sb 0084

CHAPTER 196

SB 84 - FINAL VERSION

AN ACT relative to funeral processions.

SPONSORS: Sen. Pignatelli, Dist 13; Sen. O'Hearn, Dist 12; Rep. O'Neil, Dist 18; Sen. Eaton, Dist 10; Sen. D'Allesandro, Dist 20; Sen. Gatsas, Dist 16; Rep. Artz, Hills 34; Rep. D. Cote, Hills 29; Rep. Pepino, Hills 40; Rep. Dwyer, Hills 43

This bill adds special rules for funeral processions to the rules of the road for motor vehicles.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to funeral processions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

196:1 New Subdivision; Special Rules for Funeral Processions. Amend RSA 265 by inserting after section 154 the following new subdivision:

I. "Funeral procession" means 2 or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, or other location at which the funeral service is to be held, in the daylight hour, including a funeral lead vehicle or a funeral escort vehicle.

II. "Funeral lead vehicle" means any non-law enforcement vehicle being used to lead and facilitate the movement of a funeral procession. A funeral hearse may serve as a funeral lead vehicle.

III. "Funeral escort" means a person or entity that provides escort services for funeral processions, including law enforcement personnel and agencies.

265:156 Funeral Procession Right-Of-Way; Funeral Escort Vehicles; Funeral Lead Vehicles. Notwithstanding any provision of this chapter to the contrary, the following provisions shall apply:

I. The operator of a funeral lead vehicle shall comply with stop signs and traffic control signals. When the funeral lead vehicle has proceeded across an intersection in accordance with a signal or after stopping as required by a stop sign, all vehicles in the funeral procession may proceed without stopping, regardless of the sign or signal. The lead vehicle and the vehicles in the funeral procession shall proceed with due caution. Operators of vehicles in a funeral procession shall have the right-of-way.

II. All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe. Each vehicle of the funeral procession shall be appropriately marked by having funeral flags or windshield signage, and headlights, taillights, and, if so equipped, hazard flasher on. A funeral escort or funeral lead vehicle shall use and be equipped with a purple flashing or emergency light.

I. Operators of vehicles not a part of the funeral procession may not form a procession and have the vehicle's headlights lighted for the purpose of securing the right-of-way granted by this subdivision to funeral processions. No driver of a vehicle not part of the funeral procession shall drive between the vehicles comprising the funeral procession while in motion except when authorized to do so by a police officer or when such vehicle is an emergency vehicle giving an audible or visible signal.

II. Operators of vehicles not part of a funeral processional shall not join a funeral procession for the purpose of securing the right-of-way granted in RSA 265:156, I.

III. An operator of a vehicle not in a funeral procession shall not attempt to pass vehicles in a funeral procession on a 2-lane highway or roadway.

IV. When a funeral procession is proceeding through a red signal as permitted by RSA 265:156, I, a vehicle that is not in the funeral procession may not enter the intersection, even if the vehicle is facing a green signal, unless it can do so without crossing the path of the funeral procession.

196:2 Emergency Lights; Funeral Lead Vehicle Added. Amend RSA 266:74, I to read as follows:

I. It shall be unlawful for any motor vehicle equipped with an emergency light to be driven on the ways of the state. This provision shall not apply to vehicles of any law enforcement agencies or officers, forestry departments, fire departments, volunteer ambulance drivers, volunteer members of fire departments, state, city or town highway or public works departments, public utilities, wreckers, public or private ambulances, private snow removal vehicles, emergency highway service vehicles, postal service vehicles, funeral escort and lead vehicles, and such other vehicles as determined by the director. Emergency lights shall not be in operation except during an emergency, and in the case of private snow removal vehicles, while such vehicle is actively in use in snow removal, and, in the case of postal service vehicles, while such vehicle is actively engaged in delivering mail.

196:3 EmergencyLights; Funeral Lead Vehicle Added. Amend RSA 266:74, I to read as follows:

I. It shall be unlawful for any motor vehicle equipped with an emergency light to be driven on the ways of the state. This provision shall not apply to vehicles of any law enforcement agencies or officers, forestry departments, fire departments, volunteer ambulance drivers, volunteer members of fire departments, state, city, or town highway or public works departments, public utilities, wreckers, public or private ambulances, private snow removal vehicles, emergency highway service vehicles, postal service vehicles, school buses, funeral escort and lead vehicles, and such other vehicles as determined by the director. Emergency lights shall not be in operation except during an emergency, and in the case of private snow removal vehicles, while such vehicle is actively in use in snow removal, and, in the case of postal service vehicles, while such vehicle is actively engaged in delivering mail, and, in the case of school buses, while such school bus is actively engaged in the transportation of students.

196:4 Contingency. If HB 663 of the 2001 legislative session becomes law, then section 3 of this act shall take effect on January 1, 2002, and section 2 of this act shall not take effect. If HB 663 does not become law, then section 2 of this act shall take effect on January 1, 2002, and section 3 of this act shall not take effect.

II. The remainder of this act shall take effect January 1, 2002.

II. Remainder shall take effect January 1, 2002)