BILL NO S01495
SAME AS No same as
Add S1144-b, amd S1129, V & T L
Relates to the safety of funeral processions; provides that vehicles
participating in funeral procession shall have the right-of-way; makes it
illegal for any vehicle to forcefully enter spaces between vehicles in a
procession; provides that vehicles entering a procession illegally shall be
subject to a civil fine of up to $100; provides that drivers in a funeral
procession must exercise reasonable duty of care and shall yield the
right-of-way to emergency vehicles with siren or lights activated.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N S E N A T E
January 13, 2015
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the safety
of funeral processions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1144-b to read as follows:
3 S 1144-B. OPERATION OF MOTOR VEHICLES ON APPROACH OF MOTOR VEHICLES IN
4 A FUNERAL PROCESSION. (A) UPON THE IMMEDIATE APPROACH OF A MOTOR VEHICLE
5 WHICH HAS A BLACK FLAG WITH THE WORD "FUNERAL" AFFIXED TO IT IN THE
6 MANNER PROVIDED FOR IN PARAGRAPH (FF) OF SUBDIVISION TWELVE-A OF SECTION
7 THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE DRIVER OF EVERY OTHER
8 MOTOR VEHICLE SHALL YIELD THE RIGHT-OF-WAY AND SHALL IMMEDIATELY DRIVE
9 TO A POSITION PARALLEL TO, AND AS CLOSE AS POSSIBLE TO, THE RIGHT-HAND
10 EDGE OF THE HIGHWAY, OR TO EITHER EDGE OF A ONE-WAY HIGHWAY THREE OR
11 MORE LANES IN WIDTH, CLEAR OF ANY INTERSECTION, AND SHALL STOP AND
12 REMAIN IN SUCH POSITION UNTIL THE MOTOR VEHICLE DISPLAYING SUCH FLAG HAS
13 PASSED, UNLESS OTHERWISE DIRECTED BY A POLICE OFFICER.
14 (B) THIS SECTION SHALL NOT OPERATE TO RELIEVE THE DRIVER OF A MOTOR
15 VEHICLE PARTICIPATING IN A BURIAL OR FUNERAL PROCESSION FROM THE DUTY TO
16 DRIVE WITH REASONABLE CARE FOR ALL PERSONS USING THE HIGHWAY.
17 (C) ANY PERSON OPERATING A MOTOR VEHICLE IN ACCORDANCE WITH THE
18 PROVISIONS OF THIS SECTION SHALL YIELD THE RIGHT-OF-WAY TO AN AUTHORIZED
19 EMERGENCY VEHICLE ENGAGED IN EMERGENCY OPERATION WITH ITS SIREN OR
20 LIGHTS ACTIVATED.
21 S 2. Subdivision (c) of section 1129 of the vehicle and traffic law is
22 amended to read as follows:
23 (c) Motor vehicles being driven upon any roadway outside of a business
24 or residence district in a caravan or motorcade whether or not towing
25 other vehicles shall be so operated as to allow sufficient space between
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 1495 2
1 each such vehicle or combination of vehicles so as to enable any other
2 vehicle to enter and occupy such space without danger. This provision
3 shall not apply to funeral processions. NOTWITHSTANDING ANY OTHER
4 PROVISION OF THIS SECTION, A DRIVER OF A MOTOR VEHICLE SHALL NOT FORCE-
5 FULLY OR OTHERWISE ENTER THE SPACE BETWEEN MOTOR VEHICLES IN A FUNERAL
6 PROCESSION SO AS TO DISRUPT THE ORDERLY PROGRESSION AND MOVEMENT OF SAID
7 PROCESSION. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION
8 SHALL BE PUNISHED BY A CIVIL FINE OF UP TO ONE HUNDRED DOLLARS.
9 S 3. This act shall take effect immediately.