§ 8-70-140.5 — Employment does not include - drivers of taxis or limousines

Colorado § 8-70-140.5

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Definitions - General Provisions

Text

(1) Employment does not include services performed by an individual who is
working as a driver under a lease or contract with a taxi or limousine motor common
carrier that holds a certificate pursuant to article 10.1 of title 40, C.R.S. Any such
lease or contract may contain the following provisions:

(a) That the driver may either lease or contract for a motor vehicle owned by
such carrier or may own the motor vehicle driven and lease it to the carrier, which
may then re-lease such motor vehicle to the driver;

(b) That the driver shall be instructed in the method of the carrier's
operation, that the driver is familiar with federal, state, and municipal statutes,
ordinances, and regulations, and that the carrier shall enforce compliance by the
driver with such federal, state, and municipal statutes, ordinances, and regulations;

(c) That certain enumerated transportation services shall be accomplished
personally by the driver;

(d) That certain characteristics on the body of the vehicle being used,
including color and requirements for any written displays, are required for the sake
of uniformity;

(e) That certain periodic driver safety training is required;

(f) That the common carrier has certain control over any assistant working
with the driver for purposes of enforcement of and compliance with federal, state,
and municipal statutes, ordinances, and regulations;

(g) That a specific number of hours is allotted in the form of shifts in which
the driver shall complete a particular shipment of goods for the purpose of meeting
the transportation equipment needs of drivers and the transportation needs of the
public;

(h) That certain procedures for radio telecommunication between drivers and
the carrier are mandated;

(i) That the driver shall work only for the carrier with whom such driver has
contracted while such driver is operating the motor vehicle;

(j) That the driver is prohibited from advertising any services offered while
driving for the carrier;

(k) That the carrier shall pay the driver's fees when the carrier accepts
charge vouchers from the driver for services rendered to customers by such driver;

(l) That such lease or contract may be terminated by any party to such lease
or contract; except that the driver may be required to complete an accepted trip;
and

(m) That no length be specified for the term of such lease or contract.

(2) Leases or contracts containing the provisions specified in paragraphs (a),
(b), (e), (f), (g), (h), and (i) of subsection (1) of this section shall be prima facie
evidence that an independent contractor relationship exists between the parties to
such lease or contract. This presumption may be overcome by clear and convincing
evidence of an employment relationship between the parties to such lease or
contract considering only factors not in the lease. Leases or contracts containing
other optional provisions specified in subsection (1) of this section shall not change
the characterization of the relationship between the driver and the carrier pursuant
to such lease or contract.

Legislative History

Source: L. 92: Entire section added, p. 1798, � 3, effective June 6. L. 2011: IP(1) amended, (HB 11-1198), ch. 127, p. 416, � 5, effective August 10.