South Dakota § 62-1-11 Requirements for owner

South Dakota Statutes

§ 62-1-11 — Requirements for owner

South Dakota § 62-1-11

Title 62WORKERS' COMPENSATION

Ch. 62-1DEFINITIONS AND GENERAL PROVISIONS

This text of South Dakota § 62-1-11 (Requirements for owner) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 62-1-11 (2026).

Text

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 t

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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.