CHAPTER 456

FORMERLY

HOUSE BILL NO. 308

AS AMENDED BY HOUSE AMENDMENT NOS. 2 AND 3

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 properly 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.

§ 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) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe.

(c) 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.

(d) Each vehicle which is part of a funeral procession shall have its headlights, either high or low beam, and tail lights activated, and , except for Funeral Lead Vehicles and Funeral Escort Vehicles, must have the flashing hazard lights activated if the vehicle is so equipped.

(e) 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. Penalties.

Whoever violates this Chapter shall be guilty of a moving violation, the penalty for which shall be prescribed by § 4205 of this Title.

Approved July 18, 2000