|
So, ever find yourself in an
escort situation? Maybe it a Patriot Guard Mission or perhaps something else.
Now this is a bit over kill for a PGR mission, but it never hurts to "think
escort" and draw from the experience of others. Who knows it may save your life
and or others. Perhaps the most important things to remember are; Keep the
escort formation tight as all times, keeps your eyes and ears open at all times,
do not ride beyond your abilities and never assume.
So I will divide this up a
little.
Section I, deals with Funeral
escorts,
Section II, police escort
methods,
Section III, lists "right of way
laws" per state as of 2004.
SECTION I
How Safe are
Funeral Processions?
By Grant McKenzie
The Funeral Procession is an
organized, dignified, solemn and respectful parade for the purpose of conveying
the deceased and mourners from the place of service to the cemetery or
crematorium for a committal service. Recent increases in average road speed and
traffic volume have given rise to concerns about the safety of mourners in
processions and other motorists who encountered funeral corteges. Funeral
directors adopted the practice of placing funeral flags on mourners' cars and
asking drivers to turn on their high beam headlights. Many funeral directors add
amber caution lights to their lead cars and in some cases to their funeral
coaches. In metropolitan areas police escorts have become commonplace.
Intersections controlled by
stop signs or traffic lights present not only the problems of dealing with cross
traffic, but also the problem created by the platoon effect. A procession
pulling away from a traffic control intersection with the lead car traveling at
a steady 40 km/h results in drivers of cars at the end of the line traveling at
speeds often in excess of the speed limit to try to keep up. Furthermore, recent
proliferation of daytime running lights for cars have made it more difficult for
motorists to distinguish an oncoming funeral procession from other traffic.
In the past, most police
officers have turned a blind eye to funeral processions proceeding unencumbered
through intersections against red lights or without all cars stopping at stop
signs. This is clearly illegal and an unsafe practice and has resulted in the
occasional accident and regrettably some deaths.
To address these concerns about
twenty years ago our firm began placing cards in visitation rooms and on
register book stands offering suggestions for driving as part of a funeral
procession and stating that it was illegal to proceed through stop lights and
signs.
Several concerns still need to be
addressed.
-
Identification of Funeral
Processions: Unlike the red lights of emergency vehicles (police, fire,
ambulance), amber lights do not provide the identification funeral processions
desperately need. Purple is not being used for any other purpose in North
America. It is distinct, visible and also a color long associated with
funerals. The highway traffic act prohibits the use of red lights except for
emergency vehicles and blue lights except for snowplows. Amber can be used by
anyone. Several Lambton County funeral directors and all the funeral homes in
Sarnia were quick to adopt the purple light program.
We learned several things from our trial usage. A light, which combines both
rotating halogen lights with strobe lights, is highly visible. It's also noisy
on the inside of the car and in cold winter weather; the rotating feature
tends to be sluggish. Multiple flash strobe lights are quieter and also very
visible. During trials we observed that purple lights seemed to get quicker
reactions from other drivers (probably because of curiosity) and also because
the multi-flash feature is more visible than our old single flash amber
strobe.
Despite the lights on the lead vehicle, most drivers don't react until they
see the funeral coach. I would recommend that purple strobe lights be attached
to the roof of the funeral coach for maximum visibility. They are usually one
of the highest, most distinct vehicles in a procession. Vehicles further down
the line become less recognizable because funeral flags or banners tend to be
hard to read or recognize. Thus purple Strobe lights on every tenth or
fifteenth vehicle would increase safety and recognizability. This coupled with
magnetic door signs with a minimum four-inch high letters "FUNERAL" on either
side of the lead car, in addition to headlights and the use of four way
flashers, will greatly increase visibility.
-
Education of drivers in
processions: This can best be achieved by providing every driver with a card
outlining the law and important tips for safety as well as verbal
announcements to drivers prior to leaving the funeral home or place of
service.
