Dealerships that hire teens for the summer (or anytime) are reminded of the 1998 Drive for Teen Employment Act, which sets a minimum age of 17 for any on-the-job driving on public roadways. On-the-job driving by employees 18 and older is not regulated, and 16-year olds may not drive on public roads, but may drive on dealership property.
According to the Department of Labor (DOL), 17-year-olds may drive on public roadways as part of their employment only if all of the following requirements are met:
à The driving is limited to daylight hours;
à They hold a license valid for the type of driving involved in the job performed;
à They have successfully completed a state approved driver education course and have no record of any moving violation at the time of hire;
à The automobile or truck is equipped with a seat belt for the driver and any passengers and the employer has instructed the youth that the seat belts must be used when driving the vehicle;
à The automobile or truck does not exceed 6,000 pounds gross vehicle weight;
The driving may not involve:
à Towing vehicles;
à Route deliveries or route sales;
à Transportation for hire of property, goods, or passengers;
à Urgent, time-sensitive deliveries;
à Transporting more than three passengers, including employees of the employer;
à Driving beyond a 30-mile radius from the youthês place of employment;
à More than two trips away from the primary place of employment in any single day to deliver the employerês goods to a customer (other than urgent, time-sensitive deliveries which are prohibited);
à More than two trips away from the primary place of employment in any single day to transport passengers, other than dealership employees; and,
à Such driving is only occasional and incidental to the 17-year-oldês employment. This means that the youth may spend no more than one-third of the work time in any workday and no more than 20 percent of the work time in any workweek driving.
The above requirements apply whether the youth is driving a personal or employer-owned vehicle. Employers can guard against unwitting violations of the new requirements by securing documentation from 17-year-old employees who drive as part of their job. Such documentation would include evidence of the employeeês age, completion of a driver education course, clean driving record and appropriate state driverês license.
A violation of these requirements can result in a fine of up to $10,000. For more information go to the DOL website, http://www.dol.gov/esa/regs/compliance/whd/whdfs34.htm.
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