2003 -- H 5294

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LC00616

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

     Introduced By: Representatives Coogan, Slater, Reilly, Lally, and McNamara

     Date Introduced: January 29, 2003

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-27-16 of the General Laws in Chapter 31-27 entitled "Motor

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Vehicle Offenses" is hereby repealed in its entirety.

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     31-27-16. Funeral processions. -- (a) Any person who operates a motor vehicle on any

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of the highways of this state in such manner as to willfully interject a funeral cortege shall be

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guilty of a civil violation.

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      (b) For the purpose of this section, "funeral cortege" is defined as a procession of motor

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vehicles clearly identified by operating headlights, signs, flags, or other identifying devices, as

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participating in a funeral.

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     SECTION 2. Title 31 of the General Laws entitled "Motor and Other vehicles" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 51

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FUNERAL PROCESSION ACT

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     31-51-1. Definitions. - - (a) “Funeral director” and “funeral establishment” shall have the

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same meanings set forth in chapter 5-33.2-1 of the general laws.

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     (b) “Funeral procession” means two (2) or more vehicles accompanying the body or the

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cremated remains of a deceased person, in the daylight hours, including a funeral lead vehicle or a

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funeral escort vehicle.

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     (c) “Funeral lead vehicle” means any motor vehicle, including a funeral hearse, properly

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equipped pursuant to this chapter, leading and facilitating the movement of a funeral procession.

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     (d) “Funeral escort” means a person or entity that provides escort services for funeral

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processions, including, but not limited to, law enforcement personnel and agencies.

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     (e) “Funeral escort vehicle” means any motor vehicle properly equipped pursuant to this

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chapter and which escorts a funeral procession.

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     31-51-2. Equipment. - - (a) All nonlaw enforcement funeral escort vehicles and funeral

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lead vehicles shall be equipped with at least one lighted rotating or oscillating lamp exhibiting an

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amber light or lens visible under normal atmospheric conditions for a distance of at least five

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hundred (500) feet from the front of the vehicle. A funeral escort vehicle or a funeral lead vehicle

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may illuminate a rotating or oscillating amber light only when the vehicle is in use in a funeral

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procession.

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     (b) Any law enforcement funeral escort vehicle may be equipped with a red, blue, or

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amber flashing light which meet the criteria established in subsection (a) of this section.

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     31-51-3. Driving in funeral procession. - - (a) Operators of vehicles in a funeral

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procession must exercise due care when participating in a funeral procession.

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     (b) A vehicle in a funeral procession shall follow the preceding vehicle in the funeral

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procession as closely as is practicable and safe. Any ordinance, law, or regulation requiring that

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motor vehicles be operated to allow sufficient space between them to enable another vehicle to

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enter and occupy that space without danger shall not be applicable to vehicles in a funeral

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procession.

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     (c) The operator of a motor vehicle in a funeral procession may not drive the vehicle at a

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speed greater than:

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     (i) Fifty-five (55) miles per hour on a highway where the posted speed limit is fifty-five

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(55) miles per hour or more; or

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     (ii) Five (5) miles per hour below the posted speed limit on other streets or roads.

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     (d) A vehicle being operated in any funeral procession must have its headlights and tail

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lights illuminated.

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     (e) The turn signals must be flashing simultaneously as warning lights on a vehicle that is

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the first vehicle in a funeral procession and which the operator has reason to believe is the last

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vehicle in the funeral procession.

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     31-51-4. Funeral procession right-of-way. - - (a) Except as provided in subsection (d)

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of this section, pedestrians and operators of all vehicles shall yield the right-of-way to any vehicle

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which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead

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vehicle.

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     (b) Whenever the funeral escort vehicle or funeral lead vehicle in a funeral procession

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lawfully enters an intersection, either by reason of a traffic control device or at the direction of

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law enforcement personnel, the remaining vehicles in the funeral procession may continue to

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follow the funeral lead vehicle through the intersection despite any traffic control devices or

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right-of-way provisions of state or local ordinances, provided the operator of each vehicle

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exercises reasonable care toward any other vehicle or pedestrian on the roadway.

