An Act Concerning Independent Contractors in the Trucking and Messenger Courier Industries
Maine Legislature, Session 125, LD 1099
Committee: Labor, Commerce, Research and Economic Development
Sponsors: THOMAS, ROSEN, COLLINS, PLOWMAN, SNOWE-MELLO, THIBODEAU, CEBRA, CURTIS, CUSHING, PARRY
Amends: 39-A MRSA §114

Legislative Document 
No. 1099 
S.P. 332 
In Senate, March 15, 2011 
An Act Concerning Independent Contractors in the Trucking and 
Messenger Courier Industries 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator THOMAS of Somerset. 
Cosponsored by Representative ROSEN of Bucksport and 
Senators: COLLINS of York, PLOWMAN of Penobscot, SNOWE-MELLO of Androscoggin, 
THIBODEAU of Waldo, Representatives: CEBRA of Naples, CURTIS of Madison, 
CUSHING of Hampden, PARRY of Arundel. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  39-A MRSA §114 is enacted to read: 
§114.  Independent contractor status for truckers and couriers 
1.  Presumption of employee status.  Notwithstanding section 102, subsection 13, 
the operator of a motor vehicle engaged in the business of freight transportation or courier 
and messenger services is considered an employee unless all of subsection 2 applies, in 
which case the operator is considered an independent contractor.  For purposes of this 
section, "motor vehicle" includes an automobile, van, truck and truck-tractor. 
2.  Factors to determine independent contractor status.  An operator of a motor 
vehicle is considered an independent contractor in the business of freight transportation or 
courier and messenger services if the operator: 
A.  Owns the motor vehicle or holds it under a bona fide lease agreement; 
B.  Is responsible for the maintenance of the motor vehicle; 
C.  Is responsible for substantially all of the principal operating expenses of the motor 
vehicle, including without limitation fuel, repairs, supplies and insurance.  The 
operator may be reimbursed, including prospectively, for the operator's fuel surcharge 
fees and incidental costs, including tolls, permits and freight handling fees, by the 
entity contracting with the operator; 
D.  Is responsible for paying the operator's personal expenses; 
E.  Is responsible for supplying the necessary services to operate the motor vehicle; 
F.  Is compensated based on factors directly related to the work performed, such as 
mileage-based rates, and not solely on the amount of time expended by the operator; 
G.  Substantially controls the means and manner of performing the services related to 
the business of freight transportation or courier and messenger services in 
conformance with the specifications of a shipper and the law; and 
H.  Enters into a written contract with a shipper specifying that the operator is an 
independent contractor and not an employee of the shipper. 
SUMMARY 
This bill establishes a set of factors to determine whether an individual engaged in the 
business of freight transportation or courier and messenger services is an employee or an 
independent contractor for purposes of the workers' compensation laws.