62-1-11. Requirements for owner-operator of vehicle for certification as independent contractor.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 rs 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. Source: SL 1995, ch 296, §2.
South Dakota Legal Code