Senate Study Bill 3142
SENATE FILE
BY (PROPOSED COMMITTEE ON
TRANSPORTATION BILL BY
CO=CHAIRPERSON McCOY)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to requirements for the use of funeral escort
2 vehicles.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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. An escort vehicle other than a vehicle operated
1 10 by an employee or agent of a funeral home or mortuary shall be
1 11 equipped with a roof=mounted light bar. The required lighting
1 12 for all escort vehicles shall be installed and operated in
1 13 accordance with rules adopted by the department.
1 14 b. "Funeral procession" means a procession of motor
1 15 vehicles displaying lighted headlamps and flashing four=way
1 16 directional signals while accompanying the body of a deceased
1 17 person during daylight hours which is being escorted by a and
1 18 accompanied by an escort vehicle continually displaying its
1 19 emergency signal lamps flashing simultaneously and using
1 20 lighted head lamps and identifying flags, and keeping all
1 21 other motor vehicles with lighted head lamps keeping the
1 22 procession of motor vehicles in close formation.
1 23 c. "Light bar" means a device that can be securely
1 24 attached, either temporarily or permanently, to the roof of a
1 25 motor vehicle and which contains incandescent or halogen
1 26 flashing or rotating lights, electronic strobes or light
1 27 emitting diodes (LEDs), or other lighting capable of providing
1 28 three hundred sixty degrees of warning to other motorists and
1 29 pedestrians.
1 30 2. The operator of an escort vehicle is responsible for
1 31 expediting the safe and orderly movement of the funeral
1 32 procession to its destination. In addition to a flashing or
1 33 revolving amber and red light, the escort vehicle operator may
1 34 use auxiliary warning signals including, but not limited to,
1 35 corner=mounted strobes, a dash=mounted flashing light,
2 1 electronic strobes or LEDs, alternating headlamps, and a siren
2 2 or other audible signal approved by the department, to alert
2 3 motorists and pedestrians of the approach of a funeral
2 4 procession. Nothing in this section shall be construed to
2 5 relieve the operator of an escort vehicle of the duty to drive
2 6 with due regard for the safety of all persons using the
2 7 highway.
2 8 2. 3. Upon the immediate approach of a funeral
2 9 procession, the driver of every other vehicle, except an
2 10 authorized emergency vehicle, shall yield the right=of=way.
2 11 An operator of a motor vehicle which is part of a funeral
2 12 procession shall not be charged with violating traffic rules
2 13 and regulations relating to traffic signals and devices while
2 14 participating in the procession unless the operation is
2 15 reckless.
2 16 3. 4. The funeral home or mortuary in charge of the
2 17 funeral procession is liable only in connection with the
2 18 procession for any negligent, reckless, or intentional act by
2 19 the funeral home or mortuary or any employee or agent of the
2 20 funeral home or mortuary that results in any death, personal
2 21 injury, or property damage suffered during a funeral
2 22 procession.
2 23 5. The department shall adopt rules relating to equipment
2 24 required for escort vehicles under this section. The rules
2 25 shall provide for temporary lighting equipment which may be
2 26 used on vehicles owned or operated by a funeral home or
2 27 mortuary. The rules shall also provide for light bars which
2 28 meet the requirements of both this section and section
2 29 321E.34, so that an escort vehicle so equipped may be utilized
2 30 to escort funeral processions, vehicles of excessive size and
2 31 weight, parades, and other vehicle processions.
2 32 Sec. 2. Section 321.423, subsection 2, Code Supplement
2 33 2005, is amended by adding the following new paragraph:
2 34 NEW PARAGRAPH. j. On a vehicle being operated as an
2 35 escort vehicle for a funeral procession as provided in section
3 1 321.324A.
3 2 Sec. 3. Section 321.433, Code 2005, is amended to read as
3 3 follows:
3 4 321.433 SIRENS, WHISTLES, AND BELLS PROHIBITED.
3 5 A vehicle shall not be equipped with and a person shall not
3 6 use upon a vehicle any siren, whistle, or bell, except as
3 7 otherwise permitted in this section. It is permissible but
3 8 not required that any commercial vehicle be equipped with a
3 9 theft alarm signal device which is so arranged that it cannot
3 10 be used by the driver as an ordinary warning signal. Any
3 11 authorized emergency vehicle may be equipped with a siren,
3 12 whistle, or bell capable of emitting sound audible under
3 13 normal conditions from a distance of not less than five
3 14 hundred feet, but the siren, whistle, or bell shall not be
3 15 used except when the vehicle is operated in response to an
3 16 emergency call or in the immediate pursuit of an actual or
3 17 suspected violator of the law, and the driver of the vehicle
3 18 shall sound the siren, whistle, or bell when necessary to warn
3 19 pedestrians and other drivers of the approach of the vehicle.
3 20 An escort vehicle may use an audible signal when accompanying
3 21 a funeral procession as provided in section 321.324A.
3 22 EXPLANATION
3 23 This bill specifies the types of equipment to be used by
3 24 the operators of vehicles used to escort funeral processions
3 25 on the highway. A vehicle escorting a funeral procession must
3 26 display a flashing or revolving amber and red light visible to
3 27 pedestrians and motorists in all directions. The escort
3 28 vehicle must be equipped with a temporary or permanent roof=
3 29 mounted light bar, as defined in the bill, unless the vehicle
3 30 is operated by an employee or agent of the funeral home or
3 31 mortuary. Auxiliary warning signals may be used by an escort
3 32 vehicle operator to alert pedestrians and motorists of the
3 33 approach of a funeral procession. Those signals may include
3 34 lighting such as corner=mounted strobes, a dash=mounted
3 35 flashing light, electronic strobes or LEDs, or alternating
4 1 headlamps, or a siren or other audible signal approved by the
4 2 state department of transportation. The department is
4 3 required to adopt rules relating to equipment to be used on
4 4 funeral escort vehicles. The requirements for light bars are
4 5 to be fashioned so that vehicles equipped to escort funeral
4 6 processions can also be used as parade escorts or to escort
4 7 vehicles of excessive size and weight under Code chapter 321E.
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