Requirements for owner-operator of vehicle for certification as independent contractor

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: (1) The owner - operator is responsible for the maintenance of the vehicle; (2) 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; (3) 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 employees; (4) 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; (5) 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 (6) 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. Source: SL 1995, ch 296, § 2.