-
Education of the public: We began
this process last summer with T.V. news stories about purple lights on CFPL
T.V. London and CKCO T.V. Kitchener and written reports in the Sarnia
Observer, Sarnia This Week and Business Trends magazine. More press releases
are planned.
-
Training for the drivers of escort
vehicles: If the escort is a police vehicle, all concerned need to know that
once the police escort passes through the intersection the following funeral
procession is unprotected. If drivers in cross traffic have a green light they
will likely notice only the green light not the funeral cars in the
intersection and thus will drive blindly through. Police assistance needs to
involve control of an intersection until all funeral procession vehicles have
passed through. It doesn't necessarily have to be a formal arrangement, but
police officers encountering a procession should be encouraged to take control
of the intersection.
-
Funeral home personnel
driving escort vehicles need to be trained to observe intersections some
distance ahead. Watch for flashing "don't walk" signs as an indication that
the light is about to turn red. Vary your speed so that you are able to stop
for red lights then start up again when the light turns green... A full green
light gives the best opportunity for most funeral car drivers to clear the
intersection. If the light turned green before you are near the intersection
slow down to catch the red light and allow stragglers to catch up. Watch other
drivers, catch their eye, and don't pull away from an intersection controlled
by STOP signs or traffic lights until the cross traffic has stopped. Remember
the platoon effect. The cars at the end of a procession must drive faster to
keep up. Therefore the lead vehicle should be driven at least 10 km/h less
than the posted speed limit.
As a safety
concern for those driving in a procession (as well as motorists encountering a
procession) the following precautions are recommended:
-
Please
drive with your high beam headlights and four-way flashers on and seat belt
fastened.
-
Remain as
close to the car ahead as safety permits to prevent interference from side
traffic.
-
Funeral
corteges have no legal right to preceed through an
intersection against a red light or through a stop sign without first coming
to a full stop. As a driver you can be held liable for damages caused by
failing to stop.
-
If you
should become separated from the funeral procession, please proceed via the
most direct route to the intended destination while observing the normal rules
of the road.
DO NOT ATTEMPT TO CATCH UP TO THE PROCESSION.
-
Upon arriving at the church or
cemetery, please remain in your vehicle with the doors closed until adjoining
vehicles are in place or until a directive from the funeral home staff.
-
Please remember to turn off
headlights and four-way flashers.
SECTION II
Escort Procedures By Sgt. Rob
Grimsley
Escorts have been a part
of police motorcycle duty for many years. I grew up in Northern Virginia and
seeing police motorcycle escort of dignitaries was an everyday occurrence to me.
As a young child seeing these powerful gleaming motorcycles with the lights
flashing and the motor officer setting a top this machine, boots shining and the
sunglasses automatically demanded respect. The traffic around Washington, DC and
the northern Virginia area would part like the Red Sea when a police motorcade
was coming.
The police motorcycle is without a doubt the most maneuverable police
vehicle in your fleet. This is one of the biggest reasons why escorts are a huge
part of our daily duties. We can get out in front and move heavy traffic to
clear the way for the escort that will be coming (you can never leave too early
to get out and secure a traffic control point). Unlike an officer in a car, when
traffic is grid locked, cars don’t have any place to go. We can split traffic
and solve that problem.
Escorts are also one of the most dangerous duties that we perform. If you
have had any time on a motor, I’m sure you will agree with me. I feel the
biggest problem in escorts is a lack of communication. You should treat a small
funeral escort like you would a Presidential escort. Obviously you would not put
as much preparation into a funeral escort as you would a Presidential, but you
should communicate the same. What I mean by this is every motor officer should
be briefed on the route of the escort, the type of escort procedure you will be
using, and what radio frequency you will be working on. You should get together
with the Funeral Director and make sure that their staff understands what route
you will be utilizing and at what speed you want the procession to travel. Once
you arrive at your ending destination, all motor officers involved in the escort
should immediately meet somewhere and have a quick debrief. This should only
take a few minutes to cover what went right or wrong, and see if anybody has
anything to add. This briefing will help make your escorts safer. If someone has
something that they would like to discuss, now is the time to do it. If you wait
until later on, they may forget to bring it up, or it may not have the same
impact that it would have had meeting immediately.
