PERMITS REQUIRED

Memphis Code of Ordinances tit. 6, ch. 6-88, art. 2

in effect

Memphis Code of Ordinances § 6-88-26 Permit requirements.

Sec. 6-88-26. - Permit requirements. A. License for wrecker service. 1. No wrecker service shall engage in business within the city limits or offer such service to any motor vehicle upon the streets, alleys, roads, highways, and thoroughfares of the city unless a license is obtained from the permits office. 2. Each wrecker service owner must provide to the permits office a certificate of occupancy and use from the Memphis and Shelby County Office of Construction and Code Enforcement and a current business license from the county business office, or the equivalents issued by appropriate governing bodies in the jurisdiction in which a wrecker service outside Memphis and Shelby County is located. B. Emergency wrecker service. No person shall engage in the business of providing emergency wrecker services within the corporate limits of the city without first obtaining and keeping in force a license to operate an emergency wrecker service from the permits office. C. Wrecker service owners with addresses outside the city. Wrecker owners located in the county, but outside the city limits, who are licensed to operate in the county, pursuant to the provisions of chapter 189 of the Private Acts of 1961, may apply for a license to operate in the city and such license shall be issued without the necessity of obtaining a certificate of occupancy and use from the Memphis and Shelby County Office of Construction and Code Enforcement as set forth above, provided that such operator meets the remaining qualifications for a license including a current business license issued by the county business office and complies with all rules and regulations promulgated pursuant to this chapter. Wrecker owners located outside of the county must provide a current business license issued by the county in which the wrecker service is located and comply with all rules and regulations of this chapter. D. Police rotation list or emergency wrecker. Only wrecker companies licensed to operate in the city who have been issued certificates of occupancy and use by the Memphis and Shelby County Office of Construction and Code Enforcement and satisfied each requirement set forth in this chapter for emergency wrecker service shall be eligible to be included on the emergency wrecker rotation list maintained by the police services division for use in those instances in which wrecker operators are directed to the scene of a wreck by the police dispatcher. E. Storage. A wrecker company that does not currently have the requisite permit to operate as wrecker operator shall hereafter be ineligible to obtain a permit as a wrecker operator unless such operator shall have facilities for storage at the place from which its wreckers are to be operated sufficient for the storing of not less than 100 disabled motor vehicles. A wrecker company that is currently permitted to operate as a wrecker operator as of the effective date of this chapter shall be grandfathered in, and continue to operate at current capacity. Renewal of the requisite permit shall not alter the applicability of this provision. F. Permit for wrecker service drivers/operators. No person shall operate a wrecker vehicle for hire upon the streets of the city and no licensed wrecker service for hire shall permit towing at any time for hire, unless the driver of said wrecker for hire shall have first obtained and shall have a current and properly updated wrecker driver/operator's permit issued by the permits office. 1. Permits required by this article shall be applied for in person and in writing, on such forms as the permits office may prescribe which shall show: a. The applicant has obtained the proper class endorsement pursuant to the provisions of T.C.A. chapter 50, title 55. b. 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. The permits office must immediately submit to the state bureau of investigation a request for a criminal background check of the applicant upon submission of his wrecker driver permit application. c. Such other information as the permits office may require. 2. Such application shall be accompanied by a statement from a holder of a wrecker service license indicating that the applicant shall be affiliated with the license holder upon issuance of the permit. 3. Permits shall remain the property of the permits office, and may be canceled, revoked, or suspended at any time and will be surrendered on demand. 4. Each applicant applying for a permit shall appear before the permits office to complete an identification questionnaire on a form to be provided. 5. A wrecker driver's permit may not be issued to any applicant who has been convicted of a felony or any crime involving moral turpitude within five years prior to their application for such permit. 6. The permits office may refuse to issue a permit to an applicant whose police record shows more than one conviction for driving under the influence of intoxicants, moving traffic violations, or any other good and just cause within five years prior to their application for such permit. 7. No permit shall be issued unless the applicant is at least 21 years of age. 8. It shall be the duty of the permits office to issue a permit to any person applying therefor, showing compliance with the provisions of this chapter. 9. The holder of a wrecker driver's permit shall advise the permits office within three days of all arrests and indictments, including those for driving under the influence of intoxicants. It shall also be the responsibility of the wrecker service license holder with which said driver is affiliated to notify the permits office of said charges, arrests or indictments so long as the wrecker service license holder has actual knowledge of said arrests or indictments. Failure to do so may result in fines, suspension or revocation of said permit and/or of said license after a hearing within three business days by the permits office. 