(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FUNERAL DIRECTOR and FUNERAL ESTABLISHMENT. Have the same meaning as set forth in W.Va. Code § 30-6-3.
FUNERAL ESCORT. A person or entity that provides escort services for funeral processions, including law enforcement personnel and agencies.
FUNERAL ESCORT VEHICLE. Any motor vehicle that escorts a funeral procession.
FUNERAL LEAD VEHICLE. Any authorized law enforcement or non-law enforcement motor vehicle or a funeral escort vehicle being used to lead and facilitate the movement of a funeral procession. A funeral hearse may serve as a FUNERAL LEAD VEHICLE.
FUNERAL PROCESSION. Two or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, cemetery or other location at which the funeral service or final disposition is to be held, including a funeral lead vehicle or a funeral escort vehicle.
(B) Funeral procession right-of-way.
(1) Regardless of any traffic-control device or right-of-way provisions prescribed by state or local ordinance, pedestrians and operators of all vehicles, except as stated in division (B)(3) below, shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle.
(2) When the funeral lead vehicle lawfully enters an intersection, either by reason of a traffic- control device or at the direction of law enforcement personnel, the remaining vehicles in the funeral procession may follow through the intersection regardless of any traffic-control devices or right-of-way provisions prescribed by state or local law.
(3) Funeral processions have the right-of-way at intersections regardless of traffic-control devices subject to the following conditions and exceptions:
(a) Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible or visible signal;
(b) Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer; and
(c) Operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession.
(C) Driving in procession.
(1) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe.
(2) Any ordinance, law or rule stating that motor vehicles shall be operated to allow sufficient space enabling any other vehicle to enter and occupy such space without danger is not applicable to vehicles in a funeral procession.
(D) Liability. Liability for any death, personal injury or property damage suffered on or after 7-1-1999 by any person in a funeral procession may not be imposed upon a funeral director or funeral establishment or their employees or agents unless the death, personal injury or property damage is proximately caused by the negligent or intentional act of a funeral director or funeral establishment or his, her or its employees or agents.
(E) Equipment. All non-law enforcement funeral escort vehicles and funeral lead vehicles may be equipped with at least one lighted circulation flashing lamp exhibiting an amber or purple light or lens. Flashing amber or purple lights may be used when such vehicles are used in a funeral procession.
(Prior Code, § 349.08) Penalty, see § 75.999
Statutory reference:
Related provisions, see W.Va. Code Art. 17C-23