2017 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 2 - Covered Employees and Employers
§ 9-218. Owner operator of Class F (tractor) vehicle

  • (a) Applicability. --
    • (1) This section applies to an individual who is an owner operator of:
      • (i) a Class F (tractor) vehicle, as described in § 13-923 of the Transportation Article; or
      • (ii) except as provided in paragraph (2) of this subsection, a Class E (truck) vehicle, as described in § 13-916 of the Transportation Article, including a Class E (truck) vehicle described in § 13-919 of the Transportation Article.
    • (2) This section does not apply to the owner operator of a vehicle registered as a Class T vehicle under § 13-920 of the Transportation Article.
  • (b) Not covered employee under permanent or trip leasing agreement. -- An individual who is an owner operator is not a covered employee if:
    • (1) the individual and motor carrier make a written agreement for permanent or trip leasing;
    • (2) under the agreement:
      • (i) there is no intent to create an employer-employee relationship; and
      • (ii) the individual is paid rental compensation; and
    • (3) for federal tax purposes, the individual qualifies as an independent contractor.
  • (c) Principal contractor; subcontractor. --
    • (1) A motor carrier who enters into an agreement under subsection (b) of this section is considered a principal contractor under § 9-508 of this title.
    • (2) An individual who is an owner operator and enters into an agreement under subsection (b) of this section is:
      • (i) considered a subcontractor under § 9-508 of this title;
      • (ii) for purposes of being a subcontractor, not considered a covered employee of the entity that the individual operator owns; and
      • (iii) not entitled to compensation from a principal contractor under § 9-508 of this title.
  • (d) Proof of insurance. -- An individual who is an owner operator and enters into a written agreement under subsection (b) of this section shall provide proof of insurance for any covered employee of the individual as may be required by this title.
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