T49CH10
Title 49 > T49CH10
Sections (17)
49-1001
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by any vehicle or combination of vehicles shall not exceed the limits in this section. The maximum single axle gross weight shall be twenty thousand (20,000) pounds, the maximum single wheel gross weight shall be ten thousand (10,000) pounds and the maximum gross vehicle or combination weight shall be one hundred five thousand five hundred (105,500) pounds, provided that maximum gross vehicle or combination weight on United States federal interstate and defense highways of this state shall not exceed eighty thousand (80,000) pounds, except as permitted under the provisions of section 49-1004 , Idaho Code. (1) The total gross weight imposed on the highway by any group of consecutive axles shall be determined by the following formula: W=500((LN/N-1)+12N+36) Where W is the maximum weight in pounds (to the nearest 500 pounds) carried on any group of two (2) or more consecutive axles. L is the distance in feet between the extremes of any group of two (2) or more consecutive axles, and N is the number of axles under consideration. The formula is modified as illustrated in the following table: Distance in feet between the extremes of any group of 2 or more consecutive Maximum load in pounds carried on any group of 2 or more consecutive axles axles 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles 8 axles 9 axles 10 axles 11 axles 12 axles 13 axles 4 34,000 5 34,000 WHEN NO ALLOWABLE WEIGHT IS 6 34,000 LISTED FOR ANY AXLE SPACING, 7 34,000 APPLY THE ALLOWABLE WEIGHT 8 34,000 AS LISTED IN THE FIRST COLUMN 8+ 38,000 42,000 TO THE LEFT 9 39,000 42,500 10 40,000 43,500 11 44,000 12 45,000 50,000 13 45,500 50,500 14 46,500 51,500 15 47,000 52,000 16 48,000 52,500 58,000 17 48,500 53,500 58,500 18 49,500 54,000 59,000 19 50,000 54,500 60,000 20 51,000 55,500 60,500 66,000 21 51,500 56,000 61,000 66,500 22 52,500 56,500 61,500 67,000 23 53,000 57,500 62,500 68,000 24 54,000 58,000 63,000 68,500 74,000 25 54,500 58,500 63,500 69,000 74,500 26 55,500 59,500 64,000 69,500 75,000 27 56,000 60,000 65,000 70,000 75,500 28 57,000 60,500 65,500 71,000 76,500 82,000 29 57,500 61,500 66,000 71,500 77,000 82,500 30 58,500 62,000 66,500 72,000 77,500 83,000 31 59,000 62,500 67,500 72,500 78,000 83,500 32 60,000 63,500 68,000 73,000 78,500 84,500 90,000 33 64,000 68,500 74,000 79,000 85,000 90,500 34 64,500 69,000 74,500 80,000 85,500 91,000 35 65,500 70,000 75,000 80,500 86,000 91,500 36 66,000 70,500 75,500 81,000 86,500 92,000 98,000 37 66,500 71,000 76,000 81,500 87,000 93,000 98,500 38 67,500 71,500 77,000 82,000 87,500 93,500 99,000 39 68,000 72,500 77,500 82,500 88,500 94,000 99,500 40 68,500 73,000 78,000 83,500 89,000 94,500 100,000 106,000 41 69,500 73,500 78,500 84,000 89,500 95,000 100,500 106,500 42 70,000 74,000 79,000 84,500 90,000 95,500 101,000 107,000 43 70,500 75,000 80,000 85,000 90,500 96,000 102,000 107,500 44 71,500
49-1002
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1002. Allowable load per inch width of tire. (1) Load for inch width of tire for the front steer axle may not exceed the manufacturer’s load rating per tire or the load rating of the axle or twenty thousand (20,000) pounds per axle whichever is less. The maximum allowable load for all other vehicle tires operated on any public highway shall not exceed six hundred (600) pounds per inch width of tire and shall not exceed the manufacturer’s load rating, whichever is less. The width of a tire shall be determined by the manufacturer’s description marked on the sidewall of the tire. Tires on vehicles manufactured prior to July 1, 1987, may exceed the six hundred (600) pounds per inch width of tire limit subject to a maximum of eight hundred (800) pounds per inch width of tire. This section shall not apply to nonreducible overweight and/or oversize vehicles and/or loads as authorized under section 49-1004 , Idaho Code. (2) Except as provided herein, no vehicle or combination of vehicles may proceed past the place of weighing at temporary or permanent ports of entry or checking stations when the weight carried on a single tire, as determined by dividing the weight carried on an axle or group of axles by the number of wheels on the axle or group of axles, exceeds on a single axle the allowable weight above by two thousand (2,000) pounds or more or the weight of a combination of axles exceeds the allowable weight above by seven percent (7%) or more. Vehicles or combinations of vehicles which exceed the weight limitations set forth herein shall be required to be brought into compliance with the applicable weight per inch width of tire contained within this subsection prior to continuing except those vehicles or combinations of vehicles which are transporting loads which, in the determination of the board or