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 deliver-
ing 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
H. R. 2327—2
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 inciden-
tal’ 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.