Section 9-218 - Owner operator of Class F (tractor) vehicle. - Maryland Statutes

§ 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. 
 

[An. Code 1957, art. 101, § 21; 1991, ch. 8, § 2; 1995, ch. 390; 1996, ch. 113.]