[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.52]

[Page 295-296]
 
                             TITLE 29--LABOR
 
                        CHAPTER V--WAGE AND HOUR
                                DIVISION,
                           DEPARTMENT OF LABOR
 
PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION--Table of Contents
 
  Subpart E--Occupations Particularly Hazardous for the Employment of 
Minors Between 16 and 18 Years of Age or Detrimental to Their Health or 
                               Well-Being
 
Sec. 570.52  Occupations of motor-vehicle driver and outside helper (Order 2).

    (a) Findings and declaration of fact. Except as provided in 
paragraph (b) of this section, the occupations of motor-vehicle driver 
and outside helper on any public road, highway, in or about any mine 
(including open pit mine or quarry), place where logging or sawmill 
operations are in progress, or in any excavation of the type identified 
in Sec. 570.68(a) are particularly hazardous for the employment of 
minors between 16 and 18 years of age.
    (b)(1) Exemption--Incidental and occasional driving. The findings 
and declaration in paragraph (a) of this section shall not apply to the 
operation of automobiles or trucks not exceeding 6,000 pounds gross 
vehicle weight if such driving is restricted to daylight hours; 
provided, such operation is only occasional and incidental to the 
minor's employment; that the minor holds a State license valid for the 
type of driving involved in the job performed and has completed a State 
approved driver education course; and provided further, that the vehicle 
is equipped with a seat belt or similar restraining device for the 
driver and for each helper, and the employer has instructed each minor 
that such belts or other devices must be used. This paragraph shall not 
be applicable to any occupation of motor-vehicle driver which involves 
the towing of vehicles.
    (2) Special exemption for school bus driving through 1995-1996 
school year. The Secretary of Labor shall have the discretion to grant 
an exemption from the finding and declaration in paragraph (a) of this 
section for school bus driving by students on the basis of an 
application filed and approved by the Governor of the State in which the 
vehicle is registered, provided that such exemption can only be granted 
to a school district in which student drivers were employed under this 
exemption during the school years 1989-1990 and 1990-1991. An 
application for such school district may be filed for each school year 
up to and including school year 1995-1996, and thereafter school bus 
driving by students who are minors between 16 and 18 years of age will 
no longer be permitted. In evaluating the annual application for such 
exemption, the Secretary will consider the following:
    (i) Whether the accident experience of school bus drivers under 18 
years of age in the State, if any are employed, compares favorably with 
that of adult school bus drivers.

[[Page 296]]

    (ii) Whether school bus drivers are selected by the school principal 
and approved by the county superintendent or an official of equivalent 
responsibility.
    (iii) Whether school bus drivers are required to have completed a 
State approved driver education course, or a special school bus driver 
training course prior to being allowed to transport passengers.
    (iv) Whether training and testing of school bus drivers includes 
classroom and behind-the-wheel training and is done by qualified 
officials.
    (v) Whether school bus drivers are required to pass a physical 
examination.
    (vi) Whether the operation of school buses is supervised by the 
school principal, the transportation or other equivalent officer, and 
State, county, or city police.
    (vii) Whether school buses are thoroughly inspected a minimum of 
four times a year at a State, district, or county inspection station and 
receive maintenance and repairs at regular intervals to ascertain and 
insure their safe operating conditions on a continuous basis, and that 
all inspections, maintenance, and repairs are performed by qualified 
inspectors and mechanics.
    (viii) Whether school bus drivers are provided with and required to 
use seat belts.
    (ix) Whether adequate measures are taken by State and local 
officials to control the speed of school buses in order to insure that 
the buses are not driven at a speed greater than is reasonable and 
prudent.
    (x) Whether adult chaperons, approved by local school authorities, 
accompany school bus drivers on special activity trips sponsored by the 
school.
    (xi) Whether the school buses conform substantially to the minimum 
Standards for School Buses, 1964 Revised Edition, recommended by the 
National Conference on School Transportation and published by the 
National Education Association.
    (xii) Any other factors with the Secretary may find relevant in 
evaluating the application for exemption.
    (c) Definitions. For the purpose of this section:
    (1) The term motor vehicle shall mean any automobile, truck, truck-
tractor, trailer, semitrailer, motorcycle, or similar vehicle propelled 
or drawn by mechanical power and designed for use as a means of 
transportation but shall not include any vehicle operated exclusively on 
rails.
    (2) The term driver shall mean any individual who, in the course of 
employment, drives a motor vehicle at any time.
    (3) The term outside helper shall mean any individual, other than a 
driver, whose work includes riding on a motor vehicle outside the cab 
for the purpose of assisting in transporting or delivering goods.
    (4) The term gross vehicle weight includes the truck chassis with 
lubricants, water and a full tank or tanks of fuel, plus the weight of 
the cab or driver's compartment, body and special chassis and body 
equipment, and payload.

[56 FR 58630, Nov. 20, 1991]