Carriers and shippers alike these days continue to be inundated with proposed transportation contracts for shipments of goods which used to be governed by the tariff and/or bill of lading. Since passage of the Interstate Commerce Commission Termination Act ("ICCTA"), which became effective January 1, 1996, the shipment of goods and interstate commerce have increasingly become governed by contracts between the parties. With the exception of safety and fitness requirements, parties to a transportation contract for shipment of goods by motor carrier can adopt or waive any of the provisions of ICCTA. However, this only applies if the parties have actually entered into and executed an agreement which governs their relationship. In a recent pre-ICCTA decision by the Surface Transportation Board ("STB"), the importance of executing such contracts is illustrated in the context of indemnification language.
