2009 Kansas Code
Chapter 44 LABOR AND INDUSTRIES
Article 7 EMPLOYMENT SECURITY LAW
44-765. Motor vehicle lease agreements; definitions; determination of employment relationship.

44-765

Chapter 44.--LABOR AND INDUSTRIES Article 7.--EMPLOYMENT SECURITY LAW

      44-765.   Motor vehicle lease agreements; definitions; determination of employment relationship. (a) As used in this section:

      (1)   "Driver" means an individual who operates a motor vehicle which is leased to a licensed motor carrier pursuant to a lease agreement.

      (2)   "Lease agreement" means a written contract by which an owner grants the use of one or more motor vehicles and agrees to furnish a driver for each such motor vehicle.

      (3)   "Licensed motor carrier" means any person that holds a certificate of convenience and necessity, a certificate of public service, private carrier permit or an interstate license as an interstate exempt carrier from the state corporation commission, or is required to register motor carrier equipment pursuant to 49 U.S.C. § 14504a.

      (4)   "Motor vehicle" means any automobile, truck-trailer, semitrailer, tractor or any other self-propelled or motor driven vehicle used upon any of the public highways of Kansas for the purpose of transporting property.

      (5)   "Owner" means a person to whom title to a motor vehicle has been issued.

      (6)   "Owner-operator" means any owner which leases one or more motor vehicles to a licensed motor carrier pursuant to a lease agreement.

      (7)   "Person" means any individual, partnership, corporation, limited liability company or any other business entity.

      (b)   For purposes of the employment security law, it is hereby declared to be the policy of this state that, consistent with requirements of 49 C.F.R. §376.12(c)(1), an independent contractor relationship between an owner-operator and a licensed motor carrier may exist when the licensed motor carrier complies with the applicable statutory and regulatory requirements governing a licensed motor carrier's use of leased vehicles in the transportation of property. To that end, in determining whether an employment relationship exists between a licensed motor carrier and a driver, the fact that the licensed motor carrier, pursuant to a lease agreement, requires the driver to comply with applicable provisions of the regulations of the state corporation commission, federal motor carrier safety administration or other federal agency having jurisdiction of motor carriers shall not be considered as the licensed motor carrier's exercise of control over the driver.

      History:   L. 2006, ch. 118, § 1; L. 2008, ch. 45, § 1; Apr. 10.