288.035. Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception.

Owner and operator leasing motor vehicle with driver to a for-hirecommon or contract carrier not deemed employed for unemploymentcompensation, exception.

288.035. Notwithstanding the provisions of section 288.034, RSMo, inthe case of an individual who is the owner, as defined in subsection 43 ofsection 301.010, RSMo, and operator of a motor vehicle which is leased orcontracted with a driver to a for-hire common or contract motor vehiclecarrier operating within a commercial zone as defined in section 390.020 or390.041, or operating under a certificate issued by the Missouri departmentof transportation or by the United States Department of Transportation orany of its subagencies, such owner/operator shall not be deemed to be anemployee, provided, however, such individual owner and operator shall bedeemed to be in employment if the for-hire common or contract vehiclecarrier is an organization described in Section 501(c)(3) of the InternalRevenue Code or any governmental entity.

(L. 1985 H.B. 157 § 2, A.L. 1988 H.B. 1485, A.L. 2006 H.B. 1456)

Effective 10-01-06

*Transferred 1986; formerly 390.177

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008