Funeral Processions and the Right-of-Way

By Gary L. Wickert and Nicole M. Ways | July 3, 2014

  • July 7, 2014 at 11:03 am
    Robert Trotta says:
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    So, according to the information listed after the article, it would seem that the gentleman could proceed through the red light since VA law is “not explicit with respect to the issue of traffic signals or signs.” Hope that cop knows all about KARMA!

    • July 7, 2014 at 12:20 pm
      Tweety Bird says:
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      It states “It is NOT explicit with respect to the issue of traffic signals or signs.
      1. fully and clearly expressed or demonstrated; leaving nothing merely implied; unequivocal: explicit instructions.
      2. clearly developed or formulated: explicit knowledge; explicit belief.
      So, if it’s not clearly defined how the heck do we get around this? I guess get a lawyer to reprsent you in court

  • July 7, 2014 at 12:13 pm
    Tweety Bird says:
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    VIRGINIA: Virginia law gives a funeral procession a general right-of-way on any street through which it passes if it is traveling under a police or sheriff’s escort. It is not explicit with respect to the issue of traffic signals or signs. It authorizes localities to provide police escort service and impose reasonable fees to defray costs. No vehicle may join, pass through, or interfere with the funeral procession. Va. Code Ann. § 46.2-828.

  • July 7, 2014 at 1:15 pm
    Huh! says:
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    My concern is that the officer in question disregarded the yellow funeral tag after it was brought to his attention. If his judgment is that poor, he needs more training.

  • October 24, 2014 at 11:31 am
    Fred Carter says:
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    As Registered Lobbyist for the Virginia Morticians Association, I would like to take this case as an example to change the Virginia Statutes. Please contact me through the above email or 757 870 2133, my cell

  • January 22, 2015 at 10:43 pm
    Tap122 says:
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    Your information is incorrect for Georgia.

  • March 10, 2015 at 2:53 pm
    Lt. M. Wilder says:
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    Georgia Law:
    O.C.G.A. 40-6-76 (2010)
    40-6-76. Funeral processions

    (a) As used in this Code section, a “funeral procession” means an array of motor vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a funeral procession unless led by a state or local law enforcement vehicle and each vehicle participating in the funeral procession is operating its headlights.

    (b) Funeral processions shall have the right of way at intersections subject to the following conditions and exceptions:

    (1) Operators of vehicles in a funeral procession shall yield the right of way upon the approach of an authorized emergency vehicle or law enforcement vehicle giving an audible and visual signal; and

    (2) Operators of vehicles in a funeral procession shall yield the right of way when directed to do so by a traffic officer.

    (c) Funeral processions escorted by the police, a sheriff, or a sheriff’s deputy shall have the right of way in any street or highway through which they may pass. Local governments may, by ordinance, provide for such escort service and provide for the imposition of reasonable fees to defray the cost of such service.

    (d) The operator of a vehicle not in a funeral procession shall not interrupt a funeral procession except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle or law enforcement vehicle giving an audible and visual signal.

    (e) Operators of vehicles not a part of a funeral procession shall not join a funeral procession by operating their headlights for the purpose of securing the right of way granted by this Code section to funeral processions.

    (f) The operator of a vehicle not in a funeral procession shall not attempt to pass vehicles in a funeral procession on a two-lane highway.

    (g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00.

    (h) Any law enforcement officer who is directing or escorting a funeral procession in this state, whether such service is provided while on duty or not, shall enjoy the same immunities from liability as the officer possesses while in the performance of other official duties.

  • May 29, 2015 at 10:14 am
    TLW says:
  • August 18, 2015 at 10:39 am
    D.W. says:
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    Re-Check your information for the State of Oklahoma. HR2255 of 2012 “The Patriot Guard Funeral Procession Act” was signed into law.

  • July 16, 2016 at 11:26 am
    April says:
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    I live in Brunswick County NC. The county police here have always been so good about escorting funeral processions. You see them by the road at churches and funeral homes waiting to stop traffic. If you see them waiting by a stop light at an odd time of day, they are usually waiting for a procession that is expected to come thru so they can stop traffic. I’ve also never seen a procession here without one in the lead and usually in the rear as well. Our last Sheriff was a stickler about it, and his successor has been just as diligent.

  • April 4, 2017 at 12:25 pm
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    I’m sure there are updates to this web page, because there’s an LA R.S. code that supersede the information given in this article.

    If a driver violate the above mentioned RS code, that’s a $100.00 dollar ticket. I’ve already gotten one and was unable to beat it in court… Knowledge is power!

    • December 26, 2018 at 2:53 pm
      Sharon says:
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      What is an LA R.S. code Mr. Harvey?



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