{"data":{"id":"us-sd/sdcl-62-1-11","jurisdiction":"us-sd","citation":"SDCL § 62-1-11","heading":"Requirements for owner-operator of vehicle for certification as independent contractor.","body":"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:\n(1) The owner-operator is responsible for the maintenance of the vehicle;\n(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;\n(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;\n(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;\n(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\n(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.","path":["TITLE 62. WORKERS' COMPENSATION","CHAPTER 62-1. DEFINITIONS AND GENERAL PROVISIONS"],"source_url":"https://sdlegislature.gov/Statutes/62-1-11","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"aaebb3dfbafe403e5d835e6ec41c99f14e67ac5c9629734035a00503bc8015ac","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-62-1-10","next":"us-sd/sdcl-62-1-12"},"notice":"GroundRules: Original legal text. Not legal advice."}