49-28-71. Indemnity provisions in motor carrier transportation contracts.
Notwithstanding any other law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may require the motor carrier to indemnify, hold harmless, or defend the promisee or affiliate, or have the effect of indemnifying, holding harmless, or defending the promisee or affiliate from or against any liability for loss or damage resulting from the negligence, intentional acts, or omissions of the promisee or affiliate. Any provision of any contract or agreement entered into after July 1, 2012 that violates this section is void and unenforceable.
Source: SL 2012, ch 228, ยง2.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 28 - Motor Carrier Regulation
Section 49-28-1 - Definitions.
Section 49-28-3 - Motor carrier status as question of fact.
Section 49-28-33 - Rules governing motor carriers--Promulgation--Conformity with federal rules.
Section 49-28-36.7 - Application for permit.
Section 49-28-41 - Cooperation with FMCSA--Department as party in proceedings before FMCSA.
Section 49-28-41.1 - Appearance before FMCSA--Department substituted as party.
Section 49-28-45 - Disposition of fees received from carriers.
Section 49-28-50 - Reports and statements by carriers.
Section 49-28-51 - Procedure before department.
Section 49-28-52 - Enforcement of department's orders.
Section 49-28-53 - Procedure for rehearing, review, or appeal.
Section 49-28-62 - Violation of chapter as misdemeanor.
Section 49-28-63 - Noncompliance with chapter or with department order as misdemeanor.
Section 49-28-66 - Stopping of vehicles to determine compliance--Failure to stop as misdemeanor.
Section 49-28-69 - Compliance with the Unified Carrier Registration Act.
Section 49-28-70 - Definitions relating to motor carrier transportation contracts.
Section 49-28-71 - Indemnity provisions in motor carrier transportation contracts.