479.43) by adding section 21 to article V.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21. (1) 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 against the public policy of this
state and is void and unenforceable.
(2) This section does 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.
(3) As used in this section:
(a) "Motor carrier transportation contract" means a contract,
agreement, or understanding for any of the following:
(i) The transportation of property for compensation or hire by
a motor carrier.
(ii) Entrance on property by a motor carrier for the purpose of
loading, unloading, or transporting property for compensation or
(iii) A service incidental to activity described in
subparagraphs (i) and (ii), including, but not limited to, the
storage of property.
(b) "Promisee" means a party to a motor carrier transportation
contract who is not a motor carrier or, if the promisee is a motor
carrier, a party to a motor carrier transportation contract who is
not transporting property for compensation or hire. Promisee
includes agents, employees, servants, and independent contractors
who are directly responsible to the promisee.