10. If a permit is issued, the driver must register with the permits office the name of the wrecker service license holder with which the driver intends to be affiliated, and the permits office will have stamped on the permit the name of the wrecker service license holder. If at any time a driver wishes to change wrecker service providers, the driver must register the change with the permits office, and a fee of $3.00 will be charged to defray administrative cost. Failure to advise the permits office of any such changes may result in suspension or revocation of said permit. It shall be the responsibility of the holder of the wrecker service license to notify the permits office when affiliation with a driver is discontinued and any wrecker service license holder which allows a driver to operate a wrecker service vehicle for hire without a proper and complete permit may have its license suspended or revoked. 11. Each applicant for a permit under the provisions of this section shall pay to the permits office a fee of $50.00 at the time of filing the application to cover the cost of a criminal background check, application processing and a permit card. At the biannual renewal of such permit, the applicant shall pay the sum of $50.00. To replace a lost, destroyed or stolen permit that is current the fee shall be $15.00. 12. A permit issued under this chapter shall be in card form of such size and design as may be prescribed by the permits office, 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 permits office may require. The driver shall also have a current driver's license. 13. A permit issued under this provision shall expire at 12:00 midnight two years after of the date of issuance. Every wrecker 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 the expiration date. Renewal shall be made by application, as set forth below, and payment of the fee to the permit office. At the end of the renewal period, the license shall become null and void. Failure to make timely application for renewal of the wrecker 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, within 90 days of its issuance. 14. If the driver wishes that his/her permit be renewed, he/she shall furnish, in person, to the permits officer a statement from a wrecker service license holder indicating that the driver is a current driver for said certificate holder. 15. The permits office and/or transportation commission is hereby given the authority to fine a penalty fee of no more than $50.00, to suspend or revoke any wrecker 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 permits office and/or transportation commission. 16. The permits office shall notify a driver and the associated wrecker service license holder of the violations with which they are charged and their right to a hearing before the transportation commission for any suspensions/revocation recommended by the permits office in excess of five days. A hearing shall be held at such time as may be conveniently scheduled but within 30 days of the notification to the driver of the recommended suspension/revocation exceeding five working days. 17. The permits office and/or transportation commission may suspend or revoke any driver and/or license of associated wrecker service license holder for allowing any other person to use the permit granted to said driver for the purpose of operating a wrecker, another type of passenger vehicle for hire, or for any other reason. 18. The permits office may suspend or revoke the wrecker driver's permit of any driver who defaces, removes, or obliterates any official entry made upon the permit. 19. Every driver holding a valid wrecker driver's permit shall be subject to random drug screening as established in this section unless the wrecker service license holder for whom the driver works is included in the Tennessee Highway Patrol Rotating Schedule Towing List. Drivers may be selected for drug and alcohol testing on a random basis by using a scientifically valid random number generation method approved by the permits office. Upon selection, the permits office shall notify the wrecker service license holder for whom the driver works. The wrecker service license 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 a testing location already approved by the city. 20. 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. 21. 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 phencyclidme (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. 22. The use of a controlled substance is not prohibited, which is prescribed by a treating medical physician, if this physician makes a good faith judgment 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 wrecker service license holder that they are taking such medication. The wrecker service license holder may request a doctor's certificate verifying the treatment. Abuse of a prescribed controlled substance is prohibited. 23. 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/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. 24. Any driver who tests positive under the first random testing procedure may be subject to the following: a. Suspension of his/her permit for 30 to 120 days; b. Referral to an assessment by a substance abuse professional (SAP), with a return to work drug and alcohol test at the end of suspension; and/or c. Completion of 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. 25. Any driver who has a second positive test under the random testing procedure within three years from failing the first drug screening shall be subject to revocation of his/her permit. 26. 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 reinstatement. 27. A driver who fails a drug/alcohol test within three years of a first suspension shall have his/her permit revoked for two years. A third violation shall result in a permanent revocation. 28. 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 may by adversely affecting job performance. The wrecker service license holder and the permits office will make reasonable suspicion determinations. 29. 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. Acceptance of a wrecker driver's permit under this chapter signifies consent to testing if a driver is unconscious after being involved in such an accident. 30. 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/she undergoes a post-accident 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 be subject to permit revocation. 31. Confidentiality will be maintained throughout the drug/alcohol testing process. The risk manager of the city 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. (Ord. No. 5133, § 1(part), 4-18-2006; Ord. No. 5414, § 1(41-26), 11-1-2011; Ord. No. 5868, § 1, 5-16-2023)

Memphis Code of Ordinances § 6-88-27 Making false statement—Power not to grant application.

