The Teen Drive for Employment Act (PL 105-334) is an amendment to the child
labor provisions (Hazardous Occupations Order No.2) of the federal Fair Labor
Standards Act (FLSA). It became effective Oct.31, 1998. This law:
Prohibits sixteen-year-old workers from driving on public roads while
working.
Restricts 17-year-olds to driving cars and light trucks on public roadways
as part of their employment, only if all the following requirements are met:
Drive only during daylight hours;
Hold a state license valid for the type of driving being performed;
Have successfully completed state-approved driver education;
Have no record of any moving violation at the time of hire;
Drive in a car or truck equipped with a seat belt for the driver and any
passengers, and the employer must have instructed the youth that the seat belts
must be used when driving the vehicle: and
Drive only automobiles or trucks that don't exceed 6,000 pounds gross
vehicle weight.
In addition, the driving performed by the 17-year-old employee may not
involve:
Towing vehicles;
Route deliveries or route sales:
The transportation for hire of property, goods, or passengers;
Urgent, time-sensitive deliveries:
Transporting more than three passengers, including employees of the
employer;
Driving beyond a 30-mile radius from youth's place of employment;
More than two trips away from the primary place of employment in any single
day for the purpose of delivering the employer's goods to a customer;
More than two trips away from the primary place of employment in any single
day for the purpose of transporting passengers, other than employees of the
employer.
Driving must also be only occasional and incidental to the 17-year-old's
employment. This means no more than one-third of the youth's work time in any
workday and no more than 20 percent of the youth's work time in any workweek
may be spent driving.
The new rules apply whether the 17-year-old is driving a personal or
employer-owned vehicle.
Previously, 16- and 17-year-olds could do occasional driving on the job for
such things as running errands or making deliveries.
Employers should obtain documentation of the employee's age, completion of a
driver education course, clean driving record, and appropriate state driver's
license.
The Department of Labor is developing additional guidelines and information
to help employers comply with the law.
