§ 31-20-110 — Transportation network company and driver exclusions

Wyoming § 31-20-110

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 20: TRANSPORTATION NETWORK COMPANIES

Text

(a) A driver shall be an independent contractor, not
subject to the Wyoming Worker's Compensation Act and not an
employee of a transportation network company if:
(i) The transportation network company does not
unilaterally prescribe the hours during which a driver must be
available to receive requests for prearranged rides;
(ii) The transportation network company imposes no
restrictions on the driver's ability to use digital networks of
other transportation network companies to provide prearranged
rides;
(iii) The transportation network company does not
restrict a driver from engaging in commercial activities
unrelated to providing prearranged rides; and
(iv) The transportation network company and driver
agree in writing that the driver is an independent contractor
with respect to the transportation network company.
(b) A transportation network company shall not be deemed
to control, direct or manage the transportation network company
vehicles or drivers that connect to its digital network, except
when agreed to by written contact. Notwithstanding any other
provision of law a transportation network company or a driver
shall not be deemed a commercial vehicle operator, a common
carrier, a contract carrier, a motor carrier or a motor club.
(c) A transportation network company vehicle is not a
taxicab, limousine, for hire vehicle or any public
transportation conveyance. A driver shall not be required to
register the vehicle the driver uses to provide prearranged
rides as a commercial vehicle or a public transportation
business.
(d) A prearranged ride does not include transportation
provided using taxicab, limousine, for hire vehicle or
commercial vehicle pursuant to this title. A prearranged ride
does not include a shared expense carpool, or any other type of
arrangement or service in which the driver receives a fee that
does not exceed the driver's costs associated with providing the
ride.
(e) Nothing in this chapter limits the ability of a public
airport or its governing body to enter into an operating
agreement with a transportation network company providing access
to that public airport. A public airport with more than ninety
thousand (90,000) annual enplanements in the previous calendar
year, as reported by the federal aviation administration, may
require an operating agreement regarding entry, pick-up and
drop-off with a transportation network company providing access
to that public airport.
(f) Neither a transportation network company nor a driver
shall include services performed:
(i) In the employ of a state, or any political
subdivision of the state, or in the employ of an Indian tribe or
any instrumentality of a state, any political subdivision of a
state or any Indian tribe that is wholly owned by one (1) or
more states or political subdivisions or Indian tribes, provided
that the service is excluded from employment as defined in the
Federal Unemployment Tax Act, 26 U.S.C. §§ 3301 and 3306(c)(7);
(ii) In the employ of a religious, charitable,
educational or other organization that is excluded from
employment as defined in the Federal Unemployment Tax Act,
26 U.S.C. §§ 3301 through 3311, solely by reason of
26 U.S.C. § 3306(c)(8).