other proper authorities in charge of or having jurisdiction over a highway, are deemed unsafe or impractical to bring into compliance at the place of weighing. Vehicles or combinations of vehicles transporting loads in this latter category shall obtain a travel authorization to the nearest place of safe unloading, load adjustment or other means of legalization. (a) Neither the state of Idaho or its employees, nor any authority and its employees in charge of or having jurisdiction over a highway, shall be held liable for personal injury or property damage resulting from the requirements of section 49-1001 (8), Idaho Code. (b) The fee for a travel authorization as set forth above shall be fifty dollars ($50.00) and shall be on a form prescribed by the board or other proper authorities. (c) The board or other proper authorities in charge of or having jurisdiction over a highway shall adopt and enforce administrative rules as may be necessary to carry out the provisions of this section. History: [49-1002, added 1988, ch. 265, sec. 273, p. 718; am. 1991, ch. 226, sec. 2, p. 543; am. 200
49-1003
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1003. Speed limits for vehicles regulated according to weight and tire equipment. It shall be unlawful to operate any vehicle equipped with other than pneumatic tires on a highway at a rate of speed in excess of twenty (20) miles per hour for vehicles having a gross weight of not more than ten thousand (10,000) pounds, and twelve (12) miles per hour for vehicles having a gross weight of more than ten thousand (10,000) pounds. History: [49-1003, added 1988, ch. 265, sec. 274, p. 719.]
49-1004
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1004. Permits for overweight or oversize loads — Special routes and annual permits. (1) Upon application in writing to the department or local authorities in charge of or having jurisdiction over a highway, the department or local authorities may in their discretion issue a special permit to the owner or operator of any vehicle allowing vehicles or loads having a greater weight or size than permitted by law to be moved or carried over and on the highways and bridges. (a) Special permits shall be in either hard copy or digital format and may limit the time of use and operation over the particular highways and bridges which may be traversed and may contain any special conditions and require any undertaking or other security as the department or local authority shall deem to be necessary to protect the highways and bridges from injury, or provide indemnity for any injury to highways and bridges or to persons or property resulting from such operation. (b) The owner or operator of an overweight or oversize vehicle shall obtain a permit or shall establish intent to obtain a permit by contacting a permit office and receiving a permit number before moving the vehicle on the highways. (c) All special permits or evidence of intent to obtain a permit, whether in hard copy or digital format, shall be carried in the vehicles to which they refer and shall upon demand be delivered for inspection to any peace officer, authorized agent of the board or local authority, or any officer or employee charged with the care or protection of the highways. (2) Nonreducible vehicles or combinations of vehicles hauling nonreducible loads at weights in excess of those set forth in section 49-1001 , Idaho Code, shall pay fees as set forth in this subsection. Such fees are based on the number of axles on the vehicle or combination of vehicles and the total gross weight. Column 1 Column 2 Gross weight of vehicle Gross weight of vehicle and load in and load in Number of axles pounds pounds 2 40,001 – 3 54,001 – 4 68,001 – 5 80,001 131,001 6 97,001 148,001 7 114,001 165,001 (a) To determine the maximum allowable permit fee for vehicles with more than seven (7) axles, the table can be extended by adding seventeen thousand (17,000) pounds to the last listed weight in both columns 1 and 2 for each added axle. (b) Permit fees for column 1 shall start at four cents (4¢) per mile and increase four cents (4¢) per mile for each additional two thousand (2,000) pound increment up to the weight indicated in column 2. Permit fees for column 2 shall start at one dollar and two cents ($1.02) per mile and increase seven cents (7¢) per mile for each additional two thousand (2,000) pound increment. (c) Vehicles operating at weights less than the starting weights per axle configuration listed in column 1 shall be charged four cents (4¢) per mile. (d) For vehicles operating with axles wider than eight (8) feet six (6) inches or
49-1004A
