House File 2537 - Introduced
HOUSE FILE
BY LYKAM, McCARTHY, and
COHOON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the operation of funeral escort vehicles.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 6517YH 81
4 dea/cf/24
PAG LIN
1 1 Section 1. Section 321.324A, Code 2005, is amended to read
1 2 as follows:
1 3 321.324A FUNERAL PROCESSIONS.
1 4 1. For purposes of this section, "funeral procession" the
1 5 following definitions apply:
1 6 a. "Escort vehicle" means a vehicle displaying a flashing
1 7 or revolving amber and red light visible to pedestrians and
1 8 motorists in all directions while accompanying a funeral
1 9 procession.
1 10 b. "Funeral procession" means a procession of motor
1 11 vehicles displaying lighted headlamps while accompanying the
1 12 body of a deceased person during daylight hours which is being
1 13 escorted by a and accompanied by an escort vehicle continually
1 14 displaying its emergency signal lamps flashing simultaneously
1 15 and using lighted head lamps and identifying flags, and
1 16 keeping all other motor vehicles with lighted head lamps
1 17 keeping the procession of motor vehicles in close formation.
1 18 2. Notwithstanding any other provisions relating to
1 19 traffic signals and devices, the operator of an escort vehicle
1 20 may interrupt the normal flow of traffic at an intersection as
1 21 necessary to provide for the safe and continuous movement of
1 22 the funeral procession through the intersection. However,
1 23 nothing in this section shall be construed to relieve the
1 24 operator of an escort vehicle from the duty to drive with due
1 25 regard for the safety of all persons using the highway.
1 26 2. 3. Upon the immediate approach of a funeral
1 27 procession, the driver of every other vehicle, except an
1 28 authorized emergency vehicle, shall yield the right=of=way.
1 29 An operator of a motor vehicle which is part of a funeral
1 30 procession shall not be charged with violating traffic rules
1 31 and regulations relating to traffic signals and devices while
1 32 participating in the procession unless the operation is
1 33 reckless.
1 34 3. 4. The funeral home establishment in charge of the
1 35 funeral procession is liable only in connection with the
2 1 procession for any negligent, reckless, or intentional act by
2 2 the funeral home establishment or any employee or agent of the
2 3 funeral home establishment that results in any death, personal
2 4 injury, or property damage suffered during a funeral
2 5 procession.
2 6 Sec. 2. Section 321.423, subsection 2, Code Supplement
2 7 2005, is amended by adding the following new paragraph:
2 8 NEW PARAGRAPH. j. On a vehicle being operated as an
2 9 escort vehicle for a funeral procession as provided in section
2 10 321.324A.
2 11 EXPLANATION
2 12 This bill provides that a vehicle used to escort a funeral
2 13 procession is exempt from the Code provision that prohibits
2 14 the use of certain flashing lights on most motor vehicles.
2 15 The bill requires that an escort vehicle display a flashing
2 16 amber and red light visible in all directions while
2 17 accompanying a funeral procession. The currently required use
2 18 of flashing emergency signal lights and the display of
2 19 identifying flags is eliminated. The bill retains the
2 20 definition of "funeral procession" that requires vehicles in
2 21 such a procession to display lighted headlamps.
2 22 The bill permits the operator of an escort vehicle to
2 23 interrupt the flow of traffic at an intersection in order to
2 24 safely move a funeral procession through the intersection.
2 25 The bill specifies that the operator of a funeral escort
2 26 vehicle is not exempt from the duty to drive with due regard
2 27 for the safety of all persons using the highway.
2 28 LSB 6517YH 81
2 29 dea:nh/cf/24