An Act Concerning Independent Contractors in the Trucking and Messenger Courier Industries
Maine Legislature, Session 125, LD 1099
Committee Amendment CA_A_S102 (Senate)
Amends: 39-A MRSA §114

COMMITTEE AMENDMENT" A." to S.P. 332, L.D. 1099, Bill, "An Act 
Concerning Independent Contractors in the Trucking and Messenger Courier Industries" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'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 en~ 
in the business of freight transportation or courier 
and messenger services is considered i.!n employee unless all of subsection 2 applies or 
the operator is able to provide proof of coverage by a valid workers' compensation 
insurance policy; in either of whifJL~.ase~e o'p'-erator is considered an independent 
contractor. For purposes of this section~ "motor vehicle" means a van, truck or truck 
tractor used for freight transportati.9.!LQL£Q!!rier and messenger services, 
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 vehic.ly orJlolqs itynder a bona fide lease agreement; 
B. Is responsible for the maintenance ofthe motor vehicle; 
C. Is responsible for s}lbstantially all of the pringlli!loperating expenses of the motor 
vehicle, includinz.. without limitation fue.~.Pillrs, supplies and insurance. 
The 
operator may be reimj)_ursed, ipcluili.rrg-PLospectiveIY.1..for the operator's fuel surcharge 
fees and incidental cos~hjncludi!:l£-tQ!lh..p_~nnits and Jreight handling fees, by the 
entity contracting with the -illl_~n!:tQl'~ 
D. Is responsible for payiIUUbs operJ!tor'~."personal expenses; 
E. Is responsible for SU-PP1Y1Jlgthcl1c_~~Sar~L~eryjs:~~J~Loperate the motor vehicle; 
Page t - 12SLR1409(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " to S.P. 332, I.D. 1099 
F. Is compensated bas~5lJ2-n fn~Wrs diregfly related to the work performed, such as 
mileage-based rates, and not soI~'y-.9B. the amount of time expended by the operator; 
G. Substantially controls the m.~,11}S and manlfet: of performing the services related to 
the business of fr~ight transportation or courier and messenger services in 
conformance with the ~gifications of a shipper and the law; and 
H. Possesses a certification statement affirming that the operator whose services are 
being acquired meets each of the factorsi!:LQaragraphs A to G and that the operator is 
understood to be an independent contractor and not an employee. The statement 
must be signed and dated by the operator supplying the service and the hiring entity. 
The statement must be supplied on demand to an insurance premium auditor or the 
board. 
3. Repeal. This section is rcpealed October 1, 2013.' 
SUMMARY 
This amendment strikes the bill and allows a person engaged in freight transportation 
or courier and messenger services to be considered an independent contractor either by 
meeting all of the factors for determining independent contractor status described in the 
bill or by being able to provide proof of coverage under a workers' compensation policy. 
This amendment changes one of the factors to require that there be a statement signed by 
both the person providing the services and the hiring entity that the person meets all of 
the requirements for being an independent contractor and is considered an independent 
contractor. 
Finally, this amendment provides for the repeal of these provisions on 
October 1,2013. 
COMMITTEE AMENDMENT