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1004A. new special route designations by the department. (1) Notwithstanding the provision on the addition or deletion of approved routes in section 49-1004 (4), Idaho Code, the department may designate routes within its jurisdiction for operation of vehicle combinations with a legal maximum gross weight of at least one hundred five thousand five hundred one (105,501) pounds but not exceeding one hundred twenty-nine thousand (129,000) pounds, utilizing criteria established by the department based upon road and bridge structural integrity engineering standards, as well as public safety engineering standards. Any routes approved by the department shall be included in the statewide route map provided for in section 49-1004 (4), Idaho Code, entitled Designated Routes up to 129K. (2) For all requests that new routes be designated for travel by vehicle combinations with a maximum gross weight of up to one hundred twenty-nine thousand (129,000) pounds, the department shall analyze the safety and feasibility of adding such routes within the department’s jurisdiction. (3) Prior to designating, modifying, or deleting a designation of a route under this section, the department shall publish notice and conduct a public hearing concerning the proposed designation. History: [49-1004A, added 2013, ch. 206, sec. 1, p. 493; am. 2013, ch. 351, sec. 1, p. 952; am. 2019, ch. 180, sec. 2, p. 582.]
49-1004B
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1004B. special route designations and permits by local authorities. (1) Local authorities may, by resolution on their own initiative or pursuant to written request, designate routes and revoke previously authorized routes within their respective jurisdictions for the operation of vehicle combinations with a legal maximum gross weight between one hundred five thousand five hundred one (105,501) pounds and one hundred twenty-nine thousand (129,000) pounds. A local authority that designates routes under this section shall do so pursuant to the requirements of this section. Nothing in this section shall limit the exclusive jurisdiction of local authorities to authorize or decline to designate such routes. All routes authorized by this section that are effective on July 1, 2019, shall remain in effect unless subsequently revoked pursuant to the procedures set forth in this section. (a) Within one hundred fifty (150) days after receipt of a written request to designate a route under this section, the governing board of a local authority shall issue a determination as to: (i) Whether it designates routes under this section; and (ii) If it designates routes under this section, whether to approve the specific route at issue. (b) In exercising jurisdiction to designate a route under this section, a local authority shall analyze the long-term physical and safety consequences of allowing vehicles covered by this section to use the route at issue. In conducting such analysis, the local authority shall use Idaho transportation department standards or the Idaho standards for public works construction, or a successor publication. (c) A local authority that designates routes under this section shall authorize a map of designated routes by resolution of its governing board and shall update the route map within thirty (30) days after authorization or revocation of a route under this section. Upon designation or update of a route map as set forth in this subsection, a local authority shall submit such designation or update to the department for inclusion in the statewide route map entitled Designated Routes up to 129K. (2) A local authority that designates routes under this section may issue permits for travel upon such routes and may use such permits to designate conditions for travel, including possible seasonal restrictions or other time, place, or manner limitations. A local authority shall indicate on its route map, or within the provisions of its authorizing resolution, whether a permit is required upon a designated route. Issuance of permits for use of designated routes shall be deemed an administrative action that can be carried out by the primary administrative officer of the jurisdiction, or his designee. (a) Within thirty (30) days after receipt of a written request for a permit for travel upon a designated route, a local authority shall either issue a permit or issue a written denia
49-1004C
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1004C. special permits — interstate system. Exclusively for the purposes of section 49-1001 (1)(c), Idaho Code, the interstate system, which shall be considered to consist of I-15, I-84, I-86, I-90 and I-184, in Idaho is deemed a noninterstate highway. Exclusively for the purposes of section 49-1004 (4), Idaho Code, the interstate system, which shall be considered to consist of I-15, I-84, I-86, I-90 and I-184, in Idaho is deemed a designated state route. History: [(49-1004C) 49-1004B, added 2016, ch. 36, sec. 1, p. 87; am. and redesig. 2019, ch. 180, sec. 6, p. 584.]
