DRIVERS AND CONDUCTORS

Memphis Code of Ordinances tit. 6, ch. 6-80, art. 5

in effect

Memphis Code of Ordinances § 6-80-24 Vehicle drivers.

Sec. 6-80-24. - Vehicle drivers. No person shall operate a taxicab or vehicle for hire upon the streets of the city, and no certificate holder who owns or controls a taxicab or vehicle for hire shall permit it to be so driven, and no passenger vehicle licensed by the city shall be so driven at any time for hire, unless the driver of the vehicle for hire shall have first obtained and shall have a current and properly updated passenger vehicle for hire driver's permit which has been approved by the city treasurer and issued by the city treasurer, or his or her designee. (Code 1985, § 39-24; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 9, 8-15-1995)

Memphis Code of Ordinances § 6-80-25 Application for a driver's permit.

Sec. 6-80-25. - Application for a driver's permit. A. Permits required by this article shall be applied for, in person and in writing, on such forms as the city treasurer may prescribe, which forms shall show: 1. The applicant has obtained a class D license with "For Hire" endorsement pursuant to the provisions of T.C.A. chapter 7, title 59; 2. All criminal statutes, whether federal or state, or city ordinance violations for which conviction, forfeiture of bond or pleading of nolo contendere has occurred, including motor vehicle and traffic violations; 3. Such other information as the city treasurer may require. B. Such application shall be accompanied by: 1. A statement form, provided by a physician licensed to practice in the State of Tennessee, dated within 30 days of the application, indicating the length of time which the physician has treated the applicant, showing the applicant is not disabled by reason of defect of sight, hearing, body or limb from safely operating a motor vehicle and indicating any and all physical and mental conditions for which treatment has been rendered within the last year and for which treatment continues to be rendered; 2. Statements of at least three reputable persons, residents of the city, personally acquainted with the applicant who will state their knowledge of the good reputation, honesty and general good character of the applicant; and 3. A statement from a holder of a certificate of public convenience and necessity indicating that the applicant shall be affiliated with the certificate holder upon issuance of the permit. C. Permits shall remain the property of the city treasurer, and may be canceled, revoked or suspended at any time and will be surrendered on demand. (Code 1985, § 39-25; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-80-26 Applicant to fill out identification questionnaire and be fingerprinted.

Sec. 6-80-26. - Applicant to fill out identification questionnaire and be fingerprinted. Each applicant applying for a permit shall appear before the city treasurer, or his or her designee, to complete an identification questionnaire on a form to be provided, and be fingerprinted. (Code 1985, § 39-26; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 10, 8-15-1995)

Memphis Code of Ordinances § 6-80-27 Investigation—Issuance—Not to issue to certain persons.

Sec. 6-80-27. - Investigation—Issuance—Not to issue to certain persons. A. Before issuing a permit under this article, the city treasurer or the city treasurer's designee shall investigate the facts set out in the application and shall not grant such permit to any person who, in the opinion of the city treasurer, after investigation, is not physically or morally fit to drive or operate a vehicle for hire in the city. B. No driver's permit shall be issued to any applicant who has been convicted of, forfeited bail or pleaded nolo contendere to a felony or any crime involving moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, prostitution, assignation, obscenity or any crime of a sexual nature in any jurisdiction, or been an inmate of reform school or penitentiary as a result of a conviction for a felony, within five years prior to his or her application for such permit. C. The city treasurer may refuse to issue a permit to any applicant whose police record shows conviction for public drunkenness, driving under the influence of intoxicants, repeated moving traffic violations, or any other good and just cause which, in the opinion of the city treasurer, would be inimical to the public health, safety or morals. D. No permit shall be issued unless the applicant is at least 21 years of age. E. It shall be the duty of the city treasurer to issue a permit to any person applying therefor, showing compliance with the provisions of this chapter. (Code 1985, § 39-27; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995)

Memphis Code of Ordinances § 6-80-28 Defensive driving school and taxi safety/courtesy course required.

Sec. 6-80-28. - Defensive driving school and taxi safety/courtesy course required. A. Every driver of a taxicab shall be required to attend and demonstrate successful completion of a defensive driving/taxi safety/courtesy course on the following schedule: 1. Existing drivers must complete the course within two years of the date of their next license renewal; 2. First-time drivers, within 60 days of initial permit issuance; 3. Prior to renewal for drivers with the following driving records: a. Involved in three nonchargable accidents within the permit year, b. Involved in two chargeable accidents or moving violations in the permit year, c. Involved in two unchangeable accidents and one chargeable accident or moving violation in the permit year. B. The course shall be conducted by the city police department, or a certified instructor approved by the police department. All courses not provided by the police department shall be substantially equivalent to the police department course and approved by the permits office. (Code 1985, § 39-27.1; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-80-29 Notification of arrest or indictment.