Sec. 6-88-27. - Making false statement—Power not to grant application. Any person making a false statement in any application required by the director of police services or his duly authorized designee shall forfeit his permit and shall not be eligible to receive or hold a permit from the director of police services or his duly authorized designee for a period of five years. The director of police services or his duly authorized designee shall have the power not to issue any permit when it finds that such issuance would interfere with the public health, safety, and welfare of the residents of the City of Memphis. (Ord. No. 5133, § 1(part), 4-18-2006)

Memphis Code of Ordinances § 6-88-28 Application.

Sec. 6-88-28. - Application. Any person desiring to engage in the business of providing wrecker or emergency wrecker services within the corporate limits of the City of Memphis must be certified by the Department of Transportation ("DOT") and obtain a license as required by this article. Such person must also file with the director of police services an application setting forth, among other things, the following: A. Name and address of the applicant. B. The location, description and hourly availability of wreckers owned or operated by the applicant. C. A statement setting forth and describing the available space for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled. D. The number of wrecker vehicles owned or available for use by the applicant. E. A statement that the applicant intends to comply with the fees and schedule of charges prescribed by this chapter and the rules and regulations promulgated by the director of public services. F. If the applicant is applying for emergency wrecker service the applicant must agree to provide 24-hour service, including holidays, and state that he will have at all times a minimum of two wreckers and two men on duty during any 24-hour period, except that between the hours of 7:00 p.m. and 7:00 a.m., there shall be one man on duty and one wrecker in use. G. A statement that all wreckers will be fully equipped at all times with a broom, crowbar, flags, flares, firefighter's axes, shovel or scoop; fire extinguishers must be a minimum of 20 pounds, and absorbent materials (i.e., oil-dry) minimum of ten pounds. H. Except for the time period set out in subsection (F) of this section governing hours of operation for nights and on weekends, that such wrecker and emergency equipment shall be operated from one business location only, provided such location(s) are in the operator's zone. I. A statement that such wreckers will be equipped with at least two vehicle jacks, a set of dollies, 100 feet of towing cable; and any equipment necessary for the towing of special automobiles in order to prevent further damage to such vehicles. If such wrecker company wishes to be an emergency wrecker service and on the police list approved for towing such special vehicles, that wrecker company will also have available a trailer for towing motorcycles. J. Prior to any wrecker service operating as an emergency wrecker service on the rotation list for the Memphis Police Department, the city shall be added as an additional insured on such wrecker service's insurance coverage. This shall be evidenced by such notation on the certificate of insurance on file with the police services division. K. Any wrecker service desiring to do business with the city shall first execute a hold harmless agreement stating that it will indemnify, defend and hold the city harmless from any and all claims of any type, including attorney's fees, which may arise out of the performance of the towing of any vehicle under or by direction from the City of Memphis police services division. L. Compliance with the above stated conditions shall at all times be a condition precedent to providing any service to or on behalf of the City of Memphis division of police services. (Ord. No. 5133, § 1(part), 4-18-2006)

Memphis Code of Ordinances § 6-88-29 Investigation of applicant—Creation of zones.

Sec. 6-88-29. - Investigation of applicant—Creation of zones. A. The director of police services or his designee shall investigate or cause to be investigated each applicant under this article to determine whether the applicant has met each of the requirements to operate a wrecker service in the City of Memphis. Such investigation will establish whether the wrecker owner has the necessary facilities and equipment as required under section 6-88-28 of this chapter, and whether the owner has been convicted of a felony within the last two years which shall require the pre-approval of the director of the division of police services or his designee. B. The director of police services or his designee may decide the number of wrecker call zones and the number of wrecker operators that will be placed on the police services wrecker rotation call list in any zone in order to promote public safety and efficiency of service. Every wrecker owner shall be required to operate wreckers from an approved location in the zone where the business is designated to make tows; provided, however, no wrecker operator shall be denied the right to operate in any zone in which it was operating prior to July 1, 1989. C. No person shall, regardless of number of wrecker companies in which he has an interest, acquire more than one listing per zone on the Memphis police services rotational list. This section shall apply to each wrecker company in which any single individual has any ownership interest. For purposes of this section, the term "interest" is defined as including, but not limited to, any participation in a wrecker company or tow-in business either directly or indirectly, near or remote, or any pecuniary interest. (Ord. No. 5133, § 1(part), 4-18-2006)

Memphis Code of Ordinances § 6-88-30 Liability insurance required.

