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Maryland Code, Labor and Employment § 9-218

Current as of December 31, 2021 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, Labor and Employment § 9-218 - last updated December 31, 2021 | https://codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-9-218/

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