49-1005
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1005. Special regulations and notice. Whenever in the judgment of the board or authorities in charge of, or having jurisdiction over a highway, the operation on any highway or section of highway of vehicles of sizes and weights at rates of speed permissible by law which will cause damage to the highway by reason of climatic or other conditions, or will interfere with the safe and efficient use of the highway by the traveling public, the board or other authorities in charge of, or having jurisdiction over a highway have authority to make regulations reducing the permissible sizes, weights or speeds of vehicles operated on that highway for any periods as may be necessary for the protection of the highway or for public safety. Signs designating those regulations shall be erected and maintained at each end of the highway or section and at intersections with main traveled highways. History: [49-1005, added 1988, ch. 265, sec. 276, p. 719.]
49-1006
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1006. Responsibility for damage to highway or bridge. The owner and the operator, driver or mover of any vehicle, object or contrivance over a highway or bridge, shall be jointly and severally responsible for all damages which the highway or bridge may sustain as the result of illegally operating or driving or moving any vehicle, object or contrivance, or as the result of driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight specified in this chapter, but authorized by a temporary permit. The amount of the damages may be recovered in an action at law by the authorities in control of the highway or bridge[;]. It shall be unlawful for more than one (1) vehicle, motor vehicle, trailer and/or semitrailer, or combination of vehicles with gross weights in excess of those specified in section 49-1001 (1) and (2), Idaho Code, to pass at the same time on any bridge with a span of nineteen (19) feet or more posted by the board for single lane traffic by those trucks. History: [49-1006, added 1988, ch. 265, sec. 277, p. 720.]
49-1007
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1007. Limiting liability of authorities. No action or proceedings of any nature or description shall lie against the board, its authorized agents, or any other authorities charged with the administration of this chapter because of their compliance with any of the terms of this chapter, the exercise of any authority, or the performance of any duties granted or prescribed by this chapter. History: [49-1007, added 1988, ch. 265, sec. 278, p. 720.]
49-1008
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1008. Granting permission for transportation of loads of logs, poles, piling and material from mines which has not been finally processed. With respect to transportation of logs, poles or piling by motor vehicle, the board or other proper authorities in charge of, or having jurisdiction over a highway, are authorized to designate and post a highway or section of highway or bridge over which loads of logs, poles, or piling may be transported in continuous operation by motor vehicles in excess of width and length provided by section 49-1010 , Idaho Code, and to designate and post a highway or section of highway or bridge over which loads of logs, poles, piling or material from mines which has not been finally processed may be transported in continuous operation by motor vehicles in excess of weight provided by section 49-1001 , Idaho Code. The designation and posting of a highway or section of highway or bridge by the board or other proper authorities shall state width, length, gross weight and maximum speed of loads that may be transported. Any motor vehicle complying with width, length and weight allowed by posting of a highway under authority of this title shall not be required to obtain a permit under section 49-1004 , Idaho Code. History: [49-1008, added 1988, ch. 265, sec. 279, p. 720.]
