SPONSOR: Rep. Price & Rep. Cloutier &
Rep. Wagner & Sen. Bunting; Reps. Brady, Carey, DiPinto, Gilligan, Quillen, Spence, Ulbrich, West; Sens. Simpson, Winslow
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO FUNERAL PROCESSIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
(Two-Thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Title 21 of the Delaware Code by creating a new chapter as follows:
"CHAPTER 71. FUNERAL PROCESSIONS.
§ 7101. Definitions.
(a) "Funeral Director" and "Funeral Establishment" shall have the same meaning as set forth in § 3101, Title 24 of the Delaware Code.
(b) "Funeral Procession" means two or more vehicles, including a funeral lead vehicle or a funeral escort vehicle, accompanying the body of a deceased person or traveling to the church, chapel or other location where the funeral service or entombment is to be held.
(c) "Funeral Lead Vehicle" means any authorized law enforcement vehicle, or non-law enforcement motor vehicle property equipped pursuant to § 7102 of this Chapter or a funeral escort vehicle being used to lead and facilitate the movement of a funeral procession. A hearse may serve as the funeral lead vehicle.
(d) "Funeral Escort" means a person or entity that provides escorts for funeral processions including funeral home personnel, law enforcement personnel and/or any other agency authorized by the Department of Public Safety to operate emergency vehicles.
(e) "Funeral Escort Vehicle" means any motor vehicle that is properly equipped pursuant to § 7102 of this Chapter and which escorts a funeral procession.
§ 7102. Equipment.
(a) All nonlaw-enforcement funeral lead vehicles and funeral escort vehicles shall be equipped with at least one lighted flashing lamp exhibiting a purple color visible under normal atmospheric conditions for a distance of 500 feet from the front of the vehicle. Flashing purple lights may also be used on vehicles such as hearses, limousines or other vehicles in a funeral procession. Flashing purple lights may be used only when such vehicles are used in a funeral procession.
(b) Any vehicle used by law enforcement, fire service, emergency medical services or any other authorized emergency vehicle leading, escorting or assisting a funeral procession shall be exempt from the purple light requirement established in subsection (a).
§ 7103. Driving in Funeral Processions.
(a) Pedestrians and operators of vehicles not part of a funeral procession, shall not drive between, obstruct, hinder or in any way interfere with the vehicles of a funeral procession being led by a funeral lead vehicle or funeral escort vehicle.
(b) Unless directed to proceed through an intersection by law enforcement personnel, a funeral lead vehicle or funeral escort vehicle in a funeral procession must come to a complete stop at a red traffic signal or a stop sign. However, other vehicles in the procession may proceed past a red traffic signal or stop sign if the lead vehicle in the procession started through the intersection while the traffic signal was green or, in the case of a stop sign, the lead vehicle first came to a complete stop before proceeding through the intersection.
(c) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe.
(d) Any ordinance, law, or regulation stating that motor vehicles shall be operated to allow sufficient space enabling any other vehicle to enter and occupy such space without danger shall not be applicable to vehicles in a funeral procession.
(e) Each vehicle which is part of a funeral procession shall have its headlights, either high or low beam, and tail lights activated, and may also use the flashing hazard lights if the vehicle is so equipped.
(f) Funeral processions shall be 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 and/or visual signal.
(2) Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer.
(3) Operators in a funeral procession must exercise due care when participating in a funeral procession.
§ 7104. Liability.
(a) Liability for any death, personal injury, or property damage suffered by any person in a funeral procession shall not be imposed upon the funeral director or funeral establishment, or their employees or agents unless such death, personal injury, or property damage is proximately caused by the negligent or intentional acts of an employee or agent of the funeral director or funeral establishment.
(b) A funeral director, funeral establishment, funeral escort, or any other participant that leads, organizes, or participates in a funeral procession in accordance with this section shall be presumed to have acted with reasonable care.
(c) Except for a grossly negligent or intentional act by a funeral director or funeral establishment there shall be no liability on the part of a funeral director or funeral establishment for failing to use reasonable care in the planning or selection of the route to be followed by the funeral procession."
This Act provides for the orderly procession of vehicles involved in a funeral. The Act further provides that a funeral director or establishment shall not be liable for injuries sustained by persons in the funeral procession unless the funeral director or establishment, or its agents, are negligent or intentionally caused injury.