Funeral Procession Laws in the US: Right of Way, Headlights and Escorts

Detailed Explanation

This page covers how US state laws treat funeral processions. For how a procession is organized and the etiquette that applies anywhere, see how does a funeral procession work.

Traffic law in the US is mostly state law, and there's no federal rule on funeral processions. That's why the answer to "do you have to stop for a funeral procession?" differs from one state to the next. It's also why the US is unusual internationally: many states give processions real legal privileges on the road, which isn't the case in countries such as the UK or Australia.

State laws generally fall into a few broad patterns. The examples below show what each looks like in practice. They're representative, not a complete list, and states amend these laws from time to time, so check the current statute for the state you're driving in.

States that give processions the right of way

Some states give a procession the right of way over other traffic, as long as it's properly led. Florida is a clear example. Under section 316.1974 of the Florida Statutes:

• Drivers and pedestrians must yield the right of way to any vehicle in a procession led by a funeral escort vehicle or funeral lead vehicle, regardless of traffic control devices. A hearse can serve as the lead vehicle.
• Once the lead vehicle lawfully enters an intersection, the rest of the procession may follow it through, regardless of traffic signals.
• Procession drivers must still yield to emergency vehicles using lights or sirens, yield when a police officer directs them to, and drive with due care.
• Procession cars must follow as closely as is practical and safe, and the usual rules about leaving space for other cars to pull in don't apply to them.
• Every car in the procession must have its headlights and tail lights on, and may use hazard lights.
• Non-police escort and lead vehicles must show an amber or purple light.

Florida's definition covers processions in daylight hours, and breaking the section is a noncriminal traffic infraction.

States where the right of way depends on an escort

Other states only give a procession priority when it's escorted. Virginia's law, section 46.2-828 of the Code of Virginia, gives the right of way to processions traveling under police or sheriff's escort. Localities can provide escort services and charge reasonable fees for them. No vehicle that isn't part of an escorted procession may join it, pass through it or interfere with it.

Virginia also lets procession cars, escorted or not, use high beams and flash their hazard lights to identify themselves. A separate section, 46.2-828.1, makes it a traffic infraction to intentionally impede or disrupt an escorted procession, or one led by vehicles displaying warning lights, and adds four driver demerit points.

States that focus on the escort

A third approach puts the weight on the officer escorting the procession. California Vehicle Code section 2817 makes it an infraction to disregard any traffic signal or direction given by a uniformed peace officer who is escorting a funeral procession. In practice, this means the procession's privileges come from the escort directing traffic, and an unescorted procession should expect to stop at signals like any other traffic.

How much states differ

A 2004 survey by Connecticut's Office of Legislative Research found wide variation. At that time, one state (Nevada) specifically allowed a lead or escort vehicle to go through a red light, five gave processions the right of way at intersections regardless of signals, and 15 let procession cars continue through a light that had turned red after the lead car went through on green. The numbers will have changed since, but the general picture of a patchwork of different rules still holds.

Escorts: police and private

Depending on the state and town, an escort may be a police officer or sheriff's deputy, or a private escort company, often on motorcycles. Some states, including Florida, write private escort vehicles into their laws. The funeral home usually arranges the escort and knows what's available locally and what it costs. Families don't normally need to organize it themselves.

Customs you may see

In some communities, especially in rural areas and parts of the South, drivers traditionally pull over to the side of the road and stop while a procession passes, even on the opposite side of the road. It's a long-standing mark of respect, not a legal requirement, and it should only be done where it's safe. Magnetic "funeral" flags on procession cars are also common, and many funeral homes provide them.

Things to Consider

• Check the law for the state, and sometimes the town. The rules can change at a state line, and some localities add their own escort arrangements.
• Ask the funeral home how the procession will be led. Whether there's a lead vehicle, a police escort or a private escort can change what procession drivers are allowed to do at intersections.
• Follow the funeral home's lighting instructions. Some states require headlights, and some allow hazard lights or high beams, so the funeral home's briefing is the safest guide.
• Emergency vehicles always come first. Even in states with strong right-of-way laws, procession cars must yield to an ambulance, fire truck or police car using lights or sirens.

Common Mistakes

• Assuming every state lets processions run red lights. Many don't, especially without an escort. Following the car ahead through a red light where it isn't allowed is a traffic violation.
• Assuming no law applies because you haven't heard of one. Many states do have funeral procession laws, and cutting into a procession can be a moving violation.
• Tailgating unsafely to keep the line tight. Even where close following is permitted, the law still expects due care. Being separated briefly is better than a collision.
• Stopping abruptly on a busy road to show respect. Pulling over for a procession is a kind custom, but only where it's safe and doesn't block traffic.