Sec. 6-88-30. - Liability insurance required. A. A wrecker service shall not operate upon the streets of the city until it has obtained and kept in force all insurance required as established by the city risk manager which may be adjusted from time to time. The company shall require all subcontractors to carry insurance as outlined below, in case they are not protected by the policies carried by the company. The company is required to provide copies of the insurance policies upon request. The company shall furnish the risk manager a certificate of insurance and/or policies attested by a duly authorized representative of the insurance carrier evidencing that the insurance required hereunder is in effect. All insurance companies must be acceptable to the city and licensed. B. The company shall indemnify, defend, save and hold harmless the city, its officers, employees, and agents, from and against any and all claims, demands, suits, actions, penalties, damages, settlements, costs, expenses, or other liabilities of any kind and character arising out of or in connection with the breach of the agreement by company, its employees, subcontractors, or agents, or any negligent act or omission of company, its employees, subcontractors, or agents, which occurs pursuant to the performance of this agreement, and this indemnification shall survive the expiration or earlier termination of this agreement. The provisions of this subsection shall not apply to any loss or damage caused solely by the acts, errors, or omissions of the city, its officers, employees and agents. C. Each certificate or policy shall require and state in writing the following clauses: Company shall provide notice to the City within three business days following receipt of any notice of cancellation or material change in company's insurance policy from company's insurer. Such notice shall be provided to city by registered mail, to the following addresses: City of Memphis | City of Memphis | Permits Office Attn: Risk Management | Attn: Purchasing Agent | Attn. Administrator 2714 Union Ext, # 200 | 125 N Main, Rm 354 | 2714 Union Ave. Ex., #100 Memphis, TN 38112 | Memphis, TN 38103 | Memphis, TN 38112 The certificate of insurance shall state the following: "The City of Memphis, its officials, agents, employees and representatives shall be named as additional insured on all liability policies." The additional insured endorsements shall be attached to the certificate of insurance and the certificate of insurance shall also state: "The additional insured endorsement is attached to the certificate of insurance." WORKERS COMPENSATION: The Company shall maintain in force workers' compensation coverage in accordance with the statutory requirements and minimum limits of the State of Tennessee and shall require all subcontractors to do likewise. Employer's Liability | $100,000.00 | Each Accident $500,000.00 | Disease-Policy Limit $100,000.00 | Disease-Each Employee AUTOMOBILE LIABILITY: Covering owned, non-owned, and hired vehicles with minimum limits of: $1,000,000.00 | Each Occurrence - Combined Single Limits COMMERCIAL GENERAL LIABILITY: Comprehensive general liability insurance, including premises and operations, contractual liability, independent contractor's liability, and broad form property damage liability coverage with minimum limits of: $1,000,000.00 | General Aggregate $1,000,000.00 | Products-Completed Operations $1,000,000.00 | Personal and Advertising Injury $1,000,000.00 | Each Occurrence (Bodily Injury & Property Damage) $50,000.00 | Fire Damage any One Fire $5,000.00 | Medical Expense any One Person PROPERTY INSURANCE: The company shall be responsible for maintaining any and all property insurance on their own equipment and shall require all subcontractors to do likewise. (Ord. No. 5133, § 1(part), 4-18-2006; Ord. No. 5414, § 1(41-30), 11-1-2011)

Memphis Code of Ordinances § 6-88-31 Insurance required for emergency wrecker service and non-consent wrecker operators.