49-1009
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1009. Contract for building and maintaining roads. The board, the governing board of a county, city or highway district is authorized to contract with any individual, firm or corporation, state or federal agency or any combination of parties, to build, rebuild or maintain or contribute financial aid to the building, rebuilding or maintenance of any section or sections of a highway to any standard necessary for the transportation by private or contract trucks principally engaged in the transportation of products originating or produced in Idaho, to permit the hauling of heavier gross weights and wider loads than now provided by law, to an extent necessary to accomplish that maintenance or construction. Upon application of any of the above mentioned parties for permission to use and operate private or contract trucks for hauling greater gross weights and wider loads than provided by law, the board, county, city or district may make and enter into an agreement with the applicant permitting the overload and providing for payment of an additional financial contribution or an agreement to maintain, build or rebuild the highway for the additional or extraordinary use, specifically providing where necessary, for reasonable protective restrictions. If in the opinion of the negotiating officials, a bond should be required, then a surety bond shall be furnished. Nothing in this chapter shall be construed to require any public agency to enter into these contracts or agreements. History: [49-1009, added 1988, ch. 265, sec. 280, p. 721.]
49-1010
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1010. Size of vehicles and loads. No vehicle shall exceed the dimensions specified below, except that certain devices determined by the board as necessary for the safe and efficient operation of motor vehicles, including energy conservation devices, shall be excluded from the calculation of width or length. (1) The width of a vehicle, including any load thereon, except as noted below, shall not exceed (a) The limitations as to size of vehicles stated in this section shall not apply to farm tractors or to implements of husbandry, including any load thereon, or any trailer not wider than the implement of husbandry used in the transportation of implements of husbandry for agricultural operations, and including all equipment used in land leveling operations, when being incidentally operated upon the highway from one farm operation to another during daylight hours. (b) The limitations as to size of vehicles shall not apply to farmers or their designated agents, or equipment dealers transporting implements of husbandry and equipment listed in paragraph (a) of this subsection for the purpose of: (i) The repair or maintenance of such implements of husbandry and equipment when traveling to or from a farm to a repair or maintenance facility during daylight hours; or (ii) The purchase, sale, lease or rental of such implements of husbandry and equipment when traveling to or from a farm to a dealership, auction house or other facility during daylight hours. (c) Notwithstanding the exemption from width limitation for farm tractors included in paragraph (a) of this subsection, the total outside width of any farm tractor being transported on the interstate system in this state, except as permitted by section 49-1004 , Idaho Code, shall not exceed (d) A farm tractor or implement of husbandry, when being incidentally transported upon the highway with a width in excess of the limits of paragraphs (a) and (c) of this subsection, must display one (1) red or fluorescent orange flag a minimum of eighteen (18) by eighteen (18) inches on the outermost left projection of the tractor or implement being transported. (2) The height of a vehicle, including the load thereon, shall not exceed (3) The length of a vehicle, or vehicle combination, except as noted below shall not exceed: (a) When a single motor vehicle (b) When a trailer or semitrailer, except as noted in this subsection 1. Semitrailers operating on routes determined by the board to have severe curvature, deficient width and/or heavy traffic conditions shall be limited to an overall combination length not to exceed 2. The length of a trailer tongue, or the length of the tongue of a converter gear used to convert a semitrailer to a trailer, shall be excluded from the calculation of a trailer length. 3. Semitrailers operating on routes which are a part of the national network as set forth in 23 CFR 658, on routes providing access between the nat
49-1011
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1011. Exception to weight and size limitations. (1) If federal law permits the several states to establish size and weight limits in excess of those prescribed in sections 49-1001 and 49-1010 , Idaho Code, the board, as provided in subsection (2) of this section, may authorize the movement on highways under its jurisdiction of vehicles, motor vehicles, trailers and/or semitrailers, or combinations thereof, of a size or weight in excess of the limits prescribed in sections 49-1001 and 49-1010 , Idaho Code, but within the limits necessary to qualify for federal-aid highway funds. (2) The authority granted the board by the provisions of this section shall be exercised by adoption of rules or regulations pursuant to section 40-312 , Idaho Code, or by issuance of permits pursuant to section 49-1004 , Idaho Code, except that the maximum size and weight limits authorized in this section apply. (3) The following vehicles may be operated on any highway that is not part of the federal-aid interstate system, up to two thousand (2,000) pounds in excess of any axle, bridge or gross vehicle weight limit established in section 49-1001 , Idaho Code, as determined by the vehicle operator: (a) Farm vehicles; (b) Vehicles that are operated to transport forest products; and (c) Refuse or sanitation trucks that are operated by a city, county or state agency, or by a designated agent of the agency, to transport refuse. Such extra weight shall not apply to posted bridge weights or other seasonal or temporary weight limit postings. History: [49-1011, added 1988, ch. 265, sec. 282, p. 723; am. 2013, ch. 350, sec. 1, p. 951; am. 2015, ch. 208, sec. 10, p. 655.]
