25 LC 39 4412
House Bill 77
By: Representatives Franklin of the 160
th
, Yearta of the 152
nd
, Cameron of the 1
st
, Richardson
of the 125
th
, and Corbett of the 174
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,
1
relating to right of way for operators of motor vehicles, so as to revise responsibilities of2
motor vehicle operators when encountering a funeral procession on a two-lane highway; to3
provide for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to right7
of way for operators of motor vehicles, is amended by revising Code Section 40-6-76,8
relating to funeral processions, as follows:9
"40-6-76.10
(a) As used in this Code section, a
the term 'funeral procession' means an array of motor11
vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished12
by a funeral home indicating a funeral procession unless led by a state or local law13
enforcement vehicle and each vehicle participating in the funeral procession is operating14
its headlights.15
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(b) Funeral processions shall have the right of way at intersections subject to the following
16
conditions and exceptions:17
(1) Operators of vehicles in a funeral procession shall yield the right of way upon the18
approach of an authorized emergency vehicle or law enforcement vehicle giving an19
audible and visual signal; and20
(2) Operators of vehicles in a funeral procession shall yield the right of way when21
directed to do so by a traffic officer.22
(c) Funeral processions in which both the lead and rear vehicles display flashing hazard
23
lights or which are escorted by the police, a sheriff, or a sheriff's deputy shall have the right24
of way in any street or highway through which they may pass, and, upon any two-lane25
highway, the operator of every vehicle not participating in such funeral procession shall26
yield the right of way and shall immediately drive to a position parallel to, and as close as27
possible to, the right-hand edge or curb of the roadway clear of any intersection and shall28
stop and remain in such position until the funeral procession has passed, except when29
otherwise directed by a traffic officer. Local governments may, by ordinance, provide for30
such law enforcement escort service and provide for the imposition of reasonable fees to31
defray the cost of such service.32
(d) The operator of a vehicle not in a funeral procession shall not interrupt a funeral33
procession except when authorized to do so by a traffic officer or when such vehicle is an34
authorized emergency vehicle or law enforcement vehicle giving an audible and visual35
signal.36
(e) Operators of vehicles not a part of a funeral procession shall not join a funeral37
procession by operating their headlights for the purpose of securing the right of way38
granted by this Code section to funeral processions.39
(f) The operator of a vehicle not in a funeral procession shall not attempt to pass vehicles40
in a funeral procession on a two-lane highway.41
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(g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of42
a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed43
$100.00.44
(h) Any law enforcement officer who is directing or escorting a funeral procession in this45
state, whether such service is provided while on duty or not, shall enjoy the same46
immunities from liability as the officer possesses while in the performance of other official47
duties."48
SECTION 2.49
All laws and parts of laws in conflict with this Act are repealed.50
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