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DRIVER PERMITS

Memphis Code of Ordinances tit. 6, ch. 6-44, art. 7, div. 3
in effect

Memphis Code of Ordinances § 6-44-78 Driver permit required; violations and term.

Sec. 6-44-78. - Driver permit required; violations and term. A. No person shall drive or otherwise operate an entertainment transportation vehicle engaged in the transportation of passengers unless he or she has a driver permit from the MTC and a currently effective Tennessee commercial driver's license. B. A person commits an offense if he or she operates an Entertainment Transportation Vehicle in the city limits without a driver permit issued by the MTC. C. A business commits an offense if it employs or otherwise allows a person to operate an entertainment transportation vehicle owned, controlled, or operated by the permittee without a driver permit issued by the MTC. D. Each driver permit shall be valid for one year and shall be subject to renewal pursuant to the provisions set forth in this Article. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-79 Application; information and fees required.

Sec. 6-44-79. - Application; information and fees required. A. An application for an entertainment transportation Vehicle driver permit shall be filed with the MTC on forms provided by the MTC. B. Such application shall be certified under oath and shall at a minimum contain the following information: 1. The name, residential address, telephone number and date of birth of the applicant. No applicant under 21 years of age will be accepted. 2. The type(s) of vehicle(s) which the applicant will drive under the certificate. 3. The years of experience of the applicant in the transportation industry. 4. A concise history of the applicant's employment. C. The applicant shall provide copies of the following documents in order to submit his or her application: 1. A valid driver's license issued by one of the 50 States within the United States of America for the issuance or renewal of an entertainment transportation vehicle driver permit corresponding with the type/classification of entertainment transportation vehicle to be operated (i.e., commercial driver license, for-hire endorsement, etc.). 2. If a resident alien, a current work permit or other valid United States immigration and customs enforcement document. 3. A copy of a currently effective Tennessee commercial driver's license. D. Each application shall be accompanied by an official driver record obtained no longer than 30 days prior to the date of application. All applicants are required to meet the following standards: 1. No convictions or nolo contendere pleas in the last five years for any of the following offenses involving bodily injury or death and no convictions in the last three years for any of the following offenses not involving injury or death: • Hit and run; • Driving under the influence of an alcoholic beverage or drug; • Reckless or careless driving; • Repeated offenses that directly relate to a person's privilege to operate a vehicle. 2. For an initial driver permit, no more than three moving violations within the last three years and no more than two moving violations in the last year. 3. For a renewal driver permit, no more than four moving violations within the last three years and no more than two moving violations in the last year. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-80 Fingerprint-based criminal background investigation.

Sec. 6-44-80. - Fingerprint-based criminal background investigation. A. All applicants for an entertainment transportation vehicle driver permit must undergo a fingerprint-based identification and background check. The MTC shall provide instructions to applicants on obtaining such background checks. A background check report and a copy of the motor vehicle record (MVR), generated by the department of motor vehicles, of the applicant, if any, shall be attached to the application and forwarded for consideration by the MTC. B. Any applicant shall, in addition to any disqualifications listed elsewhere in this chapter, be disqualified if the applicant: 1. Has been convicted of, forfeited bond or pleaded nolo contendere to a felony or any crime involving moral turpitude as defined by laws of the State of Tennessee, a controlled substance, prostitution, assignation, or obscenity within five years immediately preceding the date of application; or has been convicted of, forfeited bond or pleaded nolo contendere to any crime involving the abuse of a child or of a sexual nature in any jurisdiction at any time preceding the date of application. 2. If, at the time of application, the applicant is charged with any offenses in subsection (1) above, consideration of the application shall be deferred until the applicant's entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges. 3. Has been convicted of two or more felony offenses within the past seven years. 4. Has been convicted for a period of two years prior to the date of application for violation of two or more sections of this Code or other ordinances governing the operation of entertainment transportation vehicles. If the applicant fails to disclose any criminal conviction, except traffic citations, on the application for a driver permit, the application may be referred to the MTC for consideration. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-81 Application; approval or disapproval.

Sec. 6-44-81. - Application; approval or disapproval. The MTC or its staff shall, upon the consideration of the application and any reports and certificates required to be attached thereto, approve or reject the application. Any applicant rejected by the MTC staff may file an appeal within 30 days of denial and request an appearance before the MTC. The appeal shall be heard by the MTC at the next available MTC meeting with the appellant appearing in-person for consideration of the application. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-82 Issuance; driver permit contents and display.

