[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2327 Enrolled Bill (ENR)]

        H.R.2327

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
To provide for a change in the exemption from the child labor provisions 
 of the Fair Labor Standards Act of 1938 for minors who are 17 years of 
     age and who engage in the operation of automobiles and trucks.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drive for Teen Employment Act''.

SEC. 2. AUTHORITY FOR MINORS TO OPERATE MOTOR VEHICLES.

    (a) Amendment.--Section 13(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(c)) is amended by adding at the end the following:
    ``(6) In the administration and enforcement of the child labor 
provisions of this Act, employees who are under 17 years of age may not 
drive automobiles or trucks on public roadways. Employees who are 17 
years of age may drive automobiles or trucks on public roadways only 
if--
        ``(A) such driving is restricted to daylight hours;
        ``(B) the employee holds a State license valid for the type of 
    driving involved in the job performed and has no records of any 
    moving violation at the time of hire;
        ``(C) the employee has successfully completed a State approved 
    driver education course;
        ``(D) the automobile or truck is equipped with a seat belt for 
    the driver and any passengers and the employee's employer has 
    instructed the employee that the seat belts must be used when 
    driving the automobile or truck;
        ``(E) the automobile or truck does not exceed 6,000 pounds of 
    gross vehicle weight;
        ``(F) such driving does not involve--
            ``(i) the towing of vehicles;
            ``(ii) route deliveries or route sales;
            ``(iii) the transportation for hire of property, goods, or 
        passengers;
            ``(iv) urgent, time-sensitive deliveries;
            ``(v) more than two trips away from the primary place of 
        employment in any single day for the purpose of delivering 
        goods of the employee's employer to a customer (other than 
        urgent, time-sensitive deliveries);
            ``(vi) 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);
            ``(vii) transporting more than three passengers (including 
        employees of the employer); or
            ``(viii) driving beyond a 30 mile radius from the 
        employee's place of employment; and
        ``(G) such driving is only occasional and incidental to the 
    employee's employment.
For purposes of subparagraph (G), the term `occasional and incidental' 
is no more than one-third of an employee's worktime in any workday and 
no more than 20 percent of an employee's worktime in any workweek.''.
    (b) Effective Date.--
        (1) In general.--This Act shall become effective on the date of 
    the enactment of this Act.
        (2) Exception.--The amendment made by subsection (a) defining 
    the term ``occasional and incidental'' shall also apply to any 
    case, action, citation, or appeal pending on the date of the 
    enactment of this Act unless such case, action, citation, or appeal 
    involves property damage or personal injury.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.