---
title: HB 77. Motor vehicles; encountering funeral procession on two-lane highway; revise responsibilities
collection: bills
id: 2025-2026/hb77
cite_as: HB 77, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb77
md_url: https://georgiacommons.org/bills/2025-2026/hb77.md
text_url: https://georgiacommons.org/bills/2025-2026/hb77/text
source_url: https://www.legis.ga.gov/legislation/69409
date: 2026-03-31
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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next: https://georgiacommons.org/bills/2025-2026/hb78.md
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omitted: votes and history
omitted_chars: 1219
omitted_url: https://georgiacommons.org/bills/2025-2026/hb77.md?full=1
bill_number: HB 77
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-03-04
last_action: Senate Tabled
sponsors:
- Lehman Franklin
- Bill Yearta
- Mike Cameron
- Gary Richardson
- John Corbett
- Russ Goodman
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB77/2025
upstream_id: 1925893
summaries_model: claude-sonnet-5
topic_tags:
- traffic laws
- funeral processions
- two-lane highways
- driver responsibilities
- commercial trucking
---
# HB 77. Motor vehicles; encountering funeral procession on two-lane highway; revise responsibilities
## Text
The Senate Committee on Public Safety offered the following
substitute to HB 77:
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,
relating to right of way for operators of motor vehicles, so as to revise the responsibilities of
operators of motor vehicles when encountering a funeral procession; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to right
of way for operators of motor vehicles, is amended by revising Code Section 40-6-76,
relating to funeral processions, as follows:
"40-6-76.
(a) As used in this Code section, a the term 'funeral procession' means an array of motor
vehicles in which the:
(1) Each participating motor vehicle operates with illuminated headlights; and
(2)(A) The lead vehicle displays a sign, pennant, flag, or other insignia furnished by
a funeral home indicating a funeral procession unless; or
(B) The procession is led by a state or local law enforcement vehicle and each vehicle
participating in the funeral procession is operating its headlights.
(b) Funeral processions shall have the right of way at intersections subject to the following
conditions and exceptions:
(1) Operators of motor vehicles in a funeral procession shall yield the right of way upon
the approach of an authorized emergency vehicle or law enforcement vehicle giving an
audible and visual signal; and
(2) Operators of motor vehicles in a funeral procession shall yield the right of way when
directed to do so by a traffic officer.
(c) Funeral processions escorted by the police, a sheriff, or a sheriff's deputy which are led
by a state or local law enforcement vehicle shall have the right of way in any street or
highway through which they may pass.
(d) Local governments may, by ordinance, provide for such law enforcement escort service
for funeral processions and provide for the imposition of reasonable fees to defray the cost
of such service.
(d)(e) The operator of a vehicle not participating in a funeral procession shall not interrupt:
(1) Interrupt a funeral procession except when authorized to do so by a traffic officer or
when such vehicle is an authorized emergency vehicle or law enforcement vehicle giving
an audible and visual signal.;
(e)(2) Illuminate the headlights of a vehicle and join a funeral procession for the purpose
Operators of vehicles not a part of a funeral procession shall not join a funeral procession
by operating their headlights for the purpose of securing the right of way granted to
funeral processions by this Code section to funeral processions.; or
(f)(3) Attempt The operator of a vehicle not in a funeral procession shall not attempt to
pass vehicles in a funeral procession on a two-lane highway.
(f) When a funeral procession is traveling upon a two-lane highway, is led by a state or
local law enforcement vehicle, and the lead and rear motor vehicles in the funeral
procession display flashing hazard lights, the operator of a vehicle not participating in such
funeral procession shall, except when otherwise directed by a traffic officer, yield the right
of way and drive to a position parallel to, and as close as safe and practicable to, the
right-hand curb or edge of the roadway, clear of any intersection, and stop and remain in
such position until the funeral procession has passed. The provisions of this subsection
shall not require the operator of a commercial motor vehicle not participating in such
funeral procession to act in a manner which is contrary to the safe operation of the
commercial motor vehicle; which would violate federal, state, or local law; or which would
result in an unsafe condition for the operator, vehicle, vehicle load, or traveling public.
(g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed
$100.00.
(h) Any law enforcement officer who is directing or escorting a funeral procession in this
state, whether such service is provided while on duty or not, shall enjoy the same
immunities from liability as the officer possesses while in the performance of other official
duties."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate substitute for HB 77 would require drivers to pull over and stop for police-led funeral processions on two-lane highways, and updates the legal definition of a funeral procession.
### Plain-language summary
Current Georgia law (O.C.G.A. ยง 40-6-76) already gives funeral processions the right of way and bars other drivers from cutting into them or passing them on two-lane highways, but it does not spell out exactly how a driver who meets one should behave. This bill rewrites that Code section.
It tightens the definition of a funeral procession to require every vehicle in it to have headlights on and either a lead vehicle with funeral home signage or a law enforcement escort. It adds a new rule specifically for two-lane highways: when a procession is led by a police or sheriff's vehicle and the lead and rear vehicles show flashing hazard lights, other drivers must pull over to the right edge of the road, stop clear of any intersection, and stay stopped until the procession passes. Commercial vehicle drivers are excused if following the rule would be unsafe or violate other laws. Violations remain a misdemeanor punishable by a fine of up to $100.
### What it does
- Redefines a funeral procession to require illuminated headlights on every participating vehicle plus either a marked lead vehicle or a law enforcement escort vehicle.
- Adds a new rule requiring drivers on two-lane highways to pull to the right edge, stop clear of intersections, and remain stopped for law enforcement-led funeral processions showing flashing hazard lights.
- Exempts commercial vehicle operators from the pull-over rule if complying would be unsafe or would violate federal, state, or local law.
- Reorganizes existing bans on interrupting a procession, joining it to gain right of way, or passing it on a two-lane highway into a single renumbered subsection.
- Keeps the misdemeanor penalty for violations at a fine not exceeding $100.
- Preserves legal immunity for law enforcement officers directing or escorting funeral processions.
### Who it affects
Drivers who encounter funeral processions on Georgia roads, especially two-lane highways; funeral homes and their escort vehicles; local law enforcement agencies that escort processions; commercial truck drivers, who get a specific safety exemption; and local governments that provide paid escort services.
### Why it matters
Drivers on two-lane highways would face a clear, specific duty to pull over and stop for police-escorted funeral processions with hazard lights on, rather than a vaguer ban on passing. This could reduce confusion and roadway conflicts, while commercial drivers get protection from being forced into unsafe maneuvers.
### Key provisions
- Subsection (a) redefines 'funeral procession' to require headlights on all participating vehicles and either funeral home signage on the lead vehicle or a law enforcement escort.
- Subsection (c) gives right of way on any highway to processions led by a state or local law enforcement vehicle.
- New subsection (f) requires drivers on two-lane highways to yield, pull to the right edge clear of intersections, and stop until a law enforcement-escorted procession with flashing hazard lights has passed.
- Subsection (f) exempts commercial motor vehicle operators from this pull-over duty if it would be unsafe or unlawful.
- Subsection (g) sets the penalty for violating the section at a misdemeanor with a fine of up to $100.00.
- Subsection (h) preserves liability immunity for law enforcement officers directing or escorting funeral processions.
## Status
- Status: Engrossed (2025-03-04)
- Last action: Senate Tabled (2026-03-31)
- Sponsors: Lehman Franklin, Bill Yearta, Mike Cameron, Gary Richardson, John Corbett, Russ Goodman
- Official page: https://www.legis.ga.gov/legislation/69409
> The history, votes, and amendments (1,219 characters) are at https://georgiacommons.org/bills/2025-2026/hb77.md?full=1