When you are dealing with other jurisdiction (OJ) motors, the
communication becomes even more important. Types of escort procedures, radio
communications, knowing the area and rider skill level all comes into play. When
you know you are having other jurisdiction motors assist with an escort, it
would be beneficial and much safer if you get together a day or two before the
escort to discuss the above topics. If you don’t have that luxury, at least have
them get together an hour or two prior to the start of the escort to discuss the
game plan. You want to make sure that all officers that will be assisting in the
escort are on the same sheet of music. When you have other jurisdiction motors
getting together for an escort, usually for a fallen officer’s funeral or a VIP
escort through multiple jurisdictions, there are ways to make this work without
stepping on someone’s toes. Let’s face it, most motor officers have big egos and
are very proud of what we do. We want to shine and look good for our agencies
and ourselves. But most importantly, we cannot forget the mission that must be
accomplished. An easy and simple solution to this is having “Ceremonial Riders”.
(A ceremonial rider position is in the front of who ever or what ever you are
escorting. These motors turn on their lights and stay in this position and
simply just ride in the escort. They are not a part of the working motors.).
When motor officers travel form other areas for a fallen officer’s funeral to
pay their respect, not to include them I feel is disrespectful. Place them in
the ceremonial rider position and have them ride there. It is a task that needs
to be performed, and they don’t have to worry about catching intersections or
traffic control points. If the other jurisdiction motors are not familiar with
the type of escort procedure you’re performing, it wont matter because they are
not considered a working motor. Remember they’re riding in the ceremonial
position.
As always, training is paramount and escorts are no different. I suggest
that at some point during your motor training, you should go over the different
types of escort procedures. Even with your most seasoned rider, a good refresher
or update will not hurt. If you are fortunate that you have other jurisdiction
motors that train with you, this will make your escorts that much safer. Making
sure that everyone is on the same sheet of paper will cause you less headaches
down the road. This training does not have to be an in-depth training session.
Discuss the different types of escort procedures in a classroom setting. Discuss
the pros and cons to each. Then go out to a large open parking lot and practice
mock escorts in a controlled environment. I suggest starting off actually
walking through the escorts, so your riders can see and understand prior to
actually getting on their motors. It is easy to stop in the middle of walking
through an escort and discuss or answer any questions someone may have. After
you are comfortable with this, then practice riding through these mock escorts
in a controlled environment. We recently held a one week training seminar where
we had all the motor officers in our surrounding area get together and work on
different topics of motor officer safety. Escorts were a huge part of this
training. It was an excellent opportunity for other jurisdiction motors to work
together and get the escort procedures hammered down.
There are three main types of
escort procedures:
1) The “Reel” or “Shuffle”
2) The Leap Frog
3) The Bump and Go
The following is quick
synopses of the three different types of escort procedures.
The “Reel” or “Shuffle”
This is a standard procedure that allows motor officers to conduct the
escort in a safe, organized manner that requires little to no communication
between officers. It gives motor officers a standard formation to make escort
execution safer for the escorting officer. The “Reel” or “Shuffle” will start
when the lead motor (1st motor on the left) goes ahead and secures a traffic
control point. As the lead motor leaves the formation, the # 2 motor (which is
the right side of the leader) moves over to assume the lead motor spot. The # 2
motor is responsible for maintaining lateral spacing between motors. All the
motors behind the # 2 motor position should be directly in the wheel track of
the # 2 motor. The motor officer located in the # 3 motor position (directly
behind the lead motor) moves diagonally over to occupy the # 2 motor position.
This will continue all the way back. Motor officers should keep approximately
one and half to two motorcycle lengths between the motorcycle in front of you.
The distance should be uniform from front to the rear of the formation. Fairfax
County Police Department Motorcycle Squad uses this procedure with great
results. When it comes to the “Reel” or “Shuffle”, I would consider Fairfax
County Police Department Motorcycle Squad in Fairfax, Virginia to be the experts
on this procedure.
