SDCL § 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 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.