May a Motor Carrier that employs Owner-Operators who have had their own operating authority transfer the responsibility for compliance with FMCSRs to the Owner-Operator?
No. The term employee as defined in 390.5 specifically includes an independent contractor employed by a Motor Carrier. The existence of operating authority has no bearing on this issue. The Motor Carrier is, therefore, responsible for compliance with the FMCSRs by its driver employees, including those who are owner-operators. (FMCSR 390.
Related Questions
- May a Motor Carrier that employs Owner-Operators who have had their own operating authority transfer the responsibility for compliance with FMCSRs to the Owner-Operator?
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