A driver who is authorized to log in to a transportation network company's digital network is considered an independent contractor for all purposes, and not an employee of the company in any manner, if:
(1) the company does not:
(A) prescribe the specific hours during which the driver is required to be logged in to the company's digital network;
(B) impose restrictions on the driver's ability to use other transportation network companies' digital networks;
(C) limit the territory within which the driver may provide digitally prearranged rides; or
(D) restrict the driver from engaging in another occupation or business; and
(2) the company and the driver agree in writing that the driver is an independent contractor.