AMEND FUNERAL PROCESSION LAW.

View NCGA Bill Details2019-2020 Session
House Bill 293 (Public) Filed Wednesday, March 6, 2019
AN ACT TO ALLOW FUNERAL PROCESSIONS TO HAVE THE RIGHT-OF-WAY AT INTERSECTIONS REGARDLESS OF TRAFFIC CONTROL SIGNS OR SIGNALS AND TO PROVIDE IMMUNITY TO THE FUNERAL DIRECTOR OR FUNERAL ESTABLISHMENT FOR ANY DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE CAUSED BY THE ACTION OR INACTION OF A PERSON OPERATING A VEHICLE IN A FUNERAL PROCESSION.
Intro. by Alexander, Hunter, Boles.

Status: Ref to the Com on Transportation, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 7 2019)
H 293

Bill Summaries:

  • Summary date: Mar 6 2019 - More information

    Amends GS 20-157.1 to add definitions of funeral director and funeral establishment. Also amends the definition of funeral procession to reference a "funeral establishment" instead of "funeral home."

    Provides that when the lead vehicle in a funeral procession has lawfully progressed across an intersection, all vehicles in the procession may proceed through the intersection without stopping (removes requirement that progression be in accordance with the traffic control sign or signal). Gives a funeral procession the right of way at intersections regardless of traffic control signs or signals, except that the operator of any vehicle in a procession must yield the right of way to emergency vehicles giving appropriate warning, and must yield the right of way when directed to do so by a law enforcement officer. Makes conforming changes to subsection (i), pertaining to other vehicle operators while a funeral procession is in progress. Effective December 1, 2019, and applies to offenses committed on or after that date.

    Allows a funeral establishment to only use a lead vehicle in a funeral procession that is not a State or local law enforcement vehicle upon registering with the Division of Motor Vehicles (DMV) and paying a $100 fee to the DMV. Requires the registration to include a description of each vehicle that will be used by the funeral establishment as the lead vehicle in a funeral procession and any additional information requested by the DMV. Provides that the registration is to be in a form prescribed and furnished by the DMV. Allows the registration to be submitted electronically. Establishes that this registration does not expire, but requires a funeral establishment to amend its registration prior to using a vehicle not described in its initial registration prior to using a vehicle not described in its initial registration. Prohibits the DMV from charging an additional fee for an amendment to an initial registration. Sets a $250 fine for a violation of this provision. Clarifies that a violation of the provision is not negligence per se. Directs fees collected under this provision to be credited to the Highway Fund. Effective December 1, 2019, and applies to funeral processions held on or after that date.

    Provides that a funeral director, funeral establishment, or any of its employees or agents are not liable for any death, personal injury, or property damage resulting from, caused by, or arising from any action or inaction of an operator of a vehicle in a funeral procession if (i) the funeral procession was operating in accordance with the provisions of this section or (ii) the funeral procession would have been operating in accordance with the provisions of this section but for a negligent act or omission in the operation of one or more vehicles in the funeral procession. Specifies instances when a vehicle operator is deemed to be an agent of the funeral director or establishment. Effective December 1, 2019, and applies to death, personal injury, or property damage occurring on or after that date.

    Effective December 1, 2019.


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