Sec. 6-80-29. - Notification of arrest or indictment. The holder of a driver's permit shall advise the city treasurer immediately of all charges, arrests and indictments, including those for public drunkenness and driving under the influence of intoxicants. The city treasurer may suspend a driver's permit for five days prior to a hearing, pursuant to section 6-80-35, if driver is arrested, charged or indicted for any violation of city, state or federal laws. It shall also be the responsibility of the certificate holder with which the driver is affiliated to notify the city treasurer of the charges, arrests or indictments. Failure to do so may result in suspension or revocation of the permit and/or of the certificate. (Code 1985, § 39-28; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995)

Memphis Code of Ordinances § 6-80-30 Notification of company change of driver.

Sec. 6-80-30. - Notification of company change of driver. At the time a permit is issued, the driver must register with the division of police services the name of the taxicab company, certificate holder, with which the driver intends to be affiliated, and the division of police services will have stamped on the permit the name of the taxicab company, certificate holder, specified by the driver. If at any time a driver wishes to change affiliations the driver must register the change with the city treasurer, and a fee of $3.00 will be charged to defray administrative cost. Failure to advise the city treasurer of any such changes may result in suspension or revocation of the permit. It shall be the responsibility of the holder of the certificate of public convenience and necessity to notify the city treasurer when affiliation with a driver is discontinued and any holder which allows a driver to operate a vehicle for hire without a proper and complete permit may have its certificate suspended or revoked. (Code 1985, § 39-29; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995)

Memphis Code of Ordinances § 6-80-31 Fee.

Sec. 6-80-31. - Fee. Each applicant for a permit under the provisions of this article shall pay to the city treasurer, or his or her designee, a fee of $30.00 at the time of filing the application to cover the cost of processing. At the annual renewal of such permit, the applicant shall pay the sum of $30.00. To replace a lost, destroyed or stolen permit that is current, the fee shall be $15.00. (Code 1985, § 39-30; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995)

Memphis Code of Ordinances § 6-80-32 Form, size, design and contents.

Sec. 6-80-32. - Form, size, design and contents. A permit issued under this chapter shall be in card form, of such size and design as may be prescribed by the city treasurer, which shall bear on its face a photograph of the driver, the number of the permit, the expiration date, the company with which the driver is affiliated and such other information as the city treasurer may require. The driver shall also have an identification badge, which must be accessible to the driver and in view of passengers at all times. (Code 1985, § 39-31; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-80-33 Display of permit.

Sec. 6-80-33. - Display of permit. The original permit issued under this chapter containing a photograph and other data on the driver shall at all times be kept on display in the taxicab operated by such driver, to be read by the passenger, while such passenger vehicle for hire is under the direction or control of such driver. (Code 1985, § 39-32; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-80-34 Expiration and renewal.

Sec. 6-80-34. - Expiration and renewal. A. A permit issued under this provision shall expire at 12:00 midnight on the anniversary of the date of birth of the applicant. Every driver's permit in good standing will be renewable during the renewal period. The renewal period shall be from three months before until five working days after its expiration date. Renewal shall be made by application, as set forth below, and payment of the fee to the permit office, as required in section 6-80-31. At the end of the renewal period, the license shall become null and void. Failure to make timely application for renewal of the driver's permit will result in the assessing of a reinstatement fee of $15.00 per month, for up to three months from the expiration date, in addition to the renewal fee. After three months, a completed application for a new driver permit is required, including a new physical and required driver training within 90 days of its issuance. B. If the driver wishes that his or her permit be renewed, he or she shall furnish, in person, to the city treasurer or his or her designee the following information: 1. An affidavit signed by the driver indicating no medical or physical disabilities were suffered during the previous year; 2. A statement from a holder of a certificate of public convenience and necessity indicating that the driver is a current driver for the certificate holder; 3. Evidence of successful completion of defensive driving and taxi courtesy/safety course, if needed. C. Every three years, a driver shall submit, at the time of renewal, a certificate completed by a physician licensed in the State of Tennessee and including that physician's license number, indicating the length of time which the physician has treated the driver, showing the driver is not disabled by reason of defect of sight, hearing, body or limb from safely operating a motor vehicle and indicating any and all physical and mental conditions for which treatment has been rendered within the previous three years and those for which the driver continues to receive treatment. (Code 1985, § 39-33; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-80-35 Fines, suspension and revocation of permit.

