{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/11-4.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/11-4.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/11-4.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/11-4.5.html"}],"law_id":58817,"edition_id":1,"section_id":58817,"structure_id":14846,"section_number":"11-4.5","catch_line":"Certain indemnification provisions in motor carrier transportation contracts declared void","history":"2006, cc. 237, 423.","full_text":"A\n\nAs used in this section:\n\t\t\t“Motor carrier transportation contract” means a contract, agreement, or understanding covering:1\n\nThe transportation of property for compensation or hire by the motor carrier;2\n\nThe entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or3\n\nA service incidental to activity described in subdivision 1 or 2 including, but not limited to, storage of property.\n\t\t\t\tFor the purposes of this section, the term “motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee, or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.B\n\nA provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, or hold harmless, or has the effect of indemnifying, or holding harmless, either party from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of other party, or any agents, employees, servants, or independent contractors who are directly responsible to the other party, is against the public policy and is void and unenforceable.C\n\nNothing contained in this section affects a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the other party against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier, its agents, employees, servants, or independent contractors who, in whole or in part are directly responsible to the motor carrier.","order_by":null,"text":{"0":{"id":215494,"text":"As used in this section:\n\t\t\t“Motor carrier transportation contract” means a contract, agreement, or understanding covering:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":215495,"text":"The transportation of property for compensation or hire by the motor carrier;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":215496,"text":"The entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":215497,"text":"A service incidental to activity described in subdivision 1 or 2 including, but not limited to, storage of property.\n\t\t\t\tFor the purposes of this section, the term “motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee, or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":215498,"text":"A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, or hold harmless, or has the effect of indemnifying, or holding harmless, either party from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of other party, or any agents, employees, servants, or independent contractors who are directly responsible to the other party, is against the public policy and is void and unenforceable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":215499,"text":"Nothing contained in this section affects a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the other party against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier, its agents, employees, servants, or independent contractors who, in whole or in part are directly responsible to the motor carrier.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14846,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13773,"metadata":{},"date_created":"2026-06-26 03:50:21","date_modified":"2026-06-26 03:50:21","permalink":{"id":147111,"object_type":"structure","relational_id":14846,"identifier":"1","token":"11\/1","url":"\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13773,"edition_id":1,"name":"Contracts","identifier":"11","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:51","date_modified":"2026-06-26 03:45:51","permalink":{"id":147109,"object_type":"structure","relational_id":13773,"identifier":"11","token":"11","url":"\/11\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69745,"structure_id":14846,"section_number":"11-1","catch_line":"Certain contracts void as to creditors and purchasers unless in writing; law governing validity of contracts creating security interests","url":"\/11-1\/","token":"11\/1\/11-1","metadata":false},{"id":70794,"structure_id":14846,"section_number":"11-2","catch_line":"When written evidence required to maintain action","url":"\/11-2\/","token":"11\/1\/11-2","metadata":false},{"id":85090,"structure_id":14846,"section_number":"11-2.01","catch_line":"Promise after bankruptcy must be in writing","url":"\/11-2.01\/","token":"11\/1\/11-2.01","metadata":false},{"id":86848,"structure_id":14846,"section_number":"11-2.1","catch_line":"Goods sent by mail","url":"\/11-2.1\/","token":"11\/1\/11-2.1","metadata":false},{"id":59493,"structure_id":14846,"section_number":"11-2.2","catch_line":"Unsolicited goods deemed gift to recipient","url":"\/11-2.2\/","token":"11\/1\/11-2.2","metadata":false},{"id":80629,"structure_id":14846,"section_number":"11-2.3","catch_line":"Repealed","url":"\/11-2.3\/","token":"11\/1\/11-2.3","metadata":false},{"id":83058,"structure_id":14846,"section_number":"11-2.4","catch_line":"Notice of possible filing of mechanics' lien required","url":"\/11-2.4\/","token":"11\/1\/11-2.4","metadata":false},{"id":62820,"structure_id":14846,"section_number":"11-3","catch_line":"Sealed writings; writings not purporting to be sealed","url":"\/11-3\/","token":"11\/1\/11-3","metadata":false},{"id":56755,"structure_id":14846,"section_number":"11-4","catch_line":"Sizes of type in printed contracts","url":"\/11-4\/","token":"11\/1\/11-4","metadata":false},{"id":66161,"structure_id":14846,"section_number":"11-4.1","catch_line":"Certain indemnification provisions in construction contracts declared void","url":"\/11-4.1\/","token":"11\/1\/11-4.1","metadata":false},{"id":71739,"structure_id":14846,"section_number":"11-4.1:1","catch_line":"Waiver of payment bond claims and contract claims; construction contracts","url":"\/11-4.1_1\/","token":"11\/1\/11-4.1_1","metadata":false},{"id":66462,"structure_id":14846,"section_number":"11-4.2","catch_line":"Repealed","url":"\/11-4.2\/","token":"11\/1\/11-4.2","metadata":false},{"id":65407,"structure_id":14846,"section_number":"11-4.3","catch_line":"When acceleration of payment or repossession of consumer goods not allowed","url":"\/11-4.3\/","token":"11\/1\/11-4.3","metadata":false},{"id":77848,"structure_id":14846,"section_number":"11-4.4","catch_line":"Certain indemnification and duty to defend provisions in contracts with design professionals declared