[105th Congress Public Law 334]
[From the U.S. Government Printing Office]


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[DOCID: f:publ334.105]


[[Page 112 STAT. 3137]]

Public Law 105-334
105th Congress

                                 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. <<NOTE: Oct. 31, 1998 -  [H.R. 2327]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Drive for Teen Employment 
Act.>> assembled,

SECTION 1. <<NOTE: 29 USC 201 note.>> 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

[[Page 112 STAT. 3138]]

                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 <<NOTE: 29 USC 213 note.>> 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.

    Approved October 31, 1998.

LEGISLATIVE HISTORY--H.R. 2327:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
            Sept. 28, considered and passed House.
            Oct. 12, considered and passed Senate, amended.
            Oct. 13, House concurred in Senate amendment.

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