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2017 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Subchapter 4 - Employer Liability -- Insurance
§ 11-9-412. Motor carrier drivers -- Definitions
Universal Citation: AR Code § 11-9-412 (2017)
- (a) As used in this section:
- (1) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property;
- (2) "Driver" means a person, including but not limited to a member of a team, who operates a commercial motor vehicle;
- (3) "Motor carrier" means a person, partnership, corporation, or limited liability company that provides truck transportation; and
- (4) "Owner-operator" means a person, partnership, corporation, or limited liability company that owns or holds under a bona fide lease a commercial motor vehicle that is provided to a motor carrier.
- (b)
- (1) Notwithstanding any other law, an owner-operator that provides a commercial motor vehicle and the services of one (1) or more drivers to a motor carrier under a written contract, and each driver so provided, is not an employee of the motor carrier but is an independent contractor of the motor carrier.
- (2) The motor carrier shall not be liable for any compensation required by this chapter to the owner-operator, its employees, or subcontractors.
- (3) An owner-operator that is under exclusive contract to the motor carrier may elect to secure coverage for the owner-operator and for one (1) or more drivers of the owner-operator through a workers' compensation insurance policy or authorized self-insurance plan that insures the motor carrier if:
- (A) The election by the owner-operator is made in writing as part of a written contract between the owner-operator and the motor carrier; and
- (B) The owner-operator pays the premiums as requested by the motor carrier.
- (4) An owner-operator's election, whether or not under subdivision (b)(3) of this section, to be covered and to have one (1) or more of its drivers covered under a workers' compensation insurance policy or authorized self-insurance plan shall not terminate or otherwise affect the independent-contractor status of the owner-operator or of any of its drivers.
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