§ 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.

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