A. A provision or agreement contained in, collateral to or affecting a motor carrier transportation contract that requires the motor carrier to indemnify or hold harmless, or that has the effect of indemnifying or holding harmless, the shipper from liability for loss or damage resulting from the negligence or intentional acts or omissions of the shipper, or agents, employees or independent contractors that are directly responsible to the shipper, is against the public policy of this state and is void and unenforceable.

B. As used in this section, "motor carrier transportation contract":

1. (1) means a contract, agreement or understanding covering:

   1. (a) the transportation of property for compensation or hire by the motor carrier;
   2. (b) the entrance on real property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
   3. (c) a service incidental to an activity described in Paragraph (1) or (2) of this subsection, including storage of property; and
2. (2) does 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.

History: Laws 2009, ch. 183, § 1.

ANNOTATIONS

Effective dates. — Laws 2009, ch. 183 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.

Applicability. — Laws 2009, ch. 183, § 2 provided that the provisions of Laws 2009, ch. 183, § 1 were applicable to motor carrier transportation contracts entered into or renewed on or after July 1, 2009.