WILLIAM DONALD SCHAEFER, Governor Ch. 621

(8) (I) ANY PERSON WHO IS AN OWNER OPERATOR OF A
MOTOR VEHICLE AND ENTERS INTO A WRITTEN CONTRACT WITH A MOTOR
CARRIER FOR PERMANENT OR TRIP LEASING WHERE THERE EXISTS NO
INTENT UNDER THE CONTRACT TO CREATE THE RELATIONSHIP OF EMPLOYER
AND EMPLOYEE.

(8) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPHS
(II) AND (III) OF THIS PARAGRAPH, ANY PERSON WHO:

1.   IS THE OWNER OPERATOR OF A CLASS F
TRACTOR, AS DEFINED IN THE MARYLAND VEHICLE LAW, UNDER A WRITTEN
AGREEMENT WITH A MOTOR CARRIER FOR PERMANENT OR TRIP LEASING;

2.   IS PAID RENTAL COMPENSATION UNDER THE
WRITTEN AGREEMENT, WHERE THERE EXISTS NO INTENT TO CREATE AN
EMPLOYER-EMPLOYEE RELATIONSHIP; AND------------------------------

3.   QUALIFIES AS AN INDEPENDENT CONTRACTOR
FOR FEDERAL TAX PURPOSES. HOWEVER,

(II) FOR THE PURPOSES OF THIS SUBTITLE, THE
MOTOR CARRIER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE
DEEMED A PRINCIPAL CONTRACTOR AND THE OWNER OPERATOR SHALL BE
DEEMED A SUBCONTRACTOR AND SUBJECT TO SECTION 62 OF THIS ARTICLE.

(II) (III) AN OWNER OPERATOR OF A MOTOR VEHICLE
WHO ENTERS INTO A WRITTEN CONTRACT AS SPECIFIED IN ITEM
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL FURNISH PROOF OF
INSURANCE FOR ANY EMPLOYEE OF THE OWNER OPERATOR AS MAY BE
REQUIRED BY THIS ARTICLE.

62.

(A) THIS SECTION DOES NOT APPLY TO A MOTOR CARRIER WHO
ENTERS INTO A WRITTEN CONTRACT FOR PERMANENT OR TRIP LEASING WITH
ANY PERSON WHO IS AN OWNER OPERATOR OF A MOTOR VEHICLE WHERE

THERE EXISTS NO INTENT UNDER THE CONTRACT TO CREATE THE

RELATIONSHIP OF EMPLOYER AND EMPLOYEE.

(B) (A) When any person as a principal contractor,
undertakes to execute any work which is a part of his trade,
business or occupation which he has contracted to perform and
contracts with any other person as subcontractor, for the
execution by or under the subcontractor, of the whole or any part
of the work undertaken by the principal contractor, the principal
contractor shall be liable to pay to any workman employed in the
execution of the work any compensation under this article which
he would have been liable to pay if that workman had been
immediately employed by him; and where compensation is claimed
from or proceedings are taken against the principal contractor,
then, in the application of this article, reference to the
principal contractor shall be substituted for reference to the
employer, except that the amount of compensation shall be

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