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     (c) Except as provided in subsection (d) of this section, an operator of a funeral escort

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vehicle may direct the operators of other vehicles in a funeral procession to proceed through an

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intersection or to make turns or other movements despite any traffic control device. The operator

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of a funeral escort vehicle may direct and control the operators of vehicles not in a funeral

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procession, including those in or approaching an intersection, to stop, proceed, or make turns or

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other movements without regard to a traffic control device. Funeral escort vehicles may exceed

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the speed limit by fifteen (15) miles per hour when overtaking the funeral procession to direct

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traffic at the next intersection.

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     (d) Funeral processions shall have the right-of-way at intersections regardless of traffic

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control devices, subject to the following conditions and exceptions:

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     (i) Operators of vehicles in a funeral procession shall yield the right-of-way to an

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approaching emergency vehicle giving an audible or visible signal;

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     (ii) Operators of vehicles in a funeral procession shall yield the right-of-way when

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directed to do so by law enforcement personnel; and

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     (iii) Operators of vehicles in a funeral procession must exercise due care when

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participating in a funeral procession.

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     31-51-5. Vehicles not in funeral procession. - - The operator of a vehicle that is not

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part of a funeral procession may not:

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     (a) Drive between the vehicles forming a funeral procession while they are in motion

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except when authorized to do so by law enforcement personnel or when driving an authorized

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emergency vehicle emitting an audible or visible signal.

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     (b) Join a funeral procession to secure the right-of-way as granted by this chapter.

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     (c) Pass a funeral procession on a multiple lane highway on the funeral procession’s right

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side unless the funeral procession is in the farthest left lane.

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     (d) Enter an intersection, even if the operator is facing a green traffic control signal, when

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a funeral procession is proceeding through a red traffic control signal at the intersection as

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permitted under this chapter, unless the operator can do so without crossing the path of the

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funeral procession. If the red signal changes to green while the funeral procession is within the

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intersection, the operator of the vehicle facing a green signal may proceed subject to the right-of-

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way of a vehicle participating in a funeral procession.

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     (e) Any person who willfully violates this section shall be guilty of a civil violation.

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     31-51-6. Liability. - - (a) Liability for any death, personal injury or property damage

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suffered by any person in a funeral procession shall not be imposed upon the funeral director,

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funeral establishment, funeral escort or their employees or agents if the funeral procession was

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operating in compliance with this chapter or would have been operating in such compliance but

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for the operator or operators of one or more vehicles in the funeral procession not exercising due

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care as required by this chapter.

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     (b) Liability for any death, personal injury or property damage that results from, is caused

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by, or arises out of any action or inaction of any operator of a vehicle in a funeral procession

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under the control of a funeral director funeral establishment, funeral escort or their employees or

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agents shall not be imposed upon such funeral director, funeral establishment, funeral escort or

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their employees or agents if the funeral procession was operating in compliance with this chapter

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or would have been operating in such compliance but for the operator or operators of one or more

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vehicles in the funeral procession not exercising due care as required by this chapter.

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     (c) This section shall not apply if the death, personal injury, or property damage allegedly

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arose from the negligent acts or omissions in the operation of a vehicle by the funeral director,

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funeral establishment, funeral escort, or their employees or agents. The operator of a vehicle in a

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funeral procession shall not be deemed to be an agent of the funeral director, funeral

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establishment, or funeral escort unless such operator is an employee of the funeral director,

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funeral establishment, or funeral escort and is acting in the course of their employment, or unless

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the operator was retained as an independent contractor of the funeral director, funeral

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establishment, or funeral escort and is performing services thereto.

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     (d) This section does not create a new cause of action or substantive legal rights against

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any funeral director, funeral establishment, funeral escort, or their employees or agents. This

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section does not affect any immunities from civil liability or defenses established by another

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section of the general laws or any immunities from civil liabilities or defenses available at

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common law to which a funeral director, funeral establishment, funeral escort, or their employees

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or agents may be entitled.

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     SECTION 3. This act shall take effect upon passage.

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LC00616

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

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     This act would establish the funeral procession act.

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     This act would take effect upon passage.

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LC00616

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