Sec. 6-44-82. - Issuance; driver permit contents and display. A. Upon approval of an application for an entertainment transportation vehicle driver permit, the MTC director shall issue a permit to the applicant, which shall bear the applicant's name, driver permit number, height, date of birth, a photograph of the applicant, and other information deemed appropriate by the MTC. B. Every driver shall at all times conspicuously display a driver permit within the entertainment transportation vehicle, where it is visible to passengers. A driver shall allow the MTC director, MTC inspector, or a police officer to examine the permit upon request. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-83 New application after denial.

Sec. 6-44-83. - New application after denial. Upon denial of an application for a driver permit, no new application shall be considered for a period of three months. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-84 Expiration; issuance and renewal fee.

Sec. 6-44-84. - Expiration; issuance and renewal fee. A. A driver permit may be issued to qualified applicants upon the payment of a $35.00 fee plus the costs of investigation. If the permit for the preceding year has been revoked, no new permit shall be issued without prior MTC approval. B. Each entertainment transportation vehicle driver permit shall be issued for a period of one year. The fee to renew a driver permit shall be $17.50. Such fees shall be in addition to the cost of any investigation. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-85 Unpermitted drivers.

Sec. 6-44-85. - Unpermitted drivers. A. If any person is found operating an entertainment transportation vehicle within the city limits without a valid entertainment transportation vehicle driver permit on behalf of any holder of a certificate of necessity and public convenience, the MTC director may immediately take action to suspend or revoke the certificate in accordance with section 6-44-77(B). B. A person whose entertainment transportation vehicle driver permit is suspended shall not drive an entertainment transportation vehicle within the city limits during the period of suspension. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-86 Suspension, revocation, and appeal.

Sec. 6-44-86. - Suspension, revocation, and appeal. A. The MTC director is hereby given authority to suspend any entertainment transportation vehicle driver permit issued under this article for a driver's failure or refusal to comply with the provisions of this article. Such suspensions may not last for a period of more than 30 days. The MTC director is also given authority to revoke any driver permit, provided that the revocation is decided in accordance with section 6-44-77(B), for failure to comply with the provisions of this article. B. If a driver is charged in any court with a misdemeanor involving moral turpitude, or with any felony, or with driving while intoxicated or under the influence of drugs, or with violations of this article, the MTC director is hereby given authority to suspend the driver's permit pending final disposition of the charges against them, and to revoke such permit upon conviction thereof. C. The MTC director may revoke an entertainment transportation vehicle driver permit for good cause in accordance with section 39-262(B), if the director determines that the permittee has engaged in conduct detrimental to the public safety. D. The MTC director may not suspend or revoke any driver permit unless the driver has received notice of the charges against them and has had the opportunity to present evidence on their behalf at an administrative hearing before the MTC director, where good cause has been established. E. Any permittee whose driver permit has been suspended or revoked by the MTC director may file a written appeal with the MTC within ten business days. If an appeal is not made to the MTC within ten business days of the MTC director's decision, the MTC director's decision shall be final. A letter addressed to the MTC and delivered to the MTC office stating that an appeal from the decision of the MTC director is desired shall perfect such appeal. The MTC, as soon as practicable after receiving such notice of appeal, shall notify the permittee of the date and time of the hearing which shall be not less than five business days after the mailing of such notice. After the hearing of the appeal, the MTC shall sustain, modify or reverse the findings of the MTC director, and shall notify the MTC director and the permittee of its findings. The findings of the MTC shall be final, subject to any applicable legal processes. F. A driver whose permit is revoked may not reapply for 90 days from the date of revocation and will be treated as a new applicant. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-87 Revocation of a valid driver's license.

Sec. 6-44-87. - Revocation of a valid driver's license. An entertainment transportation vehicle driver permit issued under this article shall be valid for one year so long as the permittee's valid driver's license, issued by one of the 50 States in the United States of America for the type/classification of entertainment transportation vehicle to be operated, remains valid for the duration of the permit. Any time that a permittee's driver's license is suspended, revoked, or cancelled, their entertainment transportation vehicle driver permit shall likewise be immediately suspended, revoked pursuant to section 6-44-77(B), or cancelled. The entertainment transportation vehicle driver permit shall immediately be surrendered to the MTC until such time as their driver's license is reinstated. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-88 Conduct of drivers.

