When a State agency contracts with private parties for services involving the operation of CMVs, is the State agency or contractor considered the employer?
§383.5 - Definitions
Guidance Q&A
Question 2: When a State agency contracts with private parties for services involving the operation of CMVs, is the State agency or contractor considered the employer?
Guidance: For the purposes of part 383, if the contractor employs individuals and assigns and monitors their driving tasks, the contractor is considered the employer. If the State agency assigns and monitors driving tasks, then the State agency is the employer.