Sec. 6-80-35. - Fines, suspension and revocation of permit. A. The city treasurer is given the authority to fine a penalty fee of no more than $50.00, to suspend or revoke any driver's permit issued under this chapter for a driver's failure to comply with the provisions of this chapter or the rules and regulations specified by the city treasurer. B. The city treasurer shall notify a driver of the violations with which he or she is charged and his or her right to a hearing before the city treasurer or the city treasurer's designee, at which time the driver shall have an opportunity to present evidence; provided, however, that the city treasurer or the city treasurer's designee may suspend a permit for five working days prior to a hearing, with a hearing to be held within that period of time, if, in the judgment of the city treasurer or the city treasurer's designee, the public health and safety requires. At such hearing the city treasurer or the city treasurer's designee is authorized to further suspend or revoke a driver's permit. (Code 1985, § 39-34; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-80-36 Unauthorized use of permit—Defacing or removing permit.

Sec. 6-80-36. - Unauthorized use of permit—Defacing or removing permit. A. The city treasurer or the city treasurer's designee may suspend or revoke the permit of any driver for allowing any other person to use the permit granted to the driver, for the purpose of operating a taxicab, another type of passenger vehicle for hire, or for any other reason. B. The city treasurer or the city treasurer's designee may suspend or revoke the permit of any driver who defaces, removes or obliterates any official entry made upon the permit. (Code 1985, § 39-35; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 8, 8-15-1995)

Memphis Code of Ordinances § 6-80-37 Prohibited manner of solicitation.

Sec. 6-80-37. - Prohibited manner of solicitation. No taxicab driver shall solicit patronage in a loud or annoying tone of voice, or by sign, or in any manner annoying any person, or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. (Code 1985, § 39-36; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-80-38 Standards of appearance and conduct of drivers.

Sec. 6-80-38. - Standards of appearance and conduct of drivers. A. No driver shall engage in selling alcoholic beverages or any controlled substance, or solicit business from any house of ill repute nor may any person known to be of ill repute use his or her vehicle for any purpose other than the transporting of passengers except as provided for driver trainees. B. Drivers shall not engage in abusive language, including but not limited, to cursing, verbal insults or derogatory comments in the presence of passengers, potential or engaged, or staff members of regulating authorities. C. While on duty, drivers shall not be under the influence nor engage in the consumption of intoxicants, including but not limited to beer and other alcoholic beverages or controlled substances. Any driver charged with driving while intoxicated may have his or her permit immediately suspended as provided in section 6-80-35. D. No driver shall participate in or be present during gaming activities. E. Drivers must present an acceptable appearance, including clean, neat wearing apparel not in need of repair, no hats or other head dress except a brimmed chauffeur's cap or baseball cap with a brim of no more than four inches. No shirt may be worn open at the chest; all shirts must have a closable collar and shall bear no advertisement, symbol, fixture or saying other than company logo; no halter tops or tank shirts may be worn; no shorts may be worn; and shoes must be worn at all times while serving the public; general appearance must be one of neatness and cleanliness. F. All drivers must wear some form of identification of the company they represent. Examples include above chauffeur's/baseball cap, a company patch over the left breast pocket or shoulder, or jacket with company logo. (Code 1985, § 39-37; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-80-39 Drug screening.

