2017 ORS 825.170¹
Prohibited indemnification provisions in motor carrier transportation contracts
  • exceptions

(1) Except as provided under subsections (2) and (3) of this section, any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury or property damage caused in whole or in part by the negligence or intentional acts or omissions of the other party is void.

(2) This section does not affect any provision in a motor carrier transportation contract that requires either party or either party’s surety or insurer to indemnify another person against liability for death, personal injury or property damage that arises out of the fault of the indemnitor, or the fault of the indemnitor’s agents, representatives or subcontractors.

(3) This section does not apply to any Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use or possession of intermodal chassis, intermodal containers or other intermodal equipment.

(4) As used in this section, “motor carrier transportation contract” means any written agreement for:

(a) The transportation of personal property for compensation or hire;

(b) Entry upon real property for the purpose of packing, loading, unloading or transporting personal property for compensation or hire; or

(c) A service incidental to an activity described in paragraph (a) or (b) of this subsection including, but not limited to, storage of personal property for compensation or hire. [2011 c.159 §2]

Chapter 825

(formerly chapter 767)

Notes of Decisions

Political subdivisions subject to pro­vi­sions of Public Contracts and Purchasing Law, [former] ORS chapter 279, are not re­quired to comply with it before entering into contracts for supplies or services of public utilities whose rates are regulated pursuant to this chapter (formerly ORS chapter 767). Bower Trucking and Whse. Co. v. Multnomah Cty., 35 Or App 427, 582 P2d 439 (1978)

Atty. Gen. Opinions

Nonprofit opera­tion of van pools, (1978) Vol 38, p 1780

1 Legislative Counsel Committee, CHAPTER 825—Motor Carriers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors825.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 825, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano825.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.