May a motor carrier employing owner-operators with their own operating authority transfer the responsibility for compliance to the owner-operators?
Guidance: No. The term “employee”, as defined in the Federal Motor Carrier Safety Regulations 390.5, specifically includes an independent contractor employed by a motor carrier. The existence of operating authority has no bearing upon the issue. The motor carrier is, therefore, responsible for compliance with the regulations by its driver employees, including those who are owner-operators.
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