[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.52]

[Page 267-268]
 
                             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) Exemption--Incidental and occasional driving by 17-year-olds. 
Minors who are at least 17 years of age may drive automobiles and trucks 
on public roadways when all the following criteria are met:
    (1) The automobile or truck does not exceed 6,000 pounds gross 
vehicle weight, and the vehicle is equipped with a seat belt or similar 
restraining

[[Page 268]]

device for the driver and for any passengers and the employer has 
instructed the employee that such belts or other devices must be used;
    (2) The driving is restricted to daylight hours;
    (3) The minor holds a State license valid for the type of driving 
involved in the job performed and has no records of any moving 
violations at the time of hire;
    (4) The minor has successfully completed a State-approved driver 
education course;
    (5) The driving does not involve: the towing of vehicles; route 
deliveries or route sales; the transportation for hire of property, 
goods, or passengers; urgent, time-sensitive deliveries; or the 
transporting at any one time of more than three passengers, including 
the employees of the employer;
    (6) The driving performed by the minor does not involve more than 
two trips away from the primary place of employment in any single day 
for the purpose of delivering goods of the minor's employer to a 
customer (except urgent, time-sensitive deliveries which are completely 
banned in paragraph (b)(5) of this section;
    (7) The driving performed by the minor does not involve more than 
two trips away from the primary place of employment in any single day 
for the purpose of transporting passengers (other than the employees of 
the employer);
    (8) The driving takes place within a thirty (30) mile radius of the 
minor's place of employment; and,
    (9) The driving is only occasional and incidental to the employee's 
employment.
    (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.
    (5) The term occasional and incidental means 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.
    (6) The term urgent, time-sensitive deliveries means trips which, 
because of such factors as customer satisfaction, the rapid 
deterioration of the quality or change in temperature of the product, 
and/or economic incentives, are subject to time-lines, schedules, and/or 
turn-around times which might impel the driver to hurry in the 
completion of the delivery. Prohibited trips would include, but are not 
limited to, the delivery of pizzas and prepared foods to the customer; 
the delivery of materials under a deadline (such as deposits to a bank 
at closing); and the shuttling of passengers to and from transportation 
depots to meet transport schedules. Urgent, time-sensitive deliveries 
would not depend on the delivery's points of origin and termination, and 
would include the delivery of people and things to the employer's place 
of business as well as from that business to some other location.

[56 FR 58630, Nov. 20, 1991, as amended at 69 FR 75403, Dec. 16, 2004]