Ala. Admin. Code r. 760-X-2-.06 - Relationship To Permittees, Immunity, Waiver, And Indemnification

ALEA arresting officers assigned to conduct Superload law enforcement escort(s) shall remain law enforcement officers and employees of ALEA at all times and shall be subject to all rules, regulations, policies, and procedures incumbent upon an ALEA sworn officer. ALEA and the permittee are separate entities. Nothing in these rules is intended to establish an agency or employment relationship between ALEA and the permittee, an ALEA arresting officer and the permittee, or an ALEA arresting officer and any other entity. By providing Superload law enforcement escort(s), neither ALEA nor any ALEA arresting officer shall waive, expressly or impliedly, the right to assert sovereign immunity, State-agent immunity, or any other affirmative defense or protection available under law.

Submitting the ALEA Superload law enforcement escort application shall constitute the permittee's express agreement to defend, indemnify, and hold harmless the State of Alabama, ALEA, its officials, employees, and arresting officers from and against any claim or threatened claim, including payment of reasonable attorneys' fees and costs incurred, as made by any other person against ALEA, its officials, employees, and arresting officers based on, in connection to, or arising out of any requested Superload law enforcement escort(s). Submitting the ALEA Superload law enforcement escort application further constitutes the permittee's waiver of all claims in favor of the permittee and against the State of Alabama, ALEA, its officials, employees, and arresting officers that may arise in connection with, or out of, providing a requested Superload law enforcement escort(s).

Notes

Ala. Admin. Code r. 760-X-2-.06

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 08, May 31, 2019, eff. 6/23/2019. Amended by Alabama Administrative Monthly Volume XLI, Issue No. 04, January 31, 2023, eff. 3/17/2023.

Authors: Meridith H. Barnes, Laura Mest, Jean Brown, Colonel James Helms

Statutory Authority: Code of Ala. 1975, §§ 32-2-5, 32-2-9, 32-9-3.