Drivers shall be independent contractors and not employees of the transportation network company if all of the following conditions are met:
The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company’s digital platform;
The transportation network company imposes no restrictions on the transportation network company driver’s ability to utilize digital platforms from other transportation network companies;
The transportation network company does not assign a transportation network company driver a particular territory in which to operate;
The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and
The transportation network company and transportation network company driver agree in writing that the driver is an independent contractor of the transportation network company.