Adopted Standing Committee by H08
HB0191
Motor Carrier Transportation Contracts
In one sentence
This law makes certain contract clauses unenforceable if they try to protect a company from its own negligence or intentional acts.
What it does
- Declares contract clauses unenforceable if they protect a party from its own negligence or intentional acts.
- Applies to motor carrier transportation contracts and related access agreements for loading or unloading property.
- Defines a motor carrier transportation contract as an agreement for moving property for pay or entering property to load or unload.
- Excludes contracts involving railroads from these rules.
- Excludes standard intermodal agreements for sharing equipment like containers or chassis.
Who it affects
- Motor carrier transporters who move property for compensation.
- Companies that sign contracts to enter property for loading or unloading.
- Parties to contracts involving the transportation of property for hire.
Limits and unknowns
- The law does not apply to contracts that involve railroad transportation.
- The law does not apply to specific standard agreements for intermodal equipment managed by industry groups.
- The source text does not specify how courts will handle existing contracts signed before the effective date.
Plain language
Terms to know
- Indemnify
- To protect someone from loss or damage by paying for it or taking legal responsibility.
- Indemnitee
- The person or company that is being protected from loss or damage.
- Intermodal equipment
- Standard containers or chassis used to move goods between different types of transport, like trucks and trains.
Official record
Sources
Read the official summary
Bill No.: <billno> Drafter: <drafterinit> Bill No.: HB0191 Drafter: LGC LSO No.: 09LSO-0326 Effective Date: 7/1/2009 Enrolled Act No.: HEA0112 Chapter No.: 187 Prime Sponsor: Representative Cohee Catch Title: Motor carrier transportation contracts. Subject: Declares certain indemnification provisions in motor carrier transportation contract to be unenforceable. Summary/Major Elements: The act declares unenforceable any provision in a motor carrier contract or related access agreement that purports to indemnify, defend or hold harmless the indemnitee from or against any loss or damage resulting from its own negligence or intentional acts or omissions. The act defines motor carrier transportation contract to include a contract for the transportation of property for compensation, for entrance on property for the purpose of loading, unloading or transporting property for compensation or for service incidental to those activities. The definition does not include railroads or uniform intermodal interchange and facilities agreements or similar agreements. The uniform intermodal interchange & facilities access agreement is a standard interchange contract developed to promote intermodal productivity and operating efficiencies through the development of uniform industry processes and procedures governing the interchange of intermodal equipment between ocean carriers, railroads, equipment leasing companies and intermodal trucking companies. Note: Final action on this bill was not taken at the time this summary was prepared. Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.
Public statements
Why lawmakers voted
Last checked Aug 8, 6:50 AM
Wyoming roll calls
Recorded votes
5 roll calls
H Did Concur 60-0-0-0-02009-03-04 · House60 yes 0 no
- Yes
- 60
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 60
S Passed 3rd Reading 30-0-0-0-02009-03-03 · Senate30 yes 0 no
- Yes
- 30
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 30
S08 Recommended Amend and Do Pass 5-0-0-0-02009-02-26 · Senate5 yes 0 no
- Yes
- 5
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
H Passed 3rd Reading 59-0-1-0-02009-02-11 · House59 yes 0 no
- Yes
- 59
- No
- 0
- Absent
- 0
- Excused
- 1
- Conflict
- 0
Yes 59
Excused 1
H08 Recommended Amend and Do Pass 9-0-0-0-02009-02-04 · House9 yes 0 no
Official activity
Bill history
- Assigned Chapter Number - 187LSO
- Governor Signed HEA No. 0112Governor
- S President Signed HEA No. 0112Senate
- H Speaker Signed HEA No. 0112House
- Assigned Number HEA No. 0112LSO
- H Did ConcurHouse
- H Received for ConcurrenceHouse
- S Passed 3rd ReadingSenate
- Amendment AdoptedSenate
- S Passed 2nd ReadingSenate
- S Passed CoWSenate
- S Amendments AdoptedSenate
- Amendment AdoptedSenate
- S Placed on General FileSenate
- S08 Recommended Amend and Do PassSenate
- S Introduced and Referred to S08Senate
- S Received for IntroductionSenate
- H Passed 3rd ReadingHouse
- H Passed 2nd ReadingHouse
- H Passed CoWHouse
Changes
Amendments
3 stored
Adopted 3rd reading by LANDEN
Adopted Standing Committee by VON FLATER