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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-850. (A) As used in this section, 'funeral procession' means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.
(B) A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:
(1) an emergency vehicle requires the right-of-way;
(2) vehicles in the procession are directed otherwise by a law enforcement officer; or
(3) the vehicle is a train or locomotive.
(C) Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.
(D) A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:
(1) person is authorized to do so by a law enforcement officer; or
(2) vehicle is an emergency vehicle.
(E) A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.
(F) The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.
(G) A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.
(H) When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass or overtake any vehicle in the procession unless the:
(1) person is directed to do so by a law enforcement officer;
(2) procession is on a street, road, or highway outside the corporate limits of a city, town, or urban-county; or
(3) procession is on an interstate highway or a state parkway.
(I) A person who violates this section is guilty of a Class C misdemeanor."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 10:22 A.M.