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, <del>a</del> <ins>the term</ins> 'funeral procession' means an array of motor
vehicles in which <del>the:
</del> <ins>(1) Each participating motor vehicle operates with illuminated headlights; and
(2)(A) The</ins> lead vehicle displays a sign, pennant, flag, or other insignia furnished by
a funeral home indicating a funeral procession <del>unless;</del> <ins>or
</ins>
<ins>(B) The procession is</ins> led by a state or local law enforcement vehicle <del>and each vehicle
participating in the funeral procession is operating its headlights.
</del> (b) Funeral processions shall have the right of way at intersections subject to the following
conditions and exceptions:
(1) Operators of <ins>motor</ins> 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 <ins>motor</ins> vehicles in a funeral procession shall yield the right of way when
directed to do so by a traffic officer.
(c) Funeral processions <del>escorted by the police, a sheriff, or a sheriff's deputy</del> <ins>which are led
by a state or local law enforcement vehicle</ins> shall have the right of way in any <del>street or
</del> highway through which they may pass.
<ins>(d)</ins> Local governments may, by ordinance, provide for <del>such</del> <ins>law enforcement</ins> escort service
<ins>for funeral processions</ins> and provide for the imposition of reasonable fees to defray the cost
of such service.
<del>(d)(e)</del> The operator of a vehicle not <ins>participating</ins> in a funeral procession shall not <del>interrupt:
</del> <ins>(1) Interrupt</ins> 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.;
<ins>(e)(2) Illuminate the headlights of a vehicle and join a funeral procession for the purpose
</ins> <del>Operators of vehicles not a part of a funeral procession shall not join a funeral procession
by operating their headlights for the purpose</del> of securing the right of way granted <ins>to
funeral processions</ins> by this Code section <del>to funeral processions.;</del> <ins>or
(f)(3) Attempt</ins> <del>The operator of a vehicle not in a funeral procession shall not attempt</del> to
pass vehicles in a funeral procession on a two-lane highway.
<ins>(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
</ins>
<ins>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.
</ins> (g) Any person violating <del>subsection (d), (e), or (f) of</del> 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.