Services not included; certain drive away operations

Sec. 3.6. (a) As used in this section, "drive away" has the meaning set forth in IC 9-20-9-1.

(b) Except as provided in subsection (c), as used in this article, "employment" includes service performed by a driver who provides drive away operations when the services are being performed by an individual who is in the employ of a state or local government entity or federally recognized Indian tribe as defined in Section 3306(c)(7) of the Federal Unemployment Tax Act (26 U.S.C. 3306(c)(7)) or a nonprofit organization as defined in Section 3306(c)(8) of the Federal Unemployment Tax Act (26 U.S.C. 3306(c)(8)).

(c) As used in this article, "employment" does not include service performed by a driver who provides drive away operations when:

(1) the vehicle being driven is the commodity being delivered; and

(2) the driver has entered into an agreement with the party arranging for the transportation that specifies the driver is an independent contractor and not an employee.

As added by P.L.63-2019, SEC.2.