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.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 01 - Definitions And General Provisions
Section 62-1-1 - Definition of terms.
Section 62-1-1.1 - Medical practitioner defined.
Section 62-1-1.2 - Determining impairment.
Section 62-1-2 - Employer defined.
Section 62-1-3 - Employee defined.
Section 62-1-4 - Municipal and county officers--Inclusion within definition of employee.
Section 62-1-6 - Conservation officers acting as law enforcement officers.
Section 62-1-8 - Nonprofit corporation complying with title--Executive officer as employee.
Section 62-1-9 - Citation of title.
Section 62-1-10 - Owner-operator of certain vehicles as independent contractor.
Section 62-1-14 - Promulgation of rules.
Section 62-1-15 - Evidence of injury supported by medical findings.
Section 62-1-16 - Employer civilly liable for retaliatory termination of employee--Burden of proof.
Section 62-1-17 - Discrimination in hiring based upon preexisting injury prohibited.
Section 62-1-19 - Independent contractor affidavit of exempt status--Rebuttable presumption.
Section 62-1-20 - Contents of affidavit of exempt status.
Section 62-1-21 - Providing false information on affidavit of exempt status as misdemeanor.
Section 62-1-22 - Acceptance of affidavit of exempt status not required.
Section 62-1-23 - Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.