Oregon Statutes 825.170 – Prohibited indemnification provisions in motor carrier transportation contracts; exceptions
(1) Except as provided under subsections (2) and (3) of this section, any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury or property damage caused in whole or in part by the negligence or intentional acts or omissions of the other party is void.
Terms Used In Oregon Statutes 825.170
- Contract: A legal written agreement that becomes binding when signed.
- motor carrier: means for-hire carrier or private carrier. See Oregon Statutes 825.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) This section does not affect any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify another person against liability for death, personal injury or property damage that arises out of the fault of the indemnitor, or the fault of the indemnitor’s agents, representatives or subcontractors.
(3) This section does not apply to any Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use or possession of intermodal chassis, intermodal containers or other intermodal equipment.
(4) As used in this section, ‘motor carrier transportation contract’ means any written agreement for:
(a) The transportation of personal property for compensation or hire;
(b) Entry upon real property for the purpose of packing, loading, unloading or transporting personal property for compensation or hire; or
(c) A service incidental to an activity described in paragraph (a) or (b) of this subsection including, but not limited to, storage of personal property for compensation or hire. [2011 c.159 § 2]
(Fees)