DRIVERS AND CONDUCTORS

Memphis Code of Ordinances tit. 6, ch. 6-32, art. 4

in effect

Memphis Code of Ordinances § 6-32-20 Vehicle drivers.

Sec. 6-32-20. - Vehicle drivers. No person shall operate a horse-drawn carriage for hire upon the streets of the city, and no certificate holder who owns or controls a horse-drawn carriage 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, § 39-120; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-21 Application for a driver's permit.

Sec. 6-32-21. - 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 that: 1. The applicant has obtained a valid driver's license pursuant to the provisions of T.C.A. chapter 7, title 59; 2. The experience of the applicant in working with horses; 3. 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; 4. Such other information as the city treasurer may require. B. Such application shall be accompanied by two photographs as provided by the city permits office, one of which shall be attached to the permit, if issued, and one to be retained in the files of the city treasurer with the application for the permit. C. 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 horse-drawn carriage 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 residents of the city who are personally acquainted with the applicant who will state their knowledge of the good reputation, honesty and general good character of the applicant, and include their name, address and home or work telephone number; 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. D. 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, § 39-121; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-22 Application for a carriage driver's training permit.

Sec. 6-32-22. - Application for a carriage driver's training permit. A training permit will be issued for new and potential carriage drivers good for 14 days. During this period, the driver is required at all times to drive or ride with a designated trainer and permitted carriage driver. The fee for the trainer's permit shall be half that of regular carriage drivers and will go towards the cost of a full carriage driver's permit. If the trainee does not make full application after 14 days, the permit shall be null and void and the applicant must begin the process again. (Code 1985, § 39-121.1; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-23 Applicant to fill out identification questionnaire and be fingerprinted.

Sec. 6-32-23. - 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, § 39-122; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-24 Investigation; issuance; not to issue to certain persons.

Sec. 6-32-24. - 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 horse-drawn carriage 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 numerous convictions for public drunkenness, driving under the influence of intoxicants/drugs, 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 or safety. D. No permit shall be issued unless the applicant is at least 18 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, § 39-123; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-25 Notification of arrest or indictment.

Sec. 6-32-25. - 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 6-32-31, if the 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, § 39-124; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-26 Notification of company change of driver.

Sec. 6-32-26. - 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 horse-drawn carriage for hire 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 horse-drawn carriage for hire certificate holder specified by the driver. If at any time a driver wishes to change affiliations, the driver must register the change with the division of police services, and a fee of $10.00 will be charged to defray administrative cost. Failure to advise the director 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. The holder of the certificate of public convenience and necessity must supply in writing to the permits office, the correct address of each driver currently affiliated with the certificate holder. (Code 1985, § 39-125; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-27 Permit fee.

Sec. 6-32-27. - Permit fee. Each applicant for a permit under the provisions of this article shall pay to the city treasurer a fee of $30.00 at the time of the filing of the application to cover the cost of drug screening, physical and driver's safety classes. For the renewal of such permit, the applicant shall pay a fee of $25.00. To replace a lost, destroyed or stolen permit that is current, the fee shall be $20.00. (Code 1985, § 39-126; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-28 Form, size, design and contents.

Sec. 6-32-28. - 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 thereof the company with which the driver is affiliated, and such other information as the city treasurer may require. (Code 1985, § 39-127; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-29 Possession of permit.

Sec. 6-32-29. - Possession of permit. The original permit issued under this chapter, containing a photograph and other data on the driver shall at all times be in the possession of the driver of the horse-drawn carriage for hire operated by such driver, to be shown to the passenger or a police officer on demand, while such horse-drawn carriage for hire is under the direction or control of such driver. (Code 1985, § 39-128; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-32-30 Expiration and renewal.

Sec. 6-32-30. - Expiration and renewal. A. A permit issued under this chapter shall expire at midnight on the anniversary of the birth date of the permit holder each calendar year. B. If the driver wishes that his or her permit be renewed, he or she shall furnish the city treasurer, or his or her designee, in person, the following information at least one month prior to his or her permit expiration: 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. 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 horse-drawn carriage 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, § 39-129; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-31 Fines, suspension and revocation of permit.

Sec. 6-32-31. - 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, § 39-130; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-32 Unauthorized use of permit; defacing or removing permit.

Sec. 6-32-32. - 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 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, § 34-131; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-33 Standards of appearance and conduct of drivers.

Sec. 6-32-33. - Standards of appearance and conduct of drivers. A. No driver shall engage in selling alcoholic beverages, any controlled substance, or solicit business from any house of ill repute or 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. Passengers may possess alcoholic beverages. 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 6-32-31. D. Drivers must present an acceptable appearance, including clean, neat wearing apparel not in need of repair. Hats may be worn. No shirt may be worn displaying an offensive logo. No halter-tops or tank shirts may be worn. Shorts may be worn but must be knee length or no more than three inches above the knee. Shoes, excluding sandal type shoes, must be worn at all times while serving the public. General appearance must be one of neatness and cleanliness. (Code 1985, § 39-132; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-34 Total passengers in vehicle; carrying passengers on driver's seat prohibited.

Sec. 6-32-34. - Total passengers in vehicle; carrying passengers on driver's seat prohibited. No driver shall permit more persons to be carried in a horse-drawn carriage for hire as passengers than the seating capacity. A child in arms shall not be counted as a passenger. (Code 1985, § 39-133; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-32-35 Consent required for horse-drawn carriage driver to pick up additional passengers.

Sec. 6-32-35. - Consent required for horse-drawn carriage driver to pick up additional passengers. No driver of a horse-drawn carriage shall carry any person other than the original passenger(s) by whom he or she has been engaged, without the consent of the original passenger(s), unless it is a driver trainee or other company employee. (Code 1985, § 39-134; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-32-36 Drivers not to work more than 12 hours out of 24.

Sec. 6-32-36. - 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, § 39-135; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-32-37 Solicitation of passengers by drivers; drivers to remain in or near carriage.

Sec. 6-32-37. - Solicitation of passengers by drivers; drivers to remain in or near carriage. A. No horse-drawn carriage for hire driver shall solicit passengers for a horse-drawn carriage for hire, except when sitting in the driver's seat of such carriage for hire or while standing immediately adjacent to the carriage. The driver of any horse-drawn carriage for hire shall remain in the driver's seat or immediately adjacent to the carriage at all times when such carriage 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 carriage. B. No horse-drawn carriage for hire driver shall solicit patronage in a loud or annoying tone of voice, or by sign, or in any manner annoying any person, or to obstruct the movement of any person or follow any person for the purpose of soliciting patronage. (Code 1985, § 39-136; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-32-38 Drivers of horse-drawn carriages.

Sec. 6-32-38. - Drivers of horse-drawn carriages. A. A driver of a horse-drawn carriage must properly guide the animal and carriage and must properly control the animal and carriage at all times, and: B. Must have valid driver's license. C. Must obey all traffic laws/rules. D. Drivers must be permitted. (Code 1985, § 39-137; 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_CH6-32HOAWCA_ART4DRCOFetched: 10/28/2026