# Ind. Code § 22-4-8-3.6: Services not included; certain drive away operations

> Indiana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-3.6

## Section

- **Citation:** Ind. Code § 22-4-8-3.6
- **Heading:** Services not included; certain drive away operations
- **Jurisdiction:** Indiana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Code / Title 22 / Article 4 / Chapter 8 / Section 22-4-8-3.6

## Text

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.

## Nearby sections

- [Ind. Code § 22-4-8-1 Definition](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-1.md)
- [Ind. Code § 22-4-8-2 Services included](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-2.md)
- [Ind. Code § 22-4-8-3 Services not included; determination of status](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-3.md)
- [Ind. Code § 22-4-8-3.5 Services not included; owner-operator of motor vehicle](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-3.5.md)
- [Ind. Code § 22-4-8-3.6 Services not included; certain drive away operations](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-3.6.md)
- [Ind. Code § 22-4-8-4 "Seasonal employment"; "seasonal worker"](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-4.md)
- [Ind. Code § 22-4-8-5 Considerations for determining employment status](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-5.md)
- [Ind. Code § 22-4-8-6 Considerations for determining if services constitute employment](https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-6.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T22_A4_C8_S22-4-8-3.6. Check the current official text before relying on it. Not legal advice.