Maryland § 9-218

§ 9-218.

    (a)    (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)    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)    (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)    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.