(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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