Taking a Closer Look at Funeral Procession Rules
Funeral procession laws serve an important function for grieving families and are a crucial part of the funeral process. Drivers passing a funeral procession are required by law to yield the right-of-way for the entire procession without interruption. Once the procession has completed its last vehicle, the procession is concluded. The primary purpose of funeral procession laws is to ensure a safe and respectful passage for the deceased and their family. It does so by bounding on-coming cars to yield their passage, and requiring them not to enter or cross the procession.
Funeral procession laws also liable drivers that interrupt or invade the procession with civil liability, and create a significant burden on their ability to operate their vehicles. On-duty police officers and funeral directors may proceed through red lights when they lead the procession in an emergency vehicle . The fact that the law orders drivers not to pass through the traffic they have to yield to a procession on the road should not come as a shock to anyone. But the limits placed on drivers in this area are significant.
The law presumes that funeral processions will occur with all members of the procession acting within the law. The members of the funeral procession that disobey the law by driving outside the lines of the traffic laws put everyone else who encounters the procession at risk for car accidents. Moreover, the funeral procession, and the laws binding drivers to its safety reflect a strong cultural tradition which dates back centuries. As such, the law confers tremendous value on the funeral procession: owners of the vehicles and passengers have few legal burdens and no real duties under the law, and to a large extent the law resolves the entire process as a civil matter.
What a Funeral Procession Can and Cannot Do
The funeral procession has certain rights under the Illinois statute. The law provides, "Vehicles in a funeral procession are given the right-of-way at all intersections or otherwise controlled locations unless otherwise directed by a traffic or police officer. In addition, vehicles may proceed through a steady red light after coming to a complete stop and making sure it is safe to do so." 625 ILCS 5/11-1414(b). While traffic laws otherwise do not require a vehicle to yield to a funeral procession, the law does require that drivers yield to a funeral procession and identified by a "flag, cloth, etc. ; (2) vehicle bearing a flag, cloth, etc. designed to identify such vehicle as one that is part of a funeral procession; or (3) vehicle displaying insignia or other mark designed to identify such vehicle as one belonging to an organization the purpose of which is to assist funeral processions." 625 ILCS 5/11-1414(c). Vehicles in a funeral procession are required to operate their lights and drive close to the vehicle in front of them. The will be determined by the funeral director or other person authorized to direct the procession. 625 ILCS 5/11-1414 (a). Drivers of vehicles in a funeral procession cannot leave the procession without first forming the funeral director or person authorized to direct the procession. 625 ILCS 5/11-1414(d). For the purpose of the law, a funeral procession is "the following of a motor vehicle carrying a deceased human body from the place of death to the place of burial with the intervening stops of members of the funeral cortege. (Source: P.A. 94-232, eff. 1-1-06)" 625 ILCS 5/11-1414 (a). Funeral directors, persons authorized to direct the procession, and other persons responsible for the procession must obey the road traffic rules and regulations while directing the procession. 625 ILCS 5/11-1414 (g). The rule regarding vehicles in a funeral procession states: No driver shall operate a vehicle so as to interfere with the orderly progress of the procession. The drivers of all vehicles in a funeral procession, except as may otherwise be directed by the funeral director or other person authorized to direct the funeral procession, shall: (1) drive as near to the right-hand edge of the roadway as is practical or one-half of the roadway if the roadway is divided (including on- and off-ramps) and (2) display lighted headlights at all times and (3) as conditions permit, maintain such interval between vehicles as may be directed by the funeral director or other person authorized to direct the funeral procession. 625 ILCS 5/11-1414(f) **(emphasis added).** [highlight]When a passenger vehicle is observed trailing a vehicle in a funeral procession, the trailing passenger vehicle will not be held liable for a violation of any State or local traffic law or ordinance regulating the use of streets and highways. 625 ILCS 5/11-1414(h).
Traffic Laws Affecting Funeral Processions
Illinois law specifically defines what elements must be seen in a funeral procession. For example, each car should have its headlights illuminated even during the day. This detail ensures that the procession will be easier to see by oncoming and surrounding traffic.
In Illinois, the deceased is not responsible for the funeral procession. The escort for the procession is responsible and looking out for the best interests of the deceased, the family, the funeral home, the vehicles in the procession and the general public. The funeral escort has the right to stop and control traffic in intersections as the procession passes through them. This is a general rule with some exceptions. Police have the right to do this all the time but for a funeral procession, sometimes they simply cannot get to the front of the procession. So the funeral escort, if no police is present, has the same right. That said, while Illinois law provides that property owners have the right to receive a permit to close off their rights-of-way (i.e. intersection) in order to allow a funeral procession to have the right-of-way as they pass through an intersection, this is not a requirement for a funeral procession. For most practical purposes, police will usually manage this.
