(a) Notwithstanding any provision of law to the contrary, a transportation network company driver is an independent contractor and not the employee of the transportation network company if:
(1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company's website, digital platform, or software application;
(2) The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize a website, digital network, or software application of other transportation network companies;
(3) The transportation network company does not assign a transportation network company driver a particular territory in which transportation network company services may be provided;
(4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and
(5) The transportation network company and transportation network company driver agree in writing that the transportation network company driver is an independent contractor of the transportation network company.
(b) A transportation network company that complies with subsection (a) of this section is not required to provide workers' compensation coverage for a transportation network company driver that is classified as an independent contractor under this section.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Subchapter 7 - Transportation Network Company Services Act
§ 23-13-703. Commercial vehicle registration not required
§ 23-13-704. Transportation network company permit required
§ 23-13-705. Agent for service of process
§ 23-13-706. Fare charged for transportation network company services
§ 23-13-707. Identification of transportation network company drivers and motor vehicles
§ 23-13-708. Electronic receipt
§ 23-13-709. Insurance requirements
§ 23-13-710. Insurer disclosure requirements
§ 23-13-711. Exclusions — Claim investigations
§ 23-13-712. Drug or alcohol use prohibited
§ 23-13-713. Driver requirements
§ 23-13-714. Compliance with motor vehicle safety and emissions requirements
§ 23-13-715. Street hails prohibited
§ 23-13-716. Cash trips prohibited
§ 23-13-717. Nondiscrimination — Accessibility
§ 23-13-718. Records — Inspection