North Dakota § 39-34-03.1 Transportation network company driver - Independent contractor

North Dakota Statutes

§ 39-34-03.1 — Transportation network company driver - Independent contractor

North Dakota § 39-34-03.1

Title 39Motor Vehicles

Ch. 39-34Transportation Company Networks

This text of North Dakota § 39-34-03.1 (Transportation network company driver - Independent contractor) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 39-34-03.1 (2026).

Text

1. As used in this section: a. "Transportation network company" means a person that:

(1)Maintains a digital network to facilitate services by transportation network company drivers to a person seeking those services; and

(2)Accepts requests from the public only through the organization's digital network and not by telephone, facsimile, or in person at a retail location. b. "Transportation network company driver" does not include a person transporting freight, sealed or closed envelopes, boxes, parcels, or other similar sealed or closed containers for compensation. The term means a person that:

(1)Enters a written agreement with a transportation network company to use the transportation network company's digital network to connect with an individual seeking services offered by the trans

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1. As used in this section:
a. "Transportation network company" means a person that:
(1) Maintains a digital network to facilitate services by transportation network
company drivers to a person seeking those services; and
(2) Accepts requests from the public only through the organization's digital
network and not by telephone, facsimile, or in person at a retail location.
b. "Transportation network company driver" does not include a person transporting
freight, sealed or closed envelopes, boxes, parcels, or other similar sealed or
closed containers for compensation. The term means a person that:
(1) Enters a written agreement with a transportation network company to use
the transportation network company's digital network to connect with an

individual seeking services offered by the transportation network company
driver;
(2) Performs services for a person through a transportation network company's
digital network in exchange for compensation or payment; and
(3) Does not perform services at a physical business location operated by the
transportation network company in the state.
2. A transportation network company driver is an independent contractor and not an
employee of a transportation network company if the transportation network company:
a. Enters an agreement with the transportation network company driver that the
transportation network company driver is an independent contractor and not an
employee of the transportation network company.
b. Does not unilaterally prescribe specific hours during which the transportation
network company driver must be available to accept service requests submitted
through the transportation network company's digital network.
c. Does not prohibit the transportation network company driver from engaging in
outside employment or performing services through other transportation network
companies except while the transportation network company driver is engaged in
performing services through the transportation network company's digital
network.
d. May not terminate the contract of the transportation network company driver for a
driver's refusal to accept a specific transportation service or delivery service
request.
e. Does not prohibit the transportation network company driver from using a vehicle
with an internal combustion engine.