Missouri Revised Statutes
Chapter 390 - Motor Carriers and Express Companies
Section 390.372 - Motor carrier contracts, hold harmless provisions void and unenforceable — definitions.

Effective - 28 Aug 2008
390.372. Motor carrier contracts, hold harmless provisions void and unenforceable — definitions. — 1. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
2. For the purposes of this section, the following terms shall mean:
(1) "Motor carrier transportation contract", a contract, agreement, or understanding covering:
(a) The transportation of property for compensation or hire by the motor carrier;
(b) The entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(c) A service incidental to activity described in paragraphs (a) and (b) of this subdivision, including but not limited to, storage of property;
­­"Motor carrier transportation contract" shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, or other intermodal equipment;

(2) "Promisee", the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor or rail carriers who are party to a motor carrier transportation contract, and such motor or rail carrier's agents, employees, servants, or independent contractors directly responsible to such motor or rail carriers.
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(L. 2008 S.B. 930 & 947)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXV - Incorporation and Regulation of Certain Utilities and Carriers

Chapter 390 - Motor Carriers and Express Companies

Section 390.011 - Purpose of law — how construed.

Section 390.020 - Definitions.

Section 390.021 - UCR agreement — definitions — commission authority — precedence of agreement — filing of forms and registration fee-enforcement authority — authorized exemptions.

Section 390.030 - Vehicles exempted — discrimination prohibited, when.

Section 390.041 - Powers of the division of motor carrier and railroad safety to regulate common and contract motor carriers.

Section 390.045 - Enforcement personnel of division of motor carrier and railroad safety — powers, training — vehicles to be emergency vehicles — firearms prohibited.

Section 390.051 - Certificate required for common carriers of household goods or passengers to do business — application, content — issued when.

Section 390.054 - Movers of household goods in intrastate commerce, proof of workers' compensation insurance coverage required.

Section 390.061 - Contract carriers of household goods or passengers to have permit — application, contents — issuance — contract rates — interagency agreements.

Section 390.062 - Procedure for obtaining certificates, permits and rate relief — motion to intervene, when, content — ruling final, when — time extension.

Section 390.063 - Certificate required for motor carriers transporting elderly, handicapped and children in head start for rural areas, application, content — rates not to be regulated by division — license not required, when.

Section 390.066 - Application for employment, information of previous employment required — employer not to allow driver to drive on suspended, revoked or cancelled license, penalty — division of motor carrier and railroad safety to perform audit, pu...

Section 390.081 - Temporary permit, issued when.

Section 390.101 - Common carrier may discontinue service, when.

Section 390.106 - Certificate or permit may be revoked, altered or amended, when.

Section 390.111 - Certificate or permit transferred to purchaser, assignee or consolidated company, when.

Section 390.116 - Through routes and joint rates established by common carriers of household goods, when.

Section 390.121 - Rates, fares or charges, changes may be ordered by division of motor carrier and railroad safety, when.

Section 390.126 - Liability insurance required — powers of municipality.

Section 390.128 - Division of motor carrier and railroad safety required to promulgate rules for electronic filing of certificates of insurance by insurance companies — confirmation of coverage and acceptance of proof of nonresident insurance may be...

Section 390.136 - Motor carriers, regulatory license required — annual, issued when — emergency or temporary license for seventy-two hours — fees — out-of-state agreements, effect — violation, penalty.

Section 390.138 - Duplicate license issued, when — license cancelled when mutilated, procedure.

Section 390.141 - Orders and decision of division of motor carrier and railroad safety to be written — how served.

Section 390.146 - Laws relating to motor carrier and railroad safety division of the department of economic development and common carriers to apply.

Section 390.150 - Financial statement for intrastate common or contract carriers of household goods or passengers filed when, content — form — failure to comply, penalty deposit in school fund — motor carriers failure to maintain records, effect.

Section 390.151 - Law not to interfere with police control of use of highways.

Section 390.156 - Action for penalty or forfeiture, how prosecuted — defenses — disposition of penalties recovered.

Section 390.161 - Penalties cumulative.

Section 390.171 - Violation of law or rule a misdemeanor.

Section 390.176 - Fines for violations — what deemed separate offense — how construed.

Section 390.201 - Enforcement of federal regulations, authority to enforce.

Section 390.250 - Definitions.

Section 390.260 - Scope of division's authority — applicability of certain provisions to household goods.

Section 390.270 - Property carrier registration required, when.

Section 390.280 - Certificates issued prior to January 1, 1995, void, when — certificate owners qualified as registered property carriers, when — hazardous materials, transportation of, effect of law upon — geographic restriction void, when.

Section 390.290 - Application, verified, documents accompanying — determination of compliance by administrative law judge — property carrier registration restrictions, exceptions.

Section 390.300 - Transfer of property carrier registration, division approval, transfer requirements — restriction of property carrier registration on transfer.

Section 390.310 - Suspension of property carrier registration, hearing, notice, revocation, alteration or amendment of registration, when effective.

Section 390.320 - Orders and decisions of division, effect.

Section 390.330 - Motor carrier records not open to public inspection, exception — noncompliance penalty.

Section 390.350 - Training of division personnel — rulemaking authority.

Section 390.372 - Motor carrier contracts, hold harmless provisions void and unenforceable — definitions.