The Leap Frog
This method is where a motor officer will secure a traffic control point.
That motor officer will keep this traffic control point secure as all the motors
and vehicles in the procession pass through. Once the entire procession has
cleared this traffic control point, that motor will then clear the traffic
control point and work his/her way back up the rear of the working motors.
The Bump and Go
This procedure is where a motor officer will secure a traffic control
point. A second motor officer will then enter the traffic control point and
relieve the original motor officer. That original motor officer will then
proceed on to the next traffic control point and either secure it or relieve
another motor officer. Thus you get the bump and go.
You should be familiar with all three types of escorts. The type of escort, whom
you are escorting and the environment will determine what type of escort
procedure you will implement. I personally don’t think you can say one type of
escort is better than the other. Bottom line is if it works for you and everyone
in the escort understands the procedure you’re doing and you arrive safely, that
is what we are striving for. Regardless of what type of escort procedure you’re
executing, leave a motor or a police car in the rear of the procession to secure
the rear so no one is passing the procession. This will give your motors plenty
of room to pass and work their way back up to the front. If you are securing the
rear with a motor, after the procession passes an intersection or traffic
control point, the motor that was holding that traffic control point would
relieve the tail or rear motor and he/she would work their way back up to the
front of the procession. This way the same motor is not stuck in the rear of the
entire procession. This process would change each time a traffic control point
was passed.
When a motor is securing a
traffic control point, he/she needs to make sure that they are as visible as
possible. Make sure you stop your motor in the most advantageous position you
can, without interfering with the procession. If you are using the “Bump and Go”
method make sure that the motor does not leave the traffic control point until
the other motor is in the intersection or traffic control point. That way an
angry motorist in a hurry doesn’t think the procession is over and jumps the gun
right out into the procession or another motor officer coming by. If you are
using the “Leap Frog” method, I suggest you come up with some type of hand
signal to give to your fellow motor officers as they are proceeding passed you
in the intersection, to let them know that that traffic control point is secure
for them to proceed through. We hold up our thump, which tells the other motor
officers that this intersection is secure and you may proceed through. If the
officer does not see a “thumps up”, then they know they need to slow down, that
something is not secure. At nighttime, we call it out on the radio “all secure”.
You should try to keep radio traffic to a minimum. The “Reel of Shuffle” is good
in the sense that it takes very little communication and everyone gets equal
work and equal representation. The “Reel” or “Shuffle” is a very efficient
escort procedure and works very well. However; the “Reel” or “Shuffle” is an
escort procedure that must be practiced and make sure that all officers
understand this procedure.
When it comes to a newly assigned motor officer to your squad, let him/her ride
in the back and front of who ever you’re escorting to observe for several
escorts. Let them see
how it is done, before you have them as a working motor. Make sure they have a
working knowledge of how the escort is supposed to work.
When it comes to escorts involving the U.S. Secret Service, I suggest you
contact your local field office and invite them out to your training day. Here
in South Carolina, the U.S. Secret Service works great with us. The
U.S. Secret Service was more than willing to come in and give us a presentation
on their perspective of motorcades. They answered a lot of questions that motor
officers had over the years. Think about it, if you’re not a supervisor you
normally don’t get invited to the Secret Service briefings. By having the Secret
Service come in and conduct motorcade training, all your motor officers will
understand what is going on and will be more willing to do what you ask when
these VIP escorts come up that involve the U.S. Secret Service.
In conclusion, remember to include escorts in your training and document
it. If you don’t document your training it didn’t happen. Include all the motors
in your area in this training so everyone understands and is on the same sheet
of music. Communicate, communicate, and communicate. I can’t say it enough.
Don’t out ride your ability and always expect the unexpected. Remember whomever
you’re escorting, “they need you, you don’t need them.”
Ride Safe.