49-1012
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1012. Temporary movement of harvesting machinery after darkness. Notwithstanding any other provision of law, harvesting machinery may be moved during hours of darkness when that machinery is equipped, in addition to those requirements set forth in chapter 9, title 49 , Idaho Code, with a flashing amber-colored light at least four (4) inches in diameter clearly visible from in front of the machinery, a flashing red-colored light at least four (4) inches in diameter clearly visible from the back of the machinery, and the machinery is preceded by a well-lighted pilot vehicle or flagman at least three hundred (300) feet in advance of the vehicle to give warning of the approach of the equipment and followed by a well-lighted pilot vehicle or flagman at least three hundred (300) feet behind the vehicle to give warning of the presence of the equipment on the highway. History: [49-1012, added 1988, ch. 265, sec. 283, p. 723.]
49-1013
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1013. Penalties for violations. (1) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter, except that violations of law as specified in paragraphs (a), (b) and (c) of subsection (3) of this section shall constitute an infraction. (2) Persons convicted of violations of the provisions of sections 49-434A , 49-1003 and 49-1006 through 49-1012 , Idaho Code, shall be subject to punishment by a fine of not to exceed three hundred dollars (5.00) and shall constitute an infraction. (b) One thousand one (1,001) pounds through two thousand (2,000) pounds overweight shall be fifteen dollars (25.00) and shall constitute an infraction. (d) Four thousand one (4,001) pounds through fifteen thousand (15,000) pounds overweight shall be twenty-five dollars (.1341 per pound for each additional pound over four thousand (4,000) pounds overweight. (e) Fifteen thousand one (15,001) pounds through twenty thousand (20,000) pounds overweight shall be one thousand five hundred dollars (.20) per pound for each additional pound over fifteen thousand (15,000) pounds overweight. (f) Twenty thousand one (20,001) pounds and greater shall be two thousand five hundred dollars (.30) per pound for each additional pound over twenty thousand (20,000) pounds overweight. (g) In addition to the penalties specified in this subsection, one hundred fifty dollars (10.00) for each additional misdemeanor conviction or five dollars ($5.00) for each additional infraction for violations of section 49-1001 , 49-1002 or 49-1004 , Idaho Code, committed at the same time. (5) All moneys collected as a result of the penalties prescribed in subsections (3) and (4) of this section,
49-1014
TITLE 49 MOTOR VEHICLES CHAPTER 10 WEIGHT, SPEED AND TIRE REGULATIONS 49-1014. indemnity agreement in motor carrier transportation contracts void. As used in this section: (1) Motor carrier transportation contract means a contract, agreement or understanding covering: (a) The transportation of property for compensation or hire by the motor carrier; (b) Entrance on property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or (c) A service incidental to activity described in this subsection including, but not limited to, storage of property. (2) Promisee means the promisee and any agents, employees, servants or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with the promisee and such motor carrier’s agents, employees, servants or independent contractors directly responsible to such motor carrier. (3) Notwithstanding any other provision of law to the contrary, a provision, clause, covenant or agreement contained in, collateral to or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable. History: [49-1014, added 2013, ch. 84, sec. 1, p. 206.]