§ 9-218
291 words·~1 min read·
/md/labor-and-employment/9-218·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–218.
(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.
(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.