48-99
Labor
Cite as N.D. Op. Att'y Gen. 48-99
OPINION
48-99
November 15, 1948 (OPINION)
LABOR
RE: Minors Acting as Paid Chauffeur
I have your letter of November 10, 1948, in which you inquire whether
or not section 34-0716 of the 1943 Revised Code would prohibit minors
under sixteen years of age from driving an automobile as a paid
chauffeur.
Subsection 1 of section 34-0716 of the 1943 Revised Code prohibits a
minor from any employment involving the use of any power driven
machinery.
It is true that under the provisions of section 39-0605 of the 1947
Session Laws, "an operator's license may be issued to any child, who
is more than fourteen years of age and less than sixteen years of
age," under certain conditions.
However, I do not believe that the statute contemplates that a child
between the ages of fourteen and sixteen years is authorized to act
as a paid chauffeur.
An automobile is, of course, a power driven machine and I believe
that the operation of a car by a minor under sixteen and over
fourteen years of age would be more or less dangerous, and would come
within the inhibition of section 34 0716 of the 1943 Revised Code.
P.O. SATHRE
Attorney General