Sec. 6-80-39. - Drug screening. A. Every driver holding a valid permit shall be subject to random drug screening as established in this section. This program shall require testing monthly of at least three percent taxi drivers, and three percent for carriage, and limousine and other drivers. Drivers shall be selected for drug and alcohol testing on a random basis, by using a scientifically valid random number generation method approved by the city. Upon selection, the permits office shall notify the certificate holder for whom the driver works. The certificate holder shall be responsible for notifying the driver. Once advised of the required test, a driver must take the test within 24 hours. The permits office will use testing locations already approved by the city. B. The cost of the testing shall be borne by the certificate holder if the results are negative. If the results are positive, the cost of the test shall be borne by the driver tested. The results of all tests shall be immediately provided to the permits office. C. Drivers will be subject to urine drug and breath alcohol testing. Drug testing will be for any illegal drug or substance including but not limited to amphetamines, cocaine or its derivatives, marijuana, opiates and phencyclidine (PCP). Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. Breath alcohol testing will be considered positive at a 0.04 alcohol level or higher. D. The use of a controlled substance is not prohibited, which is prescribed by a treating medical physician, if this physician makes a good faith judgement that use of the substance by the driver at the prescribed dosage level is consistent with the safe performance of the driver's duties. Drivers using a controlled substance prescribed by a treating physician must immediately notify the certificate holder that they are taking such medication. The certificate holder may request a doctor's certificate verifying the treatment. Abuse of a prescribed controlled substance is prohibited. E. Any driver who refuses to comply with a request for testing, who provided false information in connection with a test, or who attempts to falsify tests results through tampering, contamination, adulteration or substitution shall have his or her permit revoked immediately. Refusal can include an inability to provide a specimen or breath sample without a valid medical examination, and a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. F. Any driver who tests positive under the random testing procedure will be subject to the following: 1. Suspension of permit for one week; 2. Referral to an assessment by a substance abuse professional (SAP); 3. Return to work drug and alcohol tests at the end of the week; 4. Completing a return to work agreement outlining terms of return to work, including ongoing treatment and additional random testing for up to five years with a minimum of six tests that first year. G. Any driver who has a second positive test under any testing circumstance within three years is subject to revocation. H. No driver who has had a permit revoked for failing drug screening shall be eligible for a permit for six months following revocation. At the end of that period, any re-application must include evidence that the driver has undergone treatment for substance abuse and proof of a negative drug screen within one week of the application reinstatement. I. A driver who fails a drug/alcohol test within three years of a first suspension shall have his or her permit revoked for two years. A third violation shall result in a permanent revocation. J. 1. Testing shall be done on all drivers subject to a fitness for work evaluation when there are reasons to believe that drug or alcohol use is adversely affecting job performance. The certificate holder and the permits office will make reasonable suspicion determinations. 2. Testing shall be done on all drivers involved in an accident that results in a fatality or injuries requiring immediate transportation to a medical facility or the driver receives citation by local law enforcement officers, or if one or more vehicle incurs disabling damage that requires towing, pushing, etc., from the site and driver receives a citation for a moving violation arising from the accident. 3. Following an accident, the driver will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Any driver involved in an accident must refrain from alcohol use for eight hours following the accident or until he or she undergoes a post accident alcohol test. Any employee who leaves the scene of the accident prior to the submission to the drug/alcohol test will be considered to have refused the test and subject to permit revocation. K. Confidentiality will be maintained throughout the drug/alcohol testing process. The permits office will maintain results in the strictest confidence in a medical file separate from the official personnel file. In cases where disciplinary action results from positive test, such information shall be shared only with those in a supervisory capacity involved in that action. (Code 1985, § 39-37.1; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-80-40 Receipt and discharge of passengers on sidewalk.

Sec. 6-80-40. - Receipt and discharge of passengers on sidewalk. Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull to the extreme right-hand side of the road or to the sidewalk and then receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either side of the roadway in the absence of a sidewalk. (Code 1985, § 39-38; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-80-41 Total passengers in vehicle—Carrying passengers in front seat of taxicab.

Sec. 6-80-41. - Total passengers in vehicle—Carrying passengers in front seat of taxicab. A. No driver shall permit more persons to be carried in a taxicab as passengers than the seating capacity, as stated in the vehicle for hire definitions section 6-80-1. A child in arms shall not be counted as a passenger. B. Not more than two paying passengers may be seated in the front seat or forward seat opposite the driver of the taxicab. Only paying passengers or trainee drivers may be seated on the front seat of any taxicab. The back seat of the taxicab must first be occupied before passengers are allowed to ride in the front seat. (Code 1985, § 39-39; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-80-42 Consent required for a taxicab to pick up additional passengers.

Sec. 6-80-42. - Consent required for a taxicab to pick up additional passengers. No driver of a taxicab shall carry any person, other than the passenger(s) by whom he or she has been engaged, without the consent of the passenger. (Code 1985, § 39-40; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-80-43 Drivers not to work more than 12 hours out of 24.

Sec. 6-80-43. - Drivers not to work more than 12 hours out of 24. A. No driver shall work more than a maximum of 12 driving hours in the aggregate of any 24-hour period, and such driver shall not begin to drive until he or she has had at least eight consecutive hours of rest. B. It is the duty of the certificate holder in conjunction with the driver to meet these requirements. (Code 1985, § 39-41; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-80-44 Solicitation of passengers by drivers—Drivers to remain in or near vehicle.

Sec. 6-80-44. - Solicitation of passengers by drivers—Drivers to remain in or near vehicle. No taxicab driver shall solicit passengers for a taxicab, except when sitting in the driver's seat of such taxicab or while standing immediately adjacent to the vehicle. The driver of any taxicab shall remain in the driver's seat or immediately adjacent to the vehicle at all times when such vehicle is upon public streets, provided further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of the vehicle. (Code 1985, § 39-42; Ord. No. 4227, § 1, 11-2-1993)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-80TA_ART5DRCOFetched: 10/28/2026