Substitute House Bill No. 6907
Public Act No. 17-181
AN ACT CONCERNING THE INTERSTATE PASSENGER CARRIER LAW.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subparagraph (P) of subdivision (5) of subsection (a) of section 31-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(P) Service performed by the operator of a motor vehicle transporting property or capable of carrying eight passengers or more, including the driver, for compensation pursuant to an agreement with a contracting party, provided the following conditions are met:
(i) The motor vehicle has a gross vehicle weight rating in excess of ten thousand pounds or six thousand pounds for passenger transport;
(ii) The operator owns such motor vehicle or holds it under a bona fide lease arrangement, provided any lease arrangement, loan or loan guarantee is commercially reasonable and is not with the contracting party or any related entity. For purposes of this subparagraph, a lease arrangement, loan or loan guarantee shall be commercially reasonable if it is on terms equal to terms available in a trucking equipment purchase or lease in customary and usual retail transactions generally available in the state;
(iii) The operator's compensation is based on factors, which may include, but not be limited to, mileage-based rates, a percentage of any schedule of rates or by the hours or time expended in relation to actual performance of the service contracted for or an agreed upon flat fee;
(iv) The operator may refuse to work without consequence and may accept work from multiple contracting entities in compliance with statutory and regulatory limitations without consequence. The service performed by the operator shall satisfy the requirements of subparagraph (B)(ii) of subdivision (1) of subsection (a) of this section, except that the administrator shall not find that the operator is an employee of the contracting party solely because such operator chooses to perform services only for such contracting party; and
(v) The provisions of this subparagraph shall not affect the applicability of any provision of chapter 229.
Approved July 10, 2017