HLS 10RS-1679 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1201
BY REPRESENTATIVE ARMES
MOTOR CARRIERS: Prohibits transfer of liability in motor carrier transportation contracts
AN ACT1
To enact R.S. 9:2780.1, relative to motor carrier contracts; to define the term "motor carrier2
transportation contract"; to provide relative to motor carrier transportation contracts;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9: 2780.1 is hereby enacted to read as follows:6
ยง2780.1. Certain contract provisions invalid; motor carrier transportation contracts7
A. For purposes of the Section, "motor carrier transportation contract" shall8
mean any contract, agreement, or understanding covering the transportation of9
property for compensation or hire by a motor carrier, entrance upon property by the10
motor carrier for the purpose of loading, unloading, or transporting property for11
compensation or hire, or a service incidental to any such activity, including but not12
limited to storage or property, except the Uniform Intermodal Interchange and13
Facilities Access Agreement administered by the Intermodal Association of North14
America, as such agreement may be amended by the Intermodal Interchange15
Executive Committee.16
B. Notwithstanding any provision of law to the contrary, any provision,17
clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier18
transportation contract that purports to indemnify, defend, or hold harmless, or has19
the effect of indemnifying, defending, or hold harmless, the indemnities from or20 HLS 10RS-1679 ORIGINAL
HB NO. 1201
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
against any liability for loss or damage resulting from the negligence or intentional1
acts or omissions of the indemnities is against the public policy of this state and is2
null, void, and unenforceable.3
C. Notwithstanding any provision of law to the contrary, any provision,4
clause, covenant, or agreement contained in, collateral to, or affecting a motor5
carrier transportation contract which purports to require an obligor to procure6
liability insurance covering the obligee's own negligence is void and unenforceable.7
D. This Section shall not be applicable to or be construed to affect or impair8
any indemnification agreement that is an integral part of an offer to compromise, or9
the settlement of a disputed claim.10
E. Notwithstanding any contractual provision to the contrary, the laws of the11
state of Louisiana will apply to and govern any motor carrier transportation contract12
relative to loading or unloading activities, or any services incidental thereto, which13
occur in this state. Any provision, covenant, or clause in such contracts which14
conflict with the provisions of this Section shall be null, void and unenforceable.15
F. The provisions of the Section are not intended to, nor shall they be16
judicially interpreted, to alter, add to, subtract from, amend, overlap, or affect the17
provisions of R.S. 9:2780 or R.S. 38: 2195.18
G. The provisions of this Section shall apply to any motor carrier19
transportation contract for any accident, injury, or damage occurring on or after20
January 1, 2011.21
Section 2. The provisions of this Act shall become effective on January 1, 2011.22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Armes HB No. 1201
Abstract: Prohibits transfer of liability in motor carrier transportation contracts.
Proposed law defines "motor carrier transportation contract". HLS 10RS-1679 ORIGINAL
HB NO. 1201
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that any provision, clause, covenant, or agreement contained in,
collateral to, or affecting a motor carrier transportation contract that purports to indemnify,
defend, or hold harmless, the indemnities from or against any liability for loss or damage
resulting from the negligence or intentional acts or omissions of the indemnities is against
the public policy of the state and is null, void and unenforceable.
Proposed law provides that any provision, clause, covenant, or agreement contained in,
collateral to, or affecting a motor carrier transportation contract that purports to require an
obligor to procure liability insurance covering the obligee's own negligence is void and
unenforceable.
Proposed law provides that provisions under proposed law shall not be applicable to or be
construed to affect or impair any indemnification agreement that is an integral part of an
offer to compromise, or the settlement of a disputed claim.
Proposed law provides the laws of the state of La. will apply to and govern any motor carrier
transportation contract relative to loading or unloading activities, or any services incidental
which occur in this state. Further provides that any provision, covenant, or clause in such
contracts which conflict with the provisions under proposed law shall be null, void and
unenforceable.
Proposed law provides that the provisions under proposed law are not intended to, nor shall
they be judicially interpreted, to alter, add to, subtract from, amend, overlap, or affect
provisions provided by law.
Proposed law provides that the provisions under proposed law shall apply to any motor
carrier transportation contract for any accident, injury, or damage occurring on or after Jan.
1, 2011.
Effective January 1, 2011.
(Adds R.S. 9:2780.1)