Chapter 396
2008 -- S 2140
Enacted 07/08/08
A N A C T
RELATING
TO MOTOR AND OTHER VEHICLES
Introduced
By: Senator Paul E. Moura
Date
Introduced: January 30, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
31-27-16 of the General Laws in Chapter 31-27 entitled "Motor
Vehicle Offenses" is hereby repealed in its
entirety.
31-27-16.
Funeral processions. -- (a) Any person who operates a motor
vehicle on any
of the highways of this state in such manner as
to willfully interject a funeral cortege shall be
guilty of a civil violation.
(b) For the
purpose of this section, "funeral cortege" is defined as a procession
of motor
vehicles clearly identified by operating
headlights, signs, flags, or other identifying devices, as
participating in a funeral.
SECTION 2. Title
31 of the General Laws entitled "Motor and Other vehicles" is hereby
amended by adding thereto the following chapter:
CHAPTER 52
FUNERAL PROCESSION ACT
31-52-1.
Definitions. - - (a) “Funeral director” and “funeral establishment”
shall have the
same meanings set forth in chapter 5-33.2-1 of
the general laws.
(b) “Funeral
procession” means two (2) or more vehicles accompanying the body or the
cremated remains of a deceased person, in the
daylight hours, including a funeral lead vehicle or a
funeral escort vehicle.
(c) “Funeral
lead vehicle” means any motor vehicle, including a funeral hearse, properly
equipped pursuant to this chapter, leading and
facilitating the movement of a funeral procession.
(d) “Funeral
escort” means a person or entity that provides escort services for funeral
processions, including, but not limited to, law
enforcement personnel and agencies.
(e) “Funeral
escort vehicle” means any motor vehicle properly equipped pursuant to this
chapter and which escorts a funeral procession.
31-52-2.
Equipment. - - (a) All nonlaw enforcement funeral escort vehicles
and funeral
lead vehicles shall be equipped with at least one
lighted rotating or oscillating lamp exhibiting an
amber light or lens visible under normal
atmospheric conditions for a distance of at least five
hundred (500) feet from the front of the
vehicle. A funeral escort vehicle or a funeral lead vehicle
may illuminate a rotating or oscillating amber
light only when the vehicle is in use in a funeral
procession.
(b) Any law
enforcement funeral escort vehicle may be equipped with a red, blue, or
amber flashing light which meet the criteria
established in subsection (a) of this section.
31-52-3.
Driving in funeral procession. - - (a) Operators of vehicles in a
funeral
procession must exercise due care when
participating in a funeral procession.
(b) A vehicle
in a funeral procession shall follow the preceding vehicle in the funeral
procession as closely as is practicable and
safe. Any ordinance, law, or regulation requiring that
motor vehicles be operated to allow sufficient
space between them to enable another vehicle to
enter and occupy that space without danger shall
not be applicable to vehicles in a funeral
procession.
(c) The
operator of a motor vehicle in a funeral procession may not drive the vehicle
at a
speed greater than:
(i) Fifty-five
(55) miles per hour on a highway where the posted speed limit is fifty-five
(55) miles per hour or more; or
(ii) Five (5)
miles per hour below the posted speed limit on other streets or roads.
(d) A vehicle
being operated in any funeral procession must have its headlights and tail
lights illuminated.
(e) The turn
signals must be flashing simultaneously as warning lights on a vehicle that is
the first vehicle in a funeral procession and
which the operator has reason to believe is the last
vehicle in the funeral procession.
31-52-4.
Funeral procession right-of-way. - - (a) Except as provided in
subsection (d)
of this section, pedestrians and operators of
all vehicles shall yield the right-of-way to any vehicle
which is part of a funeral procession being led by
a funeral escort vehicle or a funeral lead
vehicle.
(b) Whenever
the funeral escort vehicle or funeral lead vehicle in a funeral procession
lawfully enters an intersection, either by
reason of a traffic control device or at the direction of
law enforcement personnel, the remaining
vehicles in the funeral procession may continue to
follow the funeral lead vehicle through the
intersection despite any traffic control devices or
right-of-way provisions of state or local
ordinances, provided the operator of each vehicle
exercises reasonable care toward any other
vehicle or pedestrian on the roadway.
