(1) "Employment" does not include services performed by an individual who is working as a driver under a lease or contract with a taxi or limousine motor common carrier that holds a certificate pursuant to article 10.1 of title 40, C.R.S. Any such lease or contract may contain the following provisions:
That the driver may either lease or contract for a motor vehicle owned by such carrieror may own the motor vehicle driven and lease it to the carrier, which may then re-lease such motor vehicle to the driver;
That the driver shall be instructed in the method of the carrier's operation, that thedriver is familiar with federal, state, and municipal statutes, ordinances, and regulations, and that the carrier shall enforce compliance by the driver with such federal, state, and municipal statutes, ordinances, and regulations;
That certain enumerated transportation services shall be accomplished personally bythe driver;
That certain characteristics on the body of the vehicle being used, including colorand requirements for any written displays, are required for the sake of uniformity;
That certain periodic driver safety training is required;
That the common carrier has certain control over any assistant working with the driver for purposes of enforcement of and compliance with federal, state, and municipal statutes, ordinances, and regulations;
That a specific number of hours is allotted in the form of shifts in which the drivershall complete a particular shipment of goods for the purpose of meeting the transportation equipment needs of drivers and the transportation needs of the public;
That certain procedures for radio telecommunication between drivers and the carrierare mandated;
That the driver shall work only for the carrier with whom such driver has contractedwhile such driver is operating the motor vehicle;
That the driver is prohibited from advertising any services offered while driving forthe carrier;
That the carrier shall pay the driver's fees when the carrier accepts charge vouchersfrom the driver for services rendered to customers by such driver;
That such lease or contract may be terminated by any party to such lease or contract;except that the driver may be required to complete an accepted trip; and
That no length be specified for the term of such lease or contract.
(2) Leases or contracts containing the provisions specified in paragraphs (a), (b), (e), (f), (g), (h), and (i) of subsection (1) of this section shall be prima facie evidence that an independent contractor relationship exists between the parties to such lease or contract. This presumption may be overcome by clear and convincing evidence of an employment relationship between the parties to such lease or contract considering only factors not in the lease. Leases or contracts containing other optional provisions specified in subsection (1) of this section shall not change the characterization of the relationship between the driver and the carrier pursuant to such lease or contract.
Source: L. 92: Entire section added, p. 1798, § 3, effective June 6. L. 2011: IP(1) amended, (HB 11-1198), ch. 127, p. 416, § 5, effective August 10.