void","url":"\/11-4.4\/","token":"11\/1\/11-4.4","metadata":false},{"id":58817,"structure_id":14846,"section_number":"11-4.5","catch_line":"Certain indemnification provisions in motor carrier transportation contracts declared void","url":"\/11-4.5\/","token":"11\/1\/11-4.5","metadata":false},{"id":87261,"structure_id":14846,"section_number":"11-4.6","catch_line":"Required contract provisions in construction contracts","url":"\/11-4.6\/","token":"11\/1\/11-4.6","metadata":false},{"id":63570,"structure_id":14846,"section_number":"11-5","catch_line":"Repealed","url":"\/11-5\/","token":"11\/1\/11-5","metadata":false},{"id":63830,"structure_id":14846,"section_number":"11-7.1","catch_line":"Certain entities' authority to extend performance agreements","url":"\/11-7.1\/","token":"11\/1\/11-7.1","metadata":false},{"id":70205,"structure_id":14846,"section_number":"11-8","catch_line":"Instruments executed by minors or surviving spouses to obtain benefits under certain federal legislation","url":"\/11-8\/","token":"11\/1\/11-8","metadata":false},{"id":85376,"structure_id":14846,"section_number":"11-9","catch_line":"Writing payable to deceased person","url":"\/11-9\/","token":"11\/1\/11-9","metadata":false},{"id":61688,"structure_id":14846,"section_number":"11-9.1","catch_line":"Repealed","url":"\/11-9.1\/","token":"11\/1\/11-9.1","metadata":false},{"id":61148,"structure_id":14846,"section_number":"11-9.8","catch_line":"Construction of certain terms of offer to contract; use of experience modification factor prohibited","url":"\/11-9.8\/","token":"11\/1\/11-9.8","metadata":false}],"previous_section":{"id":77848,"structure_id":14846,"section_number":"11-4.4","catch_line":"Certain indemnification and duty to defend provisions in contracts with design professionals declared void","url":"\/11-4.4\/","token":"11\/1\/11-4.4","metadata":false},"next_section":{"id":87261,"structure_id":14846,"section_number":"11-4.6","catch_line":"Required contract provisions in construction contracts","url":"\/11-4.6\/","token":"11\/1\/11-4.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/11-4.5\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapters 237<\/a> and 423<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":147169,"object_type":"law","relational_id":58817,"identifier":"11-4.5","token":"11\/1\/11-4.5","url":"\/11-4.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/11-4.5\/","token":"11\/1\/11-4.5","dublin_core":{"Title":"Certain indemnification provisions in motor carrier transportation contracts declared void","Type":"Text","Format":"text\/html","Identifier":"\u00a7 11-4.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Motor carrier transportation contract<\/span>” means a contract, agreement, or understanding covering: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The transportation of property for compensation or hire by the motor carrier; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A service incidental to activity described in subdivision 1 or 2 including, but not limited to, storage of property.\n\t\t\t\tFor the purposes of this section, the term “motor carrier transportation contract<\/span>” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee, or other agreements providing for the interchange, use, or possession<\/span> of intermodal chassis, containers, or other intermodal equipment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A provision, clause, covenant, or agreement contained in, collateral<\/span> to, or affecting a motor carrier transportation contract<\/span> that purports to indemnify, or hold harmless, or has the effect of indemnifying, or holding harmless, either party<\/span> from or against any liability for loss or damage resulting from the negligence<\/span> or intentional acts or omissions of other party<\/span>, or any agents, employees, servants, or independent contractors who are directly responsible to the other party<\/span>, is against the public policy and is void and unenforceable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing contained in this section affects a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the other party<\/span> against liability for damages<\/span> to the extent that the damages<\/span> were caused by and resulting from the negligence<\/span> of the motor carrier, its agents, employees, servants, or independent contractors who, in whole or in part are directly responsible to the motor carrier. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN INDEMNIFICATION PROVISIONS IN MOTOR CARRIER TRANSPORTATION CONTRACTS\nDECLARED VOID (\u00a7 11-4.5)\n\nA. As used in this section:\n\t\t\t“Motor carrier transportation contract” means a contract,\nagreement, or understanding covering:\n\n 1. The transportation of property for compensation or hire by the motor\n carrier;\n\n 2. The entrance on property by the motor carrier for the purpose of loading,\n unloading, or transporting property for compensation or for hire; or\n\n 3. A service incidental to activity described in subdivision 1 or 2 including,\n but not limited to, storage of property.\n \t\t\t\tFor the purposes of this section, the term “motor carrier\n transportation contract” shall not include the Uniform Intermodal\n Interchange and Facilities Access Agreement administered by the Intermodal\n Association of North America, as that agreement may be amended by the\n Intermodal Interchange Executive Committee, or other agreements providing for\n the interchange, use, or possession of intermodal chassis, containers, or\n other intermodal equipment.\n\nB. A provision, clause, covenant, or agreement contained in, collateral to, or\naffecting a motor carrier transportation contract that purports to indemnify, or\nhold harmless, or has the effect of indemnifying, or holding harmless, either\nparty from or against any liability for loss or damage resulting from the\nnegligence or intentional acts or omissions of other party, or any agents,\nemployees, servants, or independent contractors who are directly responsible to\nthe other party, is against the public policy and is void and unenforceable.\n\nC. Nothing contained in this section affects a provision, clause, covenant, or\nagreement where the motor carrier indemnifies or holds harmless the other party\nagainst liability for damages to the extent that the damages were caused by and\nresulting from the negligence of the motor carrier, its agents, employees,\nservants, or independent contractors who, in whole or in part are directly\nresponsible to the motor carrier.\n\nHISTORY: 2006, cc. 237, 423.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}