Rob Grimsley is an 18-year
veteran of law enforcement and currently a Sergeant with the Charleston County
Sheriff’s Office in Charleston, South Carolina. Sergeant Grimsley is assigned to
the Traffic Division. He is also an adjunct instructor for The University of
North Florida (IPTM).
|
March 12, 2004 |
|
2004-R-0303 |
|
RIGHT-OF-WAY OF FUNERAL PROCESSIONS |
You asked which states have
laws specifically authorizing drivers in a funeral procession to go through a
red traffic light legally.
SUMMARY
Only one state,
Nevada, specifically allows the lead or escort vehicle in a funeral procession
to go through a red light. Five states, Arizona, Idaho, Kentucky, Montana, and
North Dakota, grant funeral processions the right-of-way at intersections
without regard to any traffic control signal. In these states, the escort
vehicle driver can direct the procession to proceed through an intersection or
make any necessary movements despite any traffic control signals. These laws
imply that the lead funeral escort vehicle can disregard a red traffic signal.
In 15 other states,
properly identified vehicles in a funeral procession can disregard a red light
and pass through the intersection if the lead vehicle lawfully went through the
signal when it was green and subsequently changed to red.
Proper identification
usually involves lighted headlights, but some states also require other
identification, such as flags or flashing lights. In Michigan, the law gives
funeral processions the right-of-way at intersections, but it is not specific
with respect to traffic signals. Several court decisions have interpreted the
authority to include signalized intersections as well.
In Iowa, the law is
not specific regarding intersections, but provides that drivers of vehicles in
the procession cannot be charged with violating traffic rules and regulations
with regard to traffic devices and signals, unless operating the vehicle
recklessly.
Six other states also
have laws relating to the continuity of funeral processions, although they do
not specifically grant right-of-way.
STATES WITH LAWS GRANTING RIGHT-OF-WAY
States with Laws Concerning Right-of-Way at
Intersections
Nevada.
The law authorizes a vehicle escorting a funeral
procession to (1) go through a red light or stop sign after slowing down as
necessary, (2) exceed the posted speed limit by up to 15 miles per hour to
overtake the procession and direct traffic at the next intersection, and (3)
disregard regulations on direction of movement or turning when directing the
movement of the other vehicles in the procession (Nev. Rev. Stat. 484. 261).
While these privileges are part of the law authorizing special actions by police
and other emergency vehicles, the law does not expressly require a funeral
escort vehicle to be such a police or emergency vehicle.
Arizona.
The law allows a funeral escort vehicle driver
holding a class D driver’s license and exhibiting a red or red and blue light to
(1) direct the vehicles in the procession and other vehicles approaching the
procession to stop, proceed, or make any necessary movements without regard to
any traffic control device and (2) exceed the speed limit by up to 15 miles per
hour to overtake the procession so it can direct traffic at the next
intersection. All other vehicles and pedestrians, except emergency vehicles,
must yield the right-of-way to funeral processions. Vehicles in the procession
must exercise due care (Ariz. Rev. Stat. § 28-776).
Idaho.
The law defines a funeral procession as two or
more vehicles accompanying the body of a dead person in the daytime. Funeral
processions have the right-of-way at intersections regardless of traffic control
devices. The funeral escort vehicle may (1) direct the other vehicles in the
procession to proceed through an intersection or to make any other movements or
turns, regardless of any traffic control device, and (2) exceed the speed limit
by up to 15 miles per hour when overtaking the procession to direct traffic at
the next intersection. Processions must yield the right-of-way to emergency
vehicles or when directed by a police officer. The law also provides that
whenever the funeral escort vehicle enters an intersection, the other vehicles
can follow without regard to any traffic control device, provided they exercise
reasonable care (Idaho Code § 49-2701).
Kentucky.
