44-765. Motor vehicle lease agreements; definitions; determination of employment relationship. - Kansas Statutes

44-765

Chapter 44.--LABOR AND INDUSTRIES Article 7.--EMPLOYMENT SECURITY LAW

      44-765.   Motor vehicle lease agreements; definitions;determination of employment relationship.(a) As used in this section:

      (1)   "Driver" means an individual who operates a motor vehicle which is leasedto a licensed motor carrier pursuant to a lease agreement.

      (2)   "Lease agreement" means a written contract by which an owner grants theuse of one or more motor vehicles and agrees to furnish a driver for each suchmotor vehicle.

      (3)   "Licensed motor carrier" means any person that holds a certificate ofconvenience and necessity, a certificate of public service, private carrierpermit or an interstate license as an interstate exempt carrier from the statecorporation commission, or is required to register motor carrier equipmentpursuant to 49 U.S.C. § 14504a.

      (4)   "Motor vehicle" means any automobile, truck-trailer, semitrailer, tractoror any other self-propelled or motor driven vehicle used upon any of the publichighways of Kansas for the purpose of transporting property.

      (5)   "Owner" means a person to whom title to a motor vehicle has been issued.

      (6)   "Owner-operator" means any owner which leases one or more motor vehiclesto a licensed motor carrier pursuant to a lease agreement.

      (7)   "Person" means any individual, partnership, corporation, limitedliability company or any other business entity.

      (b)   For purposes of the employment security law, it is hereby declared tobe the policy of this state that, consistent with requirements of 49 C.F.R.§376.12(c)(1), an independent contractor relationship between anowner-operator and a licensed motor carrier may exist when the licensed motorcarrier complies with the applicable statutory and regulatory requirementsgoverning a licensed motor carrier's use of leased vehicles in thetransportation of property. To that end, in determining whether an employmentrelationship exists between a licensed motor carrier and a driver, the factthat the licensed motor carrier, pursuant to a lease agreement, requires thedriver to comply with applicable provisions of the regulations of the statecorporation commission, federal motor carrier safety administration or otherfederal agency having jurisdiction of motor carriers shall not be considered asthe licensed motor carrier's exercise of control over the driver.

      History:   L. 2006, ch. 118, § 1;L. 2008, ch. 45, § 1; Apr. 10.