, Land Line state legislative editor | Thursday, October 08, 2015
A new law in New Jersey will no longer permit indemnification clauses to be included in most trucking contracts. The clauses are set up to protect shippers or hold them harmless from anything that happens with a shipment.
Gov. Chris Christie signed into law a bill to outlaw provisions in contracts that provide for shippers to be indemnified for losses caused by their own negligence and make them “void and unenforceable.”
Previously S1380, the new law takes effect on Nov. 1, 2016. The bill swept through the Legislature with unanimous consent.
States lawmakers across the country have been active the past few years changing rules on indemnity clauses. New Jersey becomes the 43rd state to forbid unfair provisions from contracts.
A full list of states, and the laws, where protections are in place is available. States yet to adopt protections are Delaware, Mississippi, New Hampshire, New York, Ohio, Rhode Island and Vermont.
Affected contracts in New Jersey 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.
Intermodal chassis, or other intermodal equipment, are excluded from the protection.
The Owner-Operator Independent Drivers Association supports passage of the new law.
Mike Matousek, OOIDA’s director of state legislative affairs, says the change is a reasonable and fair solution to prevent all parties to a transportation contract from granting themselves blanket immunity.
“Truckers should not be held liable for damages or injuries that are caused by the negligence of shippers and receivers,” Matousek said. Conversely, he said shippers and receivers should not be held liable for damages or injuries that result from the negligence of a trucker.
To view other legislative activities of interest for New Jersey, click here.
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