The law defines a funeral procession
as at least two vehicles accompanying the body of a dead person when every
vehicle has its headlights lit or displays a pennant. It is not specific as to
whether funeral processions may go through a red light, but it grants them
right-of-way at intersections if the escort vehicle displays flashing red,
yellow, or blue lights, and each vehicle exercises due care. Processions must
yield to emergency vehicles, trains, or when directed otherwise by a police
officer. Other vehicles cannot drive between, interfere with, or pass the
procession unless directed by a police officer (Ky. Rev. Stat. Ann. § 189. 378).
Montana.
The law requires pedestrians and other
vehicles, except emergency vehicles and when a police officer directs otherwise,
to yield the right-of-way to funeral processions. It is not specific with regard
to right-of-way for the escort vehicle at intersections, but states that the
driver of the funeral escort vehicle may direct the other vehicles in the
procession to proceed through an intersection or make any other movements
despite any traffic control device. Once the lead escort vehicle has entered an
intersection lawfully, all other vehicles may proceed without regard to the
traffic signal (Mon. Code Ann. § 61-8-380).
North Dakota.
The law grants processions the
right-of-way and allows a law enforcement officer leading a funeral procession
to proceed through an intersection or direct traffic despite any traffic control
device. The other vehicles in the procession can then follow the police officer,
regardless of the traffic signal. Vehicles in a funeral procession must yield
the right-of-way to emergency vehicles or if directed by a police officer. All
vehicles in the procession must have their headlights lit, and their emergency
lights flashing and they must be as closely spaced as safely possible. Other
vehicles may not drive between, join, pass on a two-lane road, or cross the path
of vehicles in a funeral procession (N. D. Cent. Code § 39-10-72).
Other States Granting Right-of-Way
Iowa.
Funeral procession lead vehicles must have
flashing emergency lights, lit headlights, and identifying flags. All vehicles
in the procession must keep headlights lit and drive close together. Other
vehicles, except emergency vehicles, must yield the right-of-way to the
procession. The law is not specific regarding intersections, but it provides
that drivers of
vehicles in the procession
cannot be charged with violating traffic rules and regulations with regard to
traffic devices and signals, unless operating the vehicle recklessly (Iowa Code
§ 321. 324A).
Illinois.
The law gives funeral processions the
right-of-way at intersections when headlights are lit. The lead vehicle must
comply with stop signs and traffic lights, but once it has done so, all the
following vehicles can proceed without stopping, provided they exercise due
caution. Also, the procession must yield to an approaching emergency vehicle or
when directed by a police officer. Vehicles not in the procession cannot enter
it unless directed by a police officer and other vehicles cannot join the
procession and turn on their headlights in order to gain the right-of-way
granted to the procession (625 Ill. Comp. Stat. 5/11-1420).
Indiana. This law is identical to the
Illinois statute in its requirements except that the lead vehicle in the
procession must have alternatively flashing red and blue lights (Ind. Code §
9-21-13-1 to –6).
Wisconsin.
This law is identical to the Illinois
statute in its requirements except that it grants these privileges to military
convoys as well as funeral processions (Wis. Stat. § 346. 20).
Florida.
This law defines a funeral procession as two or
more vehicles accompanying the body of a dead person in the daytime when all
vehicles have their headlights lit. The lead vehicle, if not a law enforcement
vehicle, must have a flashing amber light. The law requires all pedestrians and
vehicles, except emergency vehicles, to yield right-of-way to the procession. If
the lead vehicle enters an intersection legally, the other vehicles may follow
it regardless of a changing traffic signal, stop sign, or yield sign provided
they exercise due care to prevent collisions. Other drivers are prohibited from
driving between vehicles in the procession, if their headlights are on, unless
directed by a police officer (Fla. Stat. § 316. 1974).
Maryland.
The law allows anyone in a procession to pass
through a red light as long as the first vehicle in the procession went through
it while it was still green. This privilege is accorded only if a vehicle’s
headlights are on. While the procession goes through the red signal, any other
vehicle with a green light can enter the intersection only if it will not cross
the procession’s path (Md. Code Ann. § 21-207).
Michigan.
