25 LC 39 4765S
The Senate Committee on Public Safety offered the following
substitute to HB 77:
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; to provide for related3
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:12
(1) Each participating motor vehicle operates with illuminated headlights; and13
(2)(A) The lead vehicle displays a sign, pennant, flag, or other insignia furnished by14
a funeral home indicating a funeral procession unless; or15
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(B) The procession is led by a state or local law enforcement vehicle and each vehicle16
participating in the funeral procession is operating its headlights.17
(b) Funeral processions shall have the right of way at intersections subject to the following18
conditions and exceptions:19
(1) Operators of motor vehicles in a funeral procession shall yield the right of way upon20
the approach of an authorized emergency vehicle or law enforcement vehicle giving an21
audible and visual signal; and22
(2) Operators of motor vehicles in a funeral procession shall yield the right of way when23
directed to do so by a traffic officer.24
(c) Funeral processions escorted by the police, a sheriff, or a sheriff's deputy which are led25
by a state or local law enforcement vehicle shall have the right of way in any street or26
highway through which they may pass.27
(d) Local governments may, by ordinance, provide for such law enforcement escort service28
for funeral processions and provide for the imposition of reasonable fees to defray the cost29
of such service.30
(d)(e) The operator of a vehicle not participating in a funeral procession shall not interrupt:31
(1) Interrupt a funeral procession except when authorized to do so by a traffic officer or32
when such vehicle is an authorized emergency vehicle or law enforcement vehicle giving33
an audible and visual signal.;34
(e)(2) Illuminate the headlights of a vehicle and join a funeral procession for purposes35
Operators of vehicles not a part of a funeral procession shall not join a funeral procession36
by operating their headlights for the purpose of securing the right of way granted to37
funeral processions by this Code section to funeral processions.; or38
(f)(3) Attempt The operator of a vehicle not in a funeral procession shall not attempt to39
pass vehicles in a funeral procession on a two-lane highway.40
(f) When a funeral procession is traveling upon a two-lane highway, is led by a state or41
local law enforcement vehicle, and the lead and rear motor vehicles in the funeral42
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procession display flashing hazard lights, the operator of a vehicle not participating in such43
funeral procession shall, except when otherwise directed by a traffic officer, yield the right44
of way and drive to a position parallel to, and as close as safe and practicable to, the45
right-hand curb or edge of the roadway, clear of any intersection, and stop and remain in46
such position until the funeral procession has passed. The provisions of this subsection47
shall not require the operator of a commercial motor vehicle not participating in such48
funeral procession to act in a manner which is contrary to the safe operation of the49
commercial motor vehicle; which would violate federal, state, or local law; or which would50
result in an unsafe condition for the operator, vehicle, vehicle load, or traveling public.51
(g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of52
a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed53
$100.00.54
(h) Any law enforcement officer who is directing or escorting a funeral procession in this55
state, whether such service is provided while on duty or not, shall enjoy the same56
immunities from liability as the officer possesses while in the performance of other official57
duties."58
SECTION 2.59
All laws and parts of laws in conflict with this Act are repealed.60
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