                                 CODE OF VIRGINIA

CERTAIN INDEMNIFICATION PROVISIONS IN MOTOR CARRIER TRANSPORTATION CONTRACTS
DECLARED VOID (§ 11-4.5)

A. As used in this section:
			&#8220;Motor carrier transportation contract&#8221; means a contract,
agreement, or understanding covering:

   1. The transportation of property for compensation or hire by the motor
   carrier;

   2. The entrance on property by the motor carrier for the purpose of loading,
   unloading, or transporting property for compensation or for hire; or

   3. A service incidental to activity described in subdivision 1 or 2 including,
   but not limited to, storage of property.
   				For the purposes of this section, the term &#8220;motor carrier
   transportation contract&#8221; 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. 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.

C. 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.

HISTORY: 2006, cc. 237, 423.