§271-39 Motor carrier indemnification agreements prohibited. (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.
(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. [L 2012, c 298, §2]
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
271-2 Administration; governing provisions of other acts.
271-3 Application of chapter, interstate, or foreign commerce.
271-7 Exemptions, vehicles used by farmers.
271-8 Certificate or permit required.
271-9 General duties and powers of the commission.
271-9.5 Electronic copies of documents.
271-10 Reports and decisions of commission.
271-11 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.
271-12 Applications for certificates of public convenience and necessity.
271-13 Permits for contract carriers by motor vehicle.
271-14 No proprietary right in highway.
271-17 Security for protection of public.
271-19 Suspension, change, and revocation of certificates and permits.
271-20 Rates, fares and charges of common carriers by motor vehicle.
271-21 Tariffs of common carriers by motor vehicle.
271-22 Schedules of contract carriers by motor vehicle.
271-23 Bills of lading, shipping documents.
271-24 Recovery of overcharges or undercharges.
271-25 Accounts, records, and reports.
271-26 Records to be maintained in State.
271-26.5 Change of address; responsibility; service of orders.
271-28 Collection of rates and charges.
271-29 Identification of carriers.
271-30 Allowance to shippers for transportation services.
271-32 Reconsideration and rehearings.
271-35 Agreements between carriers.