ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 412
(Senators Love, Schoonover and Fanning, original sponsors)
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[Passed March 12, 1999; in effect ninety days from passage.]
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AN ACT to amend chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-three,
relating to traffic regulations and laws of the road;
providing for right-of-way for funeral processions; defining
terms; establishing equipment requirements; and liability.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twenty-three, to
read as follows:
ARTICLE 23. FUNERAL PROCESSIONS.
§17C-23-1. Definitions.
(a) "Funeral director" and "funeral establishment" have the
same meaning as set forth in section four, article six, chapter
thirty of this code.
(b) "Funeral procession" means two or more vehicles
accompanying the body of a deceased person, or traveling to the
church, chapel, cemetery or other location at which the funeral
service or final disposition is to be held, including a funeral
lead vehicle or a funeral escort vehicle.
(c) "Funeral lead vehicle" means any authorized law
enforcement or nonlaw-enforcement motor vehicle or a funeral
escort vehicle being used to lead and facilitate the movement of
a funeral procession. A funeral hearse may serve as a funeral
lead vehicle.
(d) "Funeral escort" means a person or entity that provides
escort services for funeral processions, including law- enforcement personnel and agencies.
(e) "Funeral escort vehicle" means any motor vehicle that
escorts a funeral procession.
§17C-23-2. Funeral procession right-of-way; funeral escort
vehicles; funeral lead vehicles.
(a) Regardless of any traffic control device or right-of-way
provisions prescribed by state or local ordinance, pedestrians
and operators of all vehicles, except as stated in subsection (c) of this section, 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) When the funeral lead vehicle 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 follow through the
intersection regardless of any traffic control devices or right- of-way provisions prescribed by state or local law.
(c) Funeral processions have the right-of-way at
intersections regardless of traffic control devices subject to
the following conditions and exceptions:
(1) Operators of vehicles in a funeral procession shall
yield the right-of-way to an approaching emergency vehicle giving
an audible or visible signal;
(2) Operators of vehicles in a funeral procession shall
yield the right-of-way when directed to do so by a police
officer; and
(3) Operators of vehicles in a funeral procession must
exercise due care when participating in a funeral procession.
§17C-23-3. Driving in procession.
(a) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely
as is practical and safe.
(b) Any ordinance, law or rule stating that motor vehicles
shall be operated to allow sufficient space enabling any other
vehicle to enter and occupy such space without danger is not
applicable to vehicles in a funeral procession.
§17C-23-4. Liability.
Liability for any death, personal injury or property damage
suffered on or after the first day of July, one thousand nine
hundred ninety-nine, by any person in a funeral procession may
not be imposed upon a funeral director or funeral establishment
or their employees or agents unless the death, personal injury or
property damage is proximately caused by the negligent or
intentional act of a funeral director or funeral establishment or
their employees or agents.
§17C-23-5. Equipment.
All nonlaw-enforcement funeral escort vehicles and funeral
lead vehicles may be equipped with at least one lighted
circulation flashing lamp exhibiting an amber or purple light or
lens. Flashing amber or purple lights may be used when such
vehicles are used in a funeral procession.