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§ 27-49-113. Funeral processions -- Right-of-way -- Definitions

AR Code § 27-49-113 (2018) (N/A)
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(a) As used in this section:

(1) "Funeral escort vehicle" means a motor vehicle that leads or facilitates the movement of a funeral procession and is equipped as required by § 27-36-306(a)(1), including without limitation:

(A) A hearse;

(B) A motor vehicle owned by a funeral home or private funeral escort company; or

(C) A motorcycle owned by a funeral home or private funeral escort company;

(2) "Funeral procession" means a funeral escort vehicle and one (1) or more motor vehicles accompanying the body or cremated remains of a deceased person from a funeral home, church, or other location to the burial site or cemetery;

(3) "Immediate hazard" means any motor vehicle approaching so near or so quickly that a reasonably careful person would realize that there is a danger of collision or accident; and

(4) "Motor vehicle" means a vehicle that is self-propelled and used to transport a person or property upon a street or highway, including without limitation a motorcycle.

(b) Except as provided in subsection (c) of this section, a funeral procession may proceed through an intersection without stopping after a funeral escort vehicle has proceeded into the intersection in compliance with any official traffic control device governing the traffic in the intersection.

(c) (1) A funeral procession has the right-of-way at an intersection as described under subsection (b) of this section, except that a funeral escort vehicle or a motor vehicle that is a part of a funeral procession shall yield the right-of-way:

(A) To an authorized emergency vehicle as defined in § 27-49-219 [repealed] if the authorized emergency vehicle is displaying its rotating or flashing emergency lights;

(B) When directed to yield or stop by a law enforcement officer;

(C) To an approaching railroad train; or

(D) To oncoming traffic that constitutes an immediate hazard.

(2) If a motor vehicle that is a part of a funeral procession becomes separated from the funeral procession so that the funeral procession is no longer continuous, the driver of the motor vehicle shall:

(A) Proceed to his or her destination; and

(B) Obey all official traffic control devices and general rules of the road.

(d) A motor vehicle that is a part of a funeral procession shall:

(1) Display its lighted:

(A) Headlamps;

(B) Tail lamps; and

(C) Flashing lights as provided in § 27-36-208(c); and

(2) Follow the preceding motor vehicle in the funeral procession as closely as is reasonable and prudent to keep the motor vehicles in the funeral procession together.

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