§ 20-157.1. Funeral processions. - North Carolina Statutes

§ 20‑157.1.  Funeralprocessions.

(a)        As used in thissection, a "funeral procession" means two or more vehiclesaccompanying the remains of a deceased person, or traveling to the church,chapel, or other location at which the funeral services are to be held, inwhich the lead vehicle is either a State or local law enforcement vehicle,other vehicle designated by a law enforcement officer or the funeral director,or the lead vehicle displays a flashing amber or purple light, sign, pennant,flag, or other insignia furnished by a funeral home indicating a funeralprocession.

(b)        Each vehicle in thefuneral procession shall be operated with its headlights illuminated, if soequipped, and its hazard warning signal lamps illuminated, if so equipped.

(c)        The operator of thelead vehicle in a funeral procession shall comply with all traffic‑controlsignals, but when the lead vehicle in a funeral procession has progressedacross an intersection in accordance with the traffic‑control sign orsignal, or when directed to do so by a law enforcement officer or a designee ofa law enforcement officer or the funeral director, or when the lead vehicle isa law enforcement vehicle which progresses across the intersection while givingappropriate warning by light or siren, all vehicles in the funeral processionmay proceed through the intersection without stopping, except that the operatorof each vehicle shall exercise reasonable care towards any other vehicle orpedestrian on the highway. An operator of a vehicle that is not part of thefuneral procession shall not join the funeral procession for the purpose ofsecuring the right‑of‑way granted by this subsection.

(d)        Operators ofvehicles in a funeral procession shall drive on the right‑hand side ofthe roadway and shall follow the vehicle ahead as closely as reasonable andprudent having due regard for speed and existing conditions.

(e)        Operators ofvehicles in a funeral procession shall yield the right‑of‑way tolaw enforcement vehicles, fire protection vehicles, rescue vehicles,ambulances, and other emergency vehicles giving appropriate warning signals bylight or siren and shall yield the right‑of‑way when directed to doso by a law enforcement officer.

(f)         Operators ofvehicles in a funeral procession shall proceed at the posted minimum speed,except that the operator of such vehicle shall exercise reasonable care havingdue regard for speed and existing conditions.

(g)        The operator of avehicle proceeding in the opposite direction as a funeral procession may yieldto the funeral procession. If the operator chooses to yield to the procession,the operator must do so by reducing speed, or by stopping completely off theroadway when meeting the procession or while the procession passes, so thatoperators of other vehicles proceeding in the opposite direction of theprocession can continue to travel without leaving their lane of traffic.

(h)        The operator of avehicle proceeding in the same direction as a funeral procession shall not passor attempt to pass the funeral procession, except that the operator of such avehicle may pass a funeral procession when the highway has been marked for twoor more lanes of moving traffic in the same direction of the funeralprocession.

(i)         An operator of avehicle shall not knowingly drive between vehicles in a funeral procession bycrossing their path unless directed to do so by a person authorized to directtraffic. When a funeral procession is proceeding through a steady or strobe‑beamstoplight emitting a red light as permitted by subsection (c), an operator of avehicle that is not in the funeral procession shall not enter the intersectionknowing a funeral procession is in progress, even if facing a steady or strobe‑beamstoplight emitting a green light, unless the operator can do so safely withoutcrossing the path of the funeral procession.

(j)         Nothing in thissection shall be construed to prevent State or local law enforcement officersfrom escorting funeral processions in law enforcement vehicles.

(k)        A violation of thissection shall not constitute negligence per se.

(l)         To the extent thata local government unit's ordinance is in direct conflict with any part of thisstatute, the ordinance shall control and prevail over the conflicting part.

(m)       A violation of thissection shall not be considered a moving violation for purposes of G.S. 58‑36‑65or G.S. 58‑36‑75. (1999‑441, s. 1.)