South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 62-1-11
- Contract: A legal written agreement that becomes binding when signed.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(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.