Nevada law prohibiting unfair trucking clauses takes effect Oct. 1

By Keith Goble, Land Line state legislative editor | Monday, September 30, 2013

A new law on the books this week in Nevada prohibits unfair clauses in trucking contracts.

Starting Tuesday, Oct. 1, Nevada becomes the 39th state to do away with indemnification clauses in contracts. The clauses are set up to protect shippers or hold them harmless from anything that happens with a shipment.

Advocates for the rule change said that truck drivers doing business in states that have yet to act have little or no choice but to accept the unfair terms.

Nevada state Sen. James Settelmeyer, R-Minden, previously told lawmakers that the new law is about “making sure the little guy is not told by the big guy ‘You’re going to pay for my errors.’”

Other states to act this year to change rules on indemnity clauses include neighboring Idaho and Utah, as well as Montana and Arkansas. A full list of states, and the laws, where protections are in place is available.

Affected contracts in Nevada are defined as a contract, agreement, or understanding between a motor carrier and a shipper covering the transportation of property for hire by the motor carrier, entry on property to load, unload or transport property, including the storage of property.

The protection excludes intermodal chassis, containers, or other intermodal equipment.

In nearby Montana, another new law in effect Tuesday allows travelers to salvage certain road kill – and clean up roadways. The new rule allows law enforcement officers to issue permits to recover carcasses of antelope, deer, elk or moose that are killed by vehicles.

Similar rules are already in place in states that include Florida, Illinois, New York, West Virginia and Wisconsin.

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