Sec. 6-88-31. - Insurance required for emergency wrecker service and non-consent wrecker operators. A. No license to operate an emergency wrecker service shall be issued, become effective or continue in force and effect unless there is in full force and effect a liability insurance policy covering the wrecker owner and his towing and wrecker operation as follows. Such liability insurance policy shall be with an insurance company authorized to do business in Tennessee and approved by the commission and shall be filed with the secretary of the commission. 1. A garage keeper's legal liability policy covering fire, theft, explosion, and collision in the following amounts: fire, theft and explosion, all in the minimum amount of $100,000.00 collision; 2. A garage liability policy covering the operation of applicant's own business, equipment and/or vehicle in the amount of $750,000.00 combined single limits to cover bodily injury, including death and property damage. B. The policy or policies must contain an endorsement providing for 30 days' notice to the city in the event of any material change or cancellation of the policy or policies. C. The City of Memphis shall be named as an additional insured on each policy provided in this section as set forth in paragraph (A). D. Those permitted to operate a wrecker service or emergency wrecker service shall comply with the insurance requirements contained in this section if they engage in non-consent tows. (Ord. No. 5133, § 1(part), 4-18-2006)

Memphis Code of Ordinances § 6-88-32 Wrecker application.

Sec. 6-88-32. - Wrecker application. Each person applying for a license to operate a wrecker service or an emergency wrecker in the City of Memphis shall pay a one-time fee of $500.00 to have the application investigated by the director of police services or his duly authorized designee which shall include the inspection of each wrecker, storage facility and all remaining requirements. (Ord. No. 5133, § 1(part), 4-18-2006)

Memphis Code of Ordinances § 6-88-33 Issuance of wrecker decals; transfer and display.

Sec. 6-88-33. - Issuance of wrecker decals; transfer and display. When an application for a license under this chapter has been approved by the director of police services and or his duly authorized designee, a wrecker decal shall be issued through the permits office. 1. No person shall operate a wrecker used for towing purposes to remove vehicles from any street, alley, road, highway, or thoroughfare or within the area of the city or for towing vehicles over the area of the city unless a wrecker decal approved by the director of police services or his/her duly authorized designee is obtained from the permits office for each such wrecker vehicle. 2. A wrecker decal issued hereunder shall not be sold, assigned, mortgaged or otherwise transferred. Written notification must be submitted to the permits office immediately upon the licensee terminating the wrecker service or upon revocation. 3. A current wrecker decal, issued by the permits office, shall be prominently and conspicuously displayed on each wrecker at all times. 4. Types of decals. a. General purpose. A general purpose decal permits towing of vehicles where the owner has consented to the control of the vehicle to a third party such as a repair shop; repossessions but not for violations whether private property or otherwise. b. Non-consent. A non-consent decal permits the towing of vehicles for violations whether private property, city, state or federal violations. c. Emergency. The term "emergency wrecker service" means the removal of motor vehicles from the streets, alleys, roads, highways and thoroughfares within the area of the metropolitan government when there is an emergency situation. An emergency decal will signify that general purpose and non-consent towing are also authorized. (Ord. No. 5133, § 1(part), 4-18-2006; Ord. No. 5414, § 1(41-33), 11-1-2011)

Memphis Code of Ordinances § 6-88-34 License and decal responsibility.

Sec. 6-88-34. - License and decal responsibility. Upon approval of a wrecker service license it shall be the responsibility of the applicant to purchase from the permits office a wrecker decal and any other such decals which shall at all times be prominently displayed on the windshield of each wrecker used for towing purposes. (Ord. No. 5133, § 1(part), 4-18-2006)

Memphis Code of Ordinances § 6-88-35 Expiration and renewal—Decal fees.

Sec. 6-88-35. - Expiration and renewal—Decal fees. A. All wrecker decals issued under this article shall expire on April 15 of each year and shall be renewed between March 1 and April 15 of each year. B. A decal fee of $50.00 for each wrecker vehicle in use shall be paid to the permits office to defray the cost of administration of this chapter. This fee will be required for all wrecker services, emergency and non-consent, unless the application is made after September 1, in which event such fee shall be $25.00 for any new truck placed in use or any newly licensed company. (Ord. No. 5133, § 1(part), 4-18-2006)

Memphis Code of Ordinances § 6-88-36 Reserved.

Memphis Code of Ordinances § 6-88-37 Reserved.

Memphis Code of Ordinances § 6-88-38 Reserved.

Memphis Code of Ordinances § 6-88-39 Reserved.

Memphis Code of Ordinances § 6-88-40 Reserved.

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_CH6-88WRTOOP_ART2PEREFetched: 10/28/2026