An Overview of Funeral Procession Laws
In Ohio, as in many states, funeral procession laws are designed to ensure that those following the deceased’s remains to the final resting place are able to do so without obstruction or distraction from other drivers. When an entire group of vehicles must traverse through traffic as a unit, it is essential that all drivers cooperate with one another in order to avoid accidents and other potentially fatal circumstances. If you understand the importance of funeral procession laws , you can more easily appreciate the consequences of violating them. Funeral processions must yield to emergency vehicles and law enforcement vehicles on a chase. While those participating in the funeral procession are required to yield to emergency vehicles, this does not absolve the emergency vehicles of their responsibility to yield to funeral processions. Those not involved in a funeral procession are required to abide by the processional as it moves through traffic.
Funeral Procession Rights in Ohio
Ohio law gives special rights to funeral processions, but it may place some responsibility on them as well. Drivers in a funeral procession have the right of way at intersections, and they may disobey other traffic signals such as lane restrictions and one way streets, according to Ohio state law. However, all vehicles in a funeral procession must yield to emergency vehicles that are sounding horns, or exhibiting flashing lights. While Ohio law does not require vehicles in a funeral procession to turn on their headlights when the procession is traveling, Ohio state law has declared that lights on a vehicle can be considered an implement of safety. So they are allowed to use lamps on the vehicle that would otherwise be illegal to display, like neon lights.
Drivers’ Responsibilities in Funeral Processions
When you encounter a funeral procession, it is important to understand your legal responsibility as well as the courteous behaviors that are completely appropriate even if not mandated by law. So, how exactly does this work in Ohio? The very first thing to know is that vehicles in a funeral procession have the right of way no matter what. Ohio Revised Code Section 4511.73 states: (1) The operator of an authorized emergency vehicle, police patrol wagon, or funeral procession shall have the right-of-way, except where said right-of-way is modified by other provisions of the law. (2) No driver of a vehicle shall fail to yield the right-of-way to an authorized emergency vehicle, police patrol wagon, or funeral procession which is sounding a Siren or displaying alternately blinking, colored lights as provided in this section. In other words, NEVER try to beat a funeral procession through a red light or an intersection, regardless of other traffic laws. In fact, many times there are law enforcement officers in the procession to help keep traffic moving smoothly. A funeral procession in Ohio is a specific group of vehicles, one following the other, which has been stopped by another Ohio Revised Code Section, 4511.45. The law says that a non-procession driver must give right-of-way to vehicles in a funeral procession and does not allow any vehicle to join a funeral procession unless it is already part of the procession. Before a funeral procession embarks on a journey, the funeral director must ask first whether or not any of the vehicles will be cooperating with the Ohio Revised Code. If so, then the non-participating vehicles must stop and allow the funeral procession, all in their designated order of procession, to pass before continuing their trip.
Penalties for Funeral Procession Violations
The consequences for violating funeral procession laws in Ohio can be significant. If a driver is found to have willfully or maliciously violated the law, he or she may be charged with a second-degree misdemeanor and fined $750. The law also authorizes courts to impose up to 90 days in jail. The driver may be charged with a first-degree misdemeanor for any subsequent violations and fined up to $1,000. A repeat offender may also face up to six months in jail.
It is important to note, however, that these maximum penalties are only imposed in cases where a violation is found to be willful or malicious. In cases where a driver inadvertently cuts through a procession, he or she may receive a summons to appear in municipal court, where the matter could be handled more leniently.
In addition, specific jurisdictions may have ordinances outlining particular penalties for violations. Because these ordinances can differ by county, city, etc., it is essential to be fully aware of the municipal laws in place where you are located.
Misconceptions about Funeral Processions
Common misconceptions are hurdles for the unprepared – especially when it comes to the law of Ohio funeral processions. Let’s bust those in this section.
Most people assume that there are special privileges or rights given to funeral processions in every state. While there is a measure of consistency across the U.S. that protects funeral processions, not all states are created equal when it comes to the rules and regulations governing them. Ohio specifically requires interfered funeral processions to yield right-of-way to emergency and police vehicles. Elsewhere, recklessness can be punished with fines and criminal charges. People assume that people will yield to a funeral procession and not jump stage left at the last minute. Drivers are not generally taught to consider the movement of a procession in other lanes of traffic. That leaves open the possibility that at any moment, someone is going to dart right into the lane of the procession or not recognize that you’re a part of a long stream of cars that have the right-of-way . As a result, you should be extremely cautious and slow as you merge into a lane with a procession in it. Some people assume that the amount of harm and potential for injury or death is limited because all the vehicles in a funeral procession are moving slowly. A fire truck moving slowly is still plenty capable of killing someone at a reasonable speed. In addition, as the procession travels through the community, the vehicles present the potential for a very dangerous vehicle accident at almost any intersection. The overall assumption about funeral processions for many people is that no one is going to pay attention to them. The reality is that people are primarily focused on the task directly in front of them. Even when the funeral procession is well-marked with headlights and your car has the required insignia, it is very easy for motorists to miss a procession. That’s why it’s so important that you be both cautious and vigilant.
Recent Revisions in Ohio Law
Ohio recently passed a bill that allows the Sheriff of each County to issue, upon request, an automatic permit to a funeral procession that would permit the funeral procession to pass through any "through street, intersection or highway" without stopping for traffic signals or other signals. Ohio is attempting to pass legislation in all 88 counties that would require all vehicles to cease movement if they encounter a funeral procession traveling on a roadway in their vicinity. The new Ohio law now states that "it is the duty of the other vehicles on a roadway to give the right-of-way to the vehicles that comprise a -funeral procession by coming to a complete stop when they encounter a vehicle which is part of the funeral procession." Drivers must also give the right-of-way when the funeral procession enters an intersection. A funeral possession may proceed through an intersection without halting when the first vehicle in the procession has obtained a right-of-way permit and such permit is displayed to the driver of the lead vehicle in the procession. Such deceased human remains have a right-of-way over all other traffic on the highways of this state. Ohio Statute gives each offense punishable by a fine not exceeding $500.00 or imprisonment for no more than 30 days or both.
Proper Conduct in a Funeral Procession
The traditional etiquette observed at a funeral extends to the procession. The vehicles in the procession, usually led by a funeral home vehicle and followed by one or more limousines, will be preceded by a procession officer (sometimes appointed by the funeral home) who usually carries a white cane with a red tip.
Other vehicles in the procession will have their headlights on. Participants are expected to turn them off at traffic signals but to keep them on when moving. It is also customary to move slowly and remain in procession while observing all traffic rules. It is improper to pass or cut in and out, and the procession may not be separated except by an emergency vehicle, a separating traffic signal, or an appropriate road sign.
The officer will stop traffic, sometimes with the direction of a law enforcement officer , so all participants may proceed together. Motorists are expected to yield to the vehicle behind the leader and to follow behind it or the subsequent vehicle until the procession has passed, or the leader advises otherwise (the leader may use a special equipment to re-illuminate the light bar on the back of his or her vehicle). All participants should watch for the leader’s signals for a stop, by use of a flasher or hand-held sign.
While participation in a funeral procession is voluntary, it is considered more respectful to join the procession and follow these established protocol. For motorists ahead of the funeral, or at intersections along the route, those not participating in the procession should give way and allow the procession to proceed without interruption or disruption.