The law gives a funeral procession the
right-of-way over all other vehicles, except emergency vehicles, when it is
going to a place of burial. The vehicles in the procession must display a
special orange flag to be accorded this privilege. The law contains no provision
requiring lighted headlights. The Michigan courts have apparently defined “place
of burial” to include the procession to both the place where the services are
conducted and the cemetery.
The law is not specific with
respect to intersections controlled by traffic lights, but Michigan courts have
interpreted it to include signalized intersections as well, although the driver
in the procession is expected to exercise due care (Mentel v. Monroe Public
Schools, 47 Mich. App. 467; McClure v. Dukes, 61 Mich. App. 339). The
Michigan law prohibits passing through a funeral procession (Mich. Comp. Laws §
257. 654).
Minnesota.
This law generally requires all
vehicles, except emergency vehicles, to yield the right-of-way to a funeral
procession when all its cars are in close formation with headlights lit. Since
it contains no other specific language establishing a precedence at
intersections controlled by traffic lights, the implication seems to be that all
vehicles must observe the signal (Minn. Stat. § 169. 20).
Missouri.
A funeral procession is defined as two
or more vehicles accompanying the body of a dead person from a funeral
establishment to the place of final disposition or to a place where additional
funeral services will be performed. Funeral lead vehicles must have an amber or
purple light or lens or alternating flashing headlamps. The law gives the
procession the right-of-way, except it must yield to emergency vehicles. Once
the lead vehicle lawfully enters an intersection, all other vehicles in the
procession may follow without stopping, but must exercise due care. All vehicles
in the procession must follow each other as closely as safely possible, and
toll-free passage is given to processions on any toll bridges, tunnels, or other
roads. Other vehicles are prohibited from driving between, joining, attempting
to pass, or crossing the path of a funeral procession (Mo. Rev. Stat. § 194.
500-509).
New Hampshire.
The law requires the operator of the
lead escort vehicle to comply with all stop signs and traffic control signals.
When the lead vehicle has entered an intersection lawfully, the other vehicles
may proceed without regard to the traffic signal. Funeral processions have the
right-of-way. All vehicles in the procession must follow one another as closely
as safely possible and should be marked with funeral flags or windshield signs,
headlights, taillights, and hazard flashers. The escort vehicle must have a
purple flashing or emergency light (N. H. Rev. Stat. Ann. § 265: 156).
North Carolina.
When the lead vehicle has entered an
intersection lawfully, the other vehicles may proceed without regard to the
traffic signal. Funeral processions have the right-of-way, but they must yield
to emergency vehicles or when directed by a police officer. The lead vehicle
must be marked with a light, flag or other insignia indicating a funeral
procession. Each vehicle in the procession must have its headlights lit and
hazard warning lights on. Other vehicles may not attempt to pass or knowingly
drive between vehicles in a funeral procession (N. C. Gen. Stat. § 20-157. 1).
Ohio.
This law defines a funeral procession
as two or more vehicles accompanying a dead person in the daytime and operating
with headlights lit and displaying a purple and white pennant. Pedestrians and
other vehicles, except emergency vehicles or vehicles directed by a police
officer, must yield right-of-way to the procession. The other vehicles in the
procession can follow the lead vehicle that lawfully entered the intersection
regardless of the traffic signal, provided they exercise due care (Ohio Code §
4511. 451).
Oregon.
The law requires other vehicles to yield the
right-of-way to funeral processions, to stop at intersections to allow the
funeral procession to pass, and obey any directions given by the driver of a
funeral escort vehicle. If the funeral escort lead vehicle enters the
intersection lawfully, the other vehicles may follow without stopping.
Processions must yield the right-of-way to emergency vehicles or if directed by
a police officer. The escort vehicle may exceed the speed limit by 10 miles per
hour and cross the center line of a road. Other vehicles may not drive between
or join a funeral procession. Funeral processions are allowed to pass toll-free
through all tollgates (Or. Rev. Stat. § 811. 802 – 812).
Pennsylvania.