(c) Except as
provided in subsection (d) of this section, an operator of a funeral escort
vehicle may direct the operators of other
vehicles in a funeral procession to proceed through an
intersection or to make turns or other movements
despite any traffic control device. The operator
of a funeral escort vehicle may direct and
control the operators of vehicles not in a funeral
procession, including those in or approaching an
intersection, to stop, proceed, or make turns or
other movements without regard to a traffic
control device. Funeral escort vehicles may exceed
the speed limit by fifteen (15) miles per hour
when overtaking the funeral procession to direct
traffic at the next intersection.
(d) Funeral
processions shall have the right-of-way at intersections regardless of traffic
control devices, subject to the following
conditions and exceptions:
(i) Operators of
vehicles in a funeral procession shall yield the right-of-way to an
approaching emergency vehicle giving an audible
or visible signal;
(ii) Operators
of vehicles in a funeral procession shall yield the right-of-way when
directed to do so by law enforcement personnel;
and
(iii) Operators
of vehicles in a funeral procession must exercise due care when
participating in a funeral procession.
31-52-5.
Vehicles not in funeral procession. - - The operator of a vehicle
that is not
part of a funeral procession may not:
(a) Drive
between the vehicles forming a funeral procession while they are in motion
except when authorized to do so by law
enforcement personnel or when driving an authorized
emergency vehicle emitting an audible or visible
signal.
(b) Join a
funeral procession to secure the right-of-way as granted by this chapter.
(c) Pass a
funeral procession on a multiple lane highway on the funeral procession’s right
side unless the funeral procession is in the
farthest left lane.
(d) Enter an
intersection, even if the operator is facing a green traffic control signal,
when
a funeral procession is proceeding through a red
traffic control signal at the intersection as
permitted under this chapter, unless the
operator can do so without crossing the path of the
funeral procession. If the red signal changes to
green while the funeral procession is within the
intersection, the operator of the vehicle facing
a green signal may proceed subject to the right-of-
way of a vehicle participating in a funeral
procession.
(e) Any person
who willfully violates this section shall be guilty of a civil violation.
31-52-6.
Liability. - - (a) Liability for any death, personal injury or
property damage
suffered by any person in a funeral procession
shall not be imposed upon the funeral director,
funeral establishment, funeral escort or their
employees or agents if the funeral procession was
operating in compliance with this chapter or
would have been operating in such compliance but
for the operator or operators of one or more
vehicles in the funeral procession not exercising due
care as required by this chapter.
(b) Liability
for any death, personal injury or property damage that results from, is caused
by, or arises out of any action or inaction of
any operator of a vehicle in a funeral procession
under the control of a funeral director funeral
establishment, funeral escort or their employees or
agents shall not be imposed upon such funeral
director, funeral establishment, funeral escort or
their employees or agents if the funeral
procession was operating in compliance with this chapter
or would have been operating in such compliance but
for the operator or operators of one or more
vehicles in the funeral procession not
exercising due care as required by this chapter.
(c) This
section shall not apply if the death, personal injury, or property damage
allegedly
arose from the negligent acts or omissions in
the operation of a vehicle by the funeral director,
funeral establishment, funeral escort, or their
employees or agents. The operator of a vehicle in a
funeral procession shall not be deemed to be an agent
of the funeral director, funeral
establishment, or funeral escort unless such
operator is an employee of the funeral director,
funeral establishment, or funeral escort and is
acting in the course of their employment, or unless
the operator was retained as an independent
contractor of the funeral director, funeral
establishment, or funeral escort and is
performing services thereto.
(d) This
section does not create a new cause of action or substantive legal rights
against
any funeral director, funeral establishment,
funeral escort, or their employees or agents. This
section does not affect any immunities from
civil liability or defenses established by another
section of the general laws or any immunities
from civil liabilities or defenses available at
common law to which a funeral director, funeral
establishment, funeral escort, or their employees
or agents may be entitled.
SECTION 3. This
act shall take effect upon passage.
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LC00692
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