S.D. Codified Laws § 62-1-11
This is the official text of S.D. Codified Laws § 62-1-11, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Requirements for owner-operator of vehicle for certification as independent contractor
Official statutory text
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.
(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.
Status: in_force · Read it on the official government site
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