Enforcement Position on Driving on Private Property for Youths Under 18
The North Carolina Wage and Hour Act
(WHA) has a limited exemption for driving a motor vehicle on the public
roads and highways for 16 and 17 year old youths as long as the driving
is done within a 25 mile radius of the business and as long as certain other
requirements are met including the youth holding a valid North Carolina
driver's license. This section is found in N.C.G.S. '95-25.5(l). However, we also
supervise the issuance of youth employment certificates for youths under
the age of 18 employed by most businesses in North Carolina regardless of
State coverage or coverage under the federal Fair Labor Standards Act (FLSA)
except for governmental, agricultural, and domestic employers. The child
labor provisions of the FLSA restrict the driving of motor vehicles on the
public roads and highways for all youths under the age of 18 as a part of
their employment. The federal child labor regulations have a limited exception
for driving a motor vehicle on the public roads and highways only
for youths who are at least 17 years old. Again, there are certain requirements
that must be met in order for an employer to be in compliance.
However, it is our position that the
restrictions for driving a motor vehicle on the public roads and highways
for youths under the age of 18 is just that: A restriction for driving a
motor vehicle only on the public roads and highways. Therefore,
it is our position that 16 and 17 year old youths are not restricted
from driving a motor vehicle on private property as long as the youths do
not have to drive motor vehicles on the public roads and highways
at all including the crossing of a public road or highway. The approval
of 16 and 17 year old youths to drive on private property has nothing to
do at all with the fact that a 16 or 17 year old youth has a valid driver's license or not. The driving
of a motor vehicle on private property is prohibited for youths under the
age of 16 simply because youths under the age of 16 cannot operate power
driven equipment as a part of their employment. The prohibition of the
operation of power driven equipment by youths under the age of 16 includes,
but is not limited to, lawn mowers (both push and rider), weedeaters, cars,
trucks, and golf carts (both electric and gas powered).
If the issue involves the federal
child labor requirements under the FLSA, then you need to contact the United
States Department of Labor's Wage and Hour Division in either Charlotte
at 704-749-3360 or Raleigh at 919-790-2741 for clarification of valet parking
for 16 and 17 year old youths. The federal department of labor’s web site
is: http://www.dol.gov/ The web site
to go directly to the Code of Federal Regulation (CFR) 570 for the federal
child labor requirements is: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/toc.htm
For questions or clarification, please
contact:
North Carolina Department of Labor
Wage and Hour Bureau
1101 Mail Service
Center
Raleigh, NC 27699-1101
(919) 807-2796 or (toll-free NC only) 1-800-NC-LABOR
Web site: http://www.nclabor.com
