62-1-11 Requirements for owner-operator of vehicle for certification as independent contractor.
Requirements for owner-operator of vehicle for certification as independent
To receive certification as indicated in § 62-1-10, the owner-operator and the carrier shall
provide written documentation that the following are substantially present:
The owner-operator is responsible for the maintenance of the vehicle;
The owner-operator is responsible for the vehicle's operating costs, including fuel, repairs,
supplies, collision insurance, and personal expenses for the operator while on the road;
The owner-operator is responsible for supplying the necessary personnel to operate the
vehicle, the personnel are considered the owner-operator's employees, and the
owner-operator is responsible for providing proof of workers' compensation insurance for
The owner-operator's compensation is based on factors related to the work performed,
including a percentage of any schedule of rates or lawfully published tariffs, and not on
the basis of the hours or time expended;
The owner-operator determines the details and means of performing the services, in
conformance with regulatory requirements, operating procedures of the commercial
carrier, and specifications of the shipper; and
The owner-operator enters into a written contract which specifies the relationship to be
that of an independent contractor and not that of an employee.
SL 1995, ch 296, § 2.