(1) Leases between
motor carriers or contract carriers and independent contractors may contain, but
need not be limited to, the following provisions:
(a) (I) The independent contractor, working with a certificated taxi or
limousine carrier, may either lease a motor vehicle owned by the certificated carrier
or may own the motor vehicle and lease it to the certificated carrier, who may
release the vehicle to the independent contractor.
(II) The independent contractor, working with a certificated common carrier
or contract carrier, other than a certificated taxi or limousine carrier, may own the
motor vehicle and lease it to the certificated carrier.
(b) The lease may require the independent contractor to be instructed in the
method of the carrier's operation, and to be familiar with federal, state, and
municipal statutes, ordinances, and regulations. The lease may further require the
certificated carrier or contract carrier to enforce compliance with such federal,
state, and municipal statutes, ordinances, and regulations by the independent
contractor. Compliance with the provisions of this paragraph (b) shall not affect the
status of the independent contractor as an independent contractor for purposes of
this article.
(c) The lease may provide for the transportation services to be accomplished
personally by the independent contractor.
(d) The lease may provide for uniformity, on the body of the motor vehicle
being used, of color and any written displays.
(e) The lease may provide for periodic driver safety training.
(f) The lease may provide for some control over any assistant working with
the independent contractor relating to the enforcement of, and compliance with,
federal, state, and municipal statutes, ordinances, and regulations.
(g) The lease may establish a specific number of hours to complete a
particular shipment of goods and may provide for the creation of shifts which are
primarily created to make available transportation equipment on a basis
established to meet public need and necessity, and to provide adequate service to
the public at all times.
(h) The lease may provide for certain regulations in the event radio
telecommunication procedures are used between the certificated carrier or
contract carrier and the driver of the vehicle.
(i) The lease may provide that the independent contractor only work for the
certificated carrier or contract carrier as a driver during the time the independent
contractor is operating the motor vehicle pursuant to the lease.
(j) The lease may prohibit the independent contractor from individually
advertising the services being offered while driving for the certificated carrier or
contract carrier pursuant to the terms of the lease.
(k) The lease may provide for the carrier to pay the independent contractor's
fees when the carrier accepts charge vouchers for services rendered to customers.
(2) The lease may be terminated by any party, but nothing in this section
shall be construed as relieving an independent contractor from the obligation of
completing an accepted trip.
(3) The lease need not be for a term certain.
(4) Leases containing provisions pursuant to paragraphs (a), (b), (e), (f), (g),
(h), and (i) of subsection (1) of this section shall be presumed prima facie evidence of
an independent contractor relationship between the parties to the lease. This
presumption may be overcome by clear and convincing evidence of an employment
relationship between the parties to the lease considering only factors not in the
lease. Leases containing the other optional provisions shall not change the
characterization of the relationship evidenced by the lease.
(5) (a) Any lease or contract executed pursuant to this section must provide
for coverage under workers' compensation or an occupational accident insurance
policy that provides similar coverage.
(a.5) If an operator of a commercial vehicle obtains similar coverage
pursuant to this subsection (5), then the operator:
(I) Is excluded from the definition of employee for purposes of section 8-40-202 (2);
(II) Shall notify the division of workers' compensation in the department of
labor and employment of the election, in a manner determined by the director of the
division of workers' compensation by rule; and
(III) Shall, along with the motor carrier and contract carrier, provide proof of
the similar coverage upon request to interested parties, including the carrier's
workers' compensation insurance provider, the division of workers' compensation,
and the division of insurance.
(b) As used in this subsection (5), similar coverage means:
(I) Insurance benefits designed for independent contractors and sole
proprietors who reject workers' compensation coverage and elect, pursuant to this
subsection (5), coverage providing medical, temporary and permanent disability,
death and dismemberment, and survivor benefits that are subject to regulation by
the division of insurance in the department of regulatory agencies. The
specifications of the insurance, including coverages, exclusions, policy limits, and
the amount, if any, of any deductibles or copayments, must be filed with the division
of insurance. The specifications must meet or exceed standards set by the division
of insurance and the standards must specify that the benefits offered by the
insurance coverage must be at least comparable to the benefits offered under the
workers' compensation system.
(II) For services performed by operators of commercial vehicles, an
occupational accident insurance policy that provides a minimum aggregate policy
limit of one million five hundred thousand dollars for all benefits paid for the benefit
of the operator, including medical, temporary and permanent disability, death and
dismemberment, and survivor benefits.
(c) The lease shall provide for the payment of such coverage by either the
lessor or lessee. If the lease provides for the lessee to pay for such coverage, proof
of coverage shall be maintained by the lessor for the duration of the lease and the
lessor shall not have liability for failure of compliance by the lessee.
(d) Notwithstanding any other law, if an operator of a commercial vehicle, a
motor carrier, or a contract carrier obtains similar coverage pursuant to this
subsection (5), articles 40 to 47 of title 8 do not apply.
(e) Repealed.
(6) (a) As used in this section:
(I) Commercial vehicle has the same meaning as set forth in section 42-4-235 (1)(a)(I)(B).
(II) Operator means the operator of a commercial vehicle:
(A) Who owns, is purchasing, or is leasing the commercial vehicle from any
person other than the motor carrier; and
(B) Is the sole proprietor, owner, or partner of an applicable entity; a
shareholder of a corporation where there are no more than two shareholders of the
corporation; or a member of the applicable entity.
(b) For the purposes of subsection (6)(a)(II) of this section, the ownership,
purchase, or leasing of a commercial vehicle by an applicable entity is deemed
ownership, purchase, or leasing of the commercial vehicle by the sole proprietor,
owner, or partner of an applicable entity; a shareholder of a corporation where
there are no more than two shareholders of the corporation; or a member of the
applicable entity.