There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 62-1-11 — Requirements for owner-operator of vehicle for certification as independentcontractor.
62-1-11. 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.
Source: SL 1995, ch 296, § 2.
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