(a) Any provision in a transportation services contract or agreement that requires a motor carrier to indemnify, defend, or hold harmless or that purports to indemnify, defend, or hold harmless, whether in whole or in part, the indemnitee under the contract or agreement from any claim or liability arising from the negligence or intentional acts or omissions of the indemnitee, shall be deemed void and unenforceable as a matter of law to the extent that the provision seeks to indemnify, defend, or hold harmless the indemnitee for the negligent or intentional acts or omissions of the indemnitee.

Terms Used In Hawaii Revised Statutes 271-39

  • Contract: A legal written agreement that becomes binding when signed.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Motor carrier: includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Hawaii Revised Statutes 271-4
  • Permit: means a permit issued under this chapter to contract carriers by motor vehicle. See Hawaii Revised Statutes 271-4
  • persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271-4
  • Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271-4
(b) For purposes of this section:

“Indemnitee” means a person who:

(1) Enters into a transportation services contract or agreement to use the services of a motor carrier, or to permit a motor carrier to enter the person’s premises; and
(2) In the contract or agreement, is being, or has the effect of being indemnified, defended, or held harmless from claims or liabilities for that person’s negligence or intentional acts or omissions.

“Indemnitee” includes an agent, employee, servant, or independent contractor of the person described in paragraphs (1) and (2) of this definition.

“Motor carrier” includes an agent, employee, servant, or independent contractor of the motor carrier.

“Transportation services” means:

(1) The transportation of persons or property;
(2) Entry upon property to load, unload, or transport persons or property; or
(3) Providing a service, including the storage of property, incidental to paragraph (1) or (2) of this definition.
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