Sec. 6-44-88. - Conduct of drivers. A. A driver shall at all times: 1. Act in a reasonable, prudent, safe, and courteous manner; 2. Take the necessary measures to prevent and prohibit a person not possessing an entertainment transportation vehicle driver permit from operating the entertainment transportation vehicle; 3. Refrain from allowing more passengers to be carried in an entertainment transportation vehicle than for which there is proper seating, and at no time shall the driver allow any passenger to ride in any area of the entertainment transportation vehicle not specifically designed or designated as a seat; 4. Prohibit any passenger 18 years of age or younger from riding in an entertainment transportation vehicle unaccompanied by an adult; 5. Not operate an entertainment transportation vehicle while under the influence of intoxicating beverages or drugs; 6. Observe and obey all state and local noise and traffic laws and regulations; 7. Not permit a customer to stand or ride on any part of the entertainment transportation vehicle other than the designated seating area while the entertainment transportation vehicle is in motion and require that passengers must be seated except when loading or unloading. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-89 Drivers not to work more than 12 hours out of 24.

Sec. 6-44-89. - Drivers not to work more than 12 hours out of 24. 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 has had at least eight consecutive hours of rest. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-90 Consumption of alcoholic beverages.

Sec. 6-44-90. - Consumption of alcoholic beverages. The consumption of an alcoholic beverage by an individual, over the age of 21, who is strictly a passenger in the passenger area of an entertainment transportation vehicle is permitted. Sales of alcohol by the operator, driver, or riders of the vehicle are prohibited. A. If alcoholic beverages are allowed to be consumed on an entertainment transportation vehicle, the vehicle operator shall apply for a permit to allow such consumption from the permits office. The application fee for such permit is $25.00 and the operator of an entertainment transportation vehicle company shall pay an additional $25.00 for each entertainment transportation vehicle on which alcohol is being consumed. The driver or operator of an entertainment transportation vehicle shall be in possession of the permit referenced in this subsection at all times alcohol is being consumed on the entertainment transportation vehicle. Additionally, the registration number issued by the permits office shall be conspicuously displayed on the rear of the entertainment transportation vehicle. B. If an alcohol consumption permit is granted to the entertainment transportation vehicle operator, the following notice shall be on full display on the entertainment transportation vehicle: 1. Each passenger is asked to drink responsibly; and 2. No passengers are permitted to take any opened alcoholic beverage container with them when they exit the entertainment transportation vehicle, except in the Beale Street Historic District. C. An entertainment transportation vehicle driver shall not operate an entertainment transportation vehicle while under the influence of alcoholic beverages, nor shall the driver consume alcoholic beverages while operating the vehicle. D. The entertainment transportation vehicle operator and driver may not allow consumption of alcoholic beverages by persons under the age of 21. E. Any violations of this section may be enforced under the applicable laws of the City of Memphis and the State of Tennessee, as contemplated by sections 6-44-106 and 6-44-108, which may result in revocation or suspension of the operator's certificate of public convenience and necessity. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-91 Return of passengers' property.

Sec. 6-44-91. - Return of passengers' property. A driver of an entertainment transportation vehicle shall immediately attempt to return to a passenger any property left by the passenger in the vehicle. If unable to locate the passenger, the driver shall turn the property in to the certificate holder's company office at the end of the driver's shift or at the first available opportunity. In such cases, the certificate holder shall make a good faith effort to locate the passenger, and, if not successful, hold the property in storage at its location for at least 30 days. (Ord. No. 5861, 4-9-2024)

Memphis Code of Ordinances § 6-44-92 Compliance with provisions.

Sec. 6-44-92. - Compliance with provisions. Every driver granted a driver permit under this Article shall comply with all City of Memphis, state, and federal laws. Failure to do so may result in disciplinary actions including suspension and up to revocation of the entertainment transportation vehicle driver permit. (Ord. No. 5861, 4-9-2024)
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_CH6-44LISHOTVEHI_ART7ENTRVE_DIV3DRPEFetched: 10/28/2026

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