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Assembly Bill A3673

2013-2014 Legislative Session

Proscribes indemnity agreements in motor carrier transportation contracts

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Archive: Last Bill Status - In Assembly Committee

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2013-A3673 (ACTIVE) - Details

See Senate Version of this Bill:
S1087
Current Committee:
Assembly Transportation
Law Section:
Transportation Law
Laws Affected:
Add ยง182, Transp L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8254, S4843
2015-2016: A7307, S4173

2013-A3673 (ACTIVE) - Summary

Proscribes indemnity agreements in motor carrier transportation contracts.

2013-A3673 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3673

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. LUPARDO, MONTESANO, FINCH -- Multi-Sponsored by
  -- M. of A. CLARK, CROUCH, GABRYSZAK -- read once and referred to  the
  Committee on Transportation

AN  ACT  to  amend  the  transportation  law, in relation to proscribing
  indemnity agreements in motor carrier transportation contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The transportation law is amended by adding a new section
182 to read as follows:
  S 182. INDEMNITY PROVISION IN MOTOR CARRIER TRANSPORTATION  CONTRACTS.
1. FOR THE PURPOSES OF THIS SECTION:
  (A)  "MOTOR  CARRIER TRANSPORTATION CONTRACT" MEANS A CONTRACT, AGREE-
MENT OR UNDERSTANDING COVERING:
  (I) THE TRANSPORTATION OF PROPERTY FOR COMPENSATION  OR  HIRE  BY  THE
MOTOR CARRIER;
  (II)  ENTRANCE  ON  PROPERTY  BY  THE MOTOR CARRIER FOR THE PURPOSE OF
LOADING, UNLOADING OR TRANSPORTING PROPERTY FOR COMPENSATION OR HIRE; OR
  (III) A SERVICE INCIDENTAL TO ACTIVITY DESCRIBED IN  SUBPARAGRAPH  (I)
OR  (II)  OF  THIS  PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, STORAGE OF
PROPERTY.
  (B) "PROMISEE" MEANS THE PROMISEE AND ANY AGENTS, EMPLOYEES,  SERVANTS
OR  INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE PROMISEE
EXCEPT FOR MOTOR  CARRIERS  PARTY  TO  A  MOTOR  CARRIER  TRANSPORTATION
CONTRACT  WITH  THE PROMISEE AND SUCH MOTOR CARRIER'S AGENTS, EMPLOYEES,
SERVANTS OR INDEPENDENT CONTRACTORS DIRECTLY RESPONSIBLE TO  SUCH  MOTOR
CARRIER.
  2.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PROVISION,
CLAUSE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02261-01-3

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