The law allows vehicles in a funeral
procession to proceed past a red light or stop sign if the lead vehicle entered
the intersection while the light was still green or if it made a full stop at
the stop sign. Each vehicle in the procession must have its headlights lit,
emergency flashers on, and a flag or other insignia indicating it is part of the
procession. They must yield the right-of-way to emergency vehicles (75 Pa. Cons.
Stat. § 3107).
Tennessee.
The law gives the procession the
right-of-way if the lead vehicle has a flashing amber light or is led by a
“properly identified” escort. As with the other laws, the lead vehicle must
comply with traffic lights and signs, and the other vehicles may follow without
stopping if their headlights are on. Also, the procession must yield to
emergency vehicles or when directed by a police officer. The procession must
drive on the right side of the roadway and be as closely spaced as safely
possible. It must proceed at no less than 45 miles per hour on a limited access
highway and no less than five miles per hour below the posted limit on other
roads. Vehicles following the procession on a two-lane road are prohibited from
attempting to pass it. Other drivers are prohibited from driving between
vehicles in the procession, unless directed by a police officer (Tenn. Code Ann.
§ 55-8-183).
Virginia.
The law gives a funeral procession a general
right-of-way on any street through which it passes if it is traveling under a
police or sheriff’s escort. It is not explicit with respect to the issue of
traffic signals or signs. It authorizes localities to provide police escort
service and impose reasonable fees to defray costs. No vehicle may join, pass
through, or interfere with the funeral procession (Va. Code Ann. § 46. 2-828).
West Virginia.
The law requires other vehicles,
except emergency vehicles or when directed otherwise by a police officer, to
yield the right-of-way to funeral processions. Also, when the lead vehicle
lawfully enters an intersection, the other vehicles in the procession may follow
without regard to any traffic control devices as long as each vehicle exercises
due care. Each vehicle must follow the other as closely as safely possible. All
non-law enforcement escort vehicles must exhibit at least one flashing amber or
purple light (W. Va. Code § 17C-32-1 to –5).
Wyoming.
The law gives the right-of-way to a procession
led by a funeral car or escorted by a police car and displaying flashing lights.
The lead car must comply with traffic lights or signs, but the vehicles
following need not stop if their headlights are on. The procession must yield to
emergency vehicles (Wyo. Stat. § 31-5-123).
Other Statutes of Interest
California.
The only law California has regarding funeral
processions prohibits anyone from disregarding any traffic signal or direction
given by a peace officer authorized to escort a procession and in uniform (Cal.
Veh. Code § 2817).
Delaware.
The law prohibits any vehicle not part
of a funeral procession from driving between or interfering with a funeral
procession. All vehicles in a funeral procession must be as closely-spaced as
safely possible, and must have headlights and taillights lit. Vehicles in a
funeral procession must
exercise due caution and yield the right-of-way to emergency vehicles or when
directed by a police officer (Del. Code Ann. §§ 7101-7103).
Massachusetts.
The law provides that a funeral
procession of 10 vehicles or fewer has the right to use any public roadway
subject to the same regulations and restrictions as “pleasure vehicles” (Mass.
Gen. Laws ch. 85 § 14A).
New Jersey.
The law states that if any procession
takes longer than five minutes to pass a given point, it must be interrupted
every five minutes for waiting traffic (N. J. Stat. § 39: 4-93). The ambiguity
of the law was interpreted by a New Jersey court in 1978, which concluded that
it was not intended to give a funeral procession a preferential right-of-way,
nor did it take precedence over the requirement to stop for a red light. The
case arose when a driver entering an intersection under a green light collided
with a member of a procession who had entered against a red light (Pohi v. Topal,
383 A. 2d 435). Authorized emergency vehicles, U. S. mail vehicles, and
physicians’ vehicles have the right-of-way through a procession.
Rhode Island.
The law prohibits anyone from
“willfully” interjecting his vehicle into a funeral procession. The procession
must be clearly identified by headlights, flags, signs, or other devices (R. I.
Gen. Laws § 31-27-16).
|
