(a) A person who is self-employed as a commercial motor vehicle driver shall comply with both the requirements of this chapter pertaining to employers and those pertaining to employees.
(b) Notwithstanding subdivision (a), a motor carrier that engages a person who owns, leases, or otherwise operates not more than one motor vehicle listed in Section 34500 to provide transportation services under the direction and control of that motor carrier is responsible for the compliance of that person with this chapter and for purposes of the regulations adopted by the department pursuant to Section 34501 during the period of that direction and control.
(c) For the purposes of subdivision (b), “direction and control” means either of the following:
(1) The person is operating under the motor carrier’s interstate operating authority issued by the United States Department of Transportation.
(2) The person is operating under a subcontract with the motor carrier that requires the person to operate in intrastate commerce and the person has performed transportation services for a minimum of 60 calendar days within the past 90 calendar days for the motor carrier and has been on duty for that carrier for no less than 36 hours within any week in which transportation services were provided.
(d) Subdivision (b) shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any purpose.
(Amended by Stats. 2006, Ch. 538, Sec. 659. Effective January 1, 2007.)
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