As a vehicle enters a funeral procession, the driver must remain in the funeral procession until the driver leaves the procession via the designated exit or alternatively allows another vehicle to take his or her place. In Illinois, the driver of a vehicle traveling in a funeral procession has the right-of-way and the vehicle cannot be operated in any manner that interferes with the progress of the other vehicles in the procession.
For a second violation, the driver of the vehicle shall be fined: First Offense $100.00 Second Offense $200.00 Third Offense $500.00
For a third violation, the driver of the vehicle shall be fined: First Offense $500.00 Second Offense $1,000.00 Third Offense $2,500.00 Fourth Offense $5,000.00
A worker in Illinois filed suit against the owner of the funeral home and the driver involved in a fatal automobile accident while part of a funeral procession. The worker claimed that the funeral home was negligent and that the driver was negligent. The trial court found in favor of the funeral home.
The court in that case explained that while it was free to ask and investigate in good faith about the funeral home and/or procession, once the funeral home said no, that was it. The court has no choice. However, once the funeral home tells you yes, you are expected to investigate why the individual was employed, his interaction with the let the funeral home know. Here, the funeral home was wrong.
Furthermore, the individual who he hit, was the driver of the hearse, who was also in the procession. He had all the right. At the same time, the funeral director failed to properly mark, light and/or warn traffic that would approach the scene of the crash. Make no mistake, there was fault on the funeral home. The court did find that the driver was not solely responsible for the accident given that the funeral home had a responsibility for the safety of the motorcycles, the hearses. The court found this because the evidence showed that the hazer motorcycle did not gradually increase the speed of its approach to the intersection, did not account for the speed of traffic without a sound or visual signal and the funeral cars did not have strobe lights.
Penalties for Breaking Funeral Procession Rules
A person who violates the Uniform Funeral Arrangements Act is guilty of a petty offense. However, upon a third violation within a four-year time period, the offense is a Class C misdemeanor. A Class C misdemeanor is punishable by a fine of up to $500.
Unless a violation of the statute is witnessed by a peace officer, it must be prosecuted by a law enforcement agency designated by the Illinois Department of State Police and under the coordination of the Division of Traffic Safety thereof.
The penalty provisions for violation of the funeral procession law, specifically 625 ILCS 5/11-1410.1, specify a fine not to exceed $100 for a first or second offense . However, under 625 ILCS 5/11-1411, if a driver repeatively engages in conduct prohibited under 625 ILCS 5/11-1410.1, the driver may be charged with reckless driving under 625 ILCS 5/11-503. Consistent with penalties for reckless driving, the driver shall be guilty of a Class A misdemeanor if that person has previously been convicted of reckless driving.
Notably, the statute carves out an exception to civil liability for a driver of a motor vehicle in a funeral procession "who operates his or her vehicle in a manner which may not be reasonable under the circumstances." 625 ILCS 5/11-1410.1(d)
Questions and Answers
FAQ: Funeral Processions in Illinois
What does the law say about stopping on a road for a funeral procession?
Vehicle Code 625 ILCS 5/11-1413.
Are funeral processions allowed in Illinois?
Yes! However, sometimes the law can be misinterpreted.
When members of the procession (i.e. cars traveling with the hearse) reach an intersection, the vehicle or formation is to heed the directions relating to traffic cones and signs or otherwise be guided by law enforcement or authorized persons at the scene until all of the vehicles in the procession have crossed.
So, the law basically provides for funeral processions to move through an intersection even if a red light is present in Illinois.
Is an escort important in a funeral?
Having an escort from your local funeral home is nice to have but not essential.
How does a funeral procession use their turn signals?
Turn signals should be used during a funeral processional to effectively communicate to other drivers that you are going to be turning. In Illinois, the law requires that funeral procession permit holders use their turn signal when making turns.
How Illinois’ Funeral Procession Rules Compare With Other States
As is the case with most traffic and safety laws, states differ on how they approach funeral processions. Montana Code Ann. § 61-8-802 states that when driving through a funeral procession "the operator of the vehicle may not drive between the vehicles that are part of the funeral procession," while in Nebraska, a funeral procession must use a steady flashing white spotlight during some parts of the day, as per Neb. Rev. Stat. Ann. § 60-6,126. The laws in Hawaii require funerals to use a white flag rather than a light (Haw. Rev. Stat. Ann. § 291C-51) and in Iowa the fob is not required to be flashed at all , but must be a white flag that is waved (Iowa Code Ann. §§ 321.342 and 321.375).
One common aspect of funeral procession laws across the country are the right of way as it pertains to police and funeral processions. For instance, both North Dakota and Maryland exempt funeral processions from following ordinances or "an official traffic control device under any of the following circumstances:…. 2. When the funeral procession is led by an escort vehicle while using its red flashing or emergency lights, if the funeral procession is traveling in the right lane of a highway having at least three lanes." North Dakota Cent. Code Ann. § 39-10-17 ("Right of way to funeral processions") and Md. Code Ann., Transp. § 21-507.1 ("Operation of motor vehicles in or near funeral processions.").