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ROBERT L. EHRLICH, JR., Governor Ch. 506
1. A CLASS F (TRACTOR) VEHICLE, DESCRIBED IN § 13-923 OF
THE TRANSPORTATION ARTICLE; OR
2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, 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.
(II) THIS SUBSECTION DOES NOT APPLY TO AN INDIVIDUAL WHO IS
AN OWNER OPERATOR OF A VEHICLE REGISTERED AS A CLASS T (TOW TRUCK)
VEHICLE UNDER § 13-920 OF THE TRANSPORTATION ARTICLE.
(2) WORK IS NOT COVERED EMPLOYMENT WHEN PERFORMED BY AN
OWNER OPERATOR IF THE SECRETARY IS SATISFIED THAT:
(I) THE OWNER OPERATOR AND A MOTOR CARRIER HAVE
ENTERED INTO A WRITTEN AGREEMENT THAT IS CURRENTLY IN EFFECT FOR
PERMANENT OR TRIP LEASING;
(II) UNDER THE AGREEMENT:
1. THERE IS NO INTENT TO CREATE AN
EMPLOYER-EMPLOYEE RELATIONSHIP; AND
2. THE OWNER OPERATOR IS PAID RENTAL COMPENSATION;
AND
(III) FOR FEDERAL TAX PURPOSES, THE OWNER OPERATOR
QUALIFIES AS AN INDEPENDENT CONTRACTOR; AND
(IV) THE OWNER OPERATOR:
1. OWNS THE VEHICLE OR HOLDS IT UNDER A BONA FIDE
LEASE ARRANGEMENT;
2. IS RESPONSIBLE FOR THE MAINTENANCE OF THE
VEHICLE;
3. BEARS THE PRINCIPAL BURDEN OF THE OPERATING
COSTS OF THE VEHICLE, INCLUDING FUEL, REPAIRS, SUPPLIES, VEHICLE
INSURANCE, AND PERSONAL EXPENSES WHILE THE VEHICLE IS ON THE ROAD;
4. IS RESPONSIBLE FOR SUPPLYING THE NECESSARY
PERSONNEL IN CONNECTION WITH THE OPERATION OF THE VEHICLE; AND
5. GENERALLY DETERMINES THE DETAILS AND MEANS OF
PERFORMING THE SERVICES UNDER THE AGREEMENT, IN CONFORMANCE WITH
REGULATORY REQUIREMENTS, OPERATING PROCEDURES OF THE MOTOR CARRIER
AND SPECIFICATIONS OF THE SHIPPER.
SECTION 2. AND BE IT FURTHER ENACTED, That Section 8-206(f) of the
Labor and Employment Article, as enacted by Section 1 of this Act, shall be applied to
and interpreted to affect all determinations by the Secretary of Labor, Licensing, and
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