HOUSE BILL 434
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Jim R. Trujillo
AN ACT
RELATING TO MOTOR VEHICLES; ENACTING THE VETERANS SAFE FUNERAL ESCORT ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Veterans Safe Funeral Escort Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Veterans Safe Funeral Escort Act:
A. "department" means the department of public safety;
B. "emergency vehicle" means any fire department vehicle, police vehicle, ambulance or any emergency vehicle of a municipality or county that is designated or authorized as an emergency vehicle by the director of the New Mexico state police division of the department or local authority;
C. "funeral escort" means a person or entity that provides escort services for funeral processions that is affiliated with a national veterans' organization;
D. "funeral escort vehicle" means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground that is clearly marked and escorts a funeral procession;
E. "funeral procession" means two or more vehicles accompanying the body of a deceased military veteran when traveling to a church, chapel, cemetery or other location at which the funeral or memorial service is to be held or final committal is to be conducted;
F. "funeral service practitioner" means a person licensed to engage in the practice of funeral service at a funeral establishment or commercial establishment that is licensed pursuant to the Funeral Services Act;
G. "law enforcement agency" means any certified local or state law enforcement agency, including the local police, sheriff, state police or motor transportation division of the department;
H. "lead funeral escort vehicle" means any law enforcement vehicle or funeral escort vehicle utilized to lead and facilitate the movement of a funeral procession;
I. "military veteran" means a person who served as an active duty member of the United States armed forces;
J. "secretary" means the secretary of public safety;
K. "traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed; and
L. "United States armed forces" means the United States army, navy, air force, marine corps or coast guard.
SECTION 3. [NEW MATERIAL] RIGHT OF WAY AT INTERSECTIONS--EXCEPTIONS--SPEED LIMIT.--
A. Funeral processions shall have the right of way at intersections regardless of traffic control signals. A motor vehicle with lighted headlights driving in a funeral procession has the right of way at an intersection and may proceed through the intersection if the funeral procession is headed by a lead funeral escort vehicle displaying flashing lights or by an emergency vehicle.
B. A person operating a motor vehicle as a funeral escort vehicle may, in the absence of a law enforcement officer, direct vehicular and pedestrian traffic at intersections immediately preceding and during the passage of a funeral procession.
C. Funeral escort vehicles and other vehicles in a funeral procession shall yield the right of way to an approaching emergency vehicle giving an audible or visible signal.
D. Funeral escort vehicles and other vehicles in a funeral procession shall yield the right of way when directed to do so by a law enforcement officer.
E. Funeral escort vehicles and other vehicles in a funeral procession shall exercise due care when participating in a funeral procession.
F. Before assuming the right of way through an intersection, a person who operates a lead funeral escort vehicle shall exercise due caution with regard to crossing traffic.
G. A person operating a funeral escort vehicle may exceed the posted speed limit by not more that fifteen miles per hour when overtaking a funeral procession in order to control traffic at intersections in advance of the procession.
SECTION 4. [NEW MATERIAL] MARKINGS FOR FUNERAL ESCORT
VEHICLES--REQUIRED LIGHTS.--
A. The lead funeral escort vehicle in a funeral procession shall be marked with the words "Funeral Escort" clearly visible to oncoming and crossing traffic. The last funeral escort vehicle in a funeral procession shall be marked with the words "Funeral Escort" clearly visible to following traffic.
B. Funeral escort vehicles may not bear markings similar to those vehicles used by a law enforcement agency or the federal government.
C. Funeral escort vehicles shall not utilize words, emblems, seals or other insignia that could cause a reasonable person to confuse a funeral escort vehicle with a law enforcement vehicle.
D. A non-law enforcement motor vehicle serving as a funeral escort vehicle shall be equipped with and utilize flashing amber, red or white lights when participating in a funeral procession. Flashing blue lights shall not be utilized by a non-law enforcement motor vehicle when participating in a funeral procession.
SECTION 5. [NEW MATERIAL] DRIVING IN FUNERAL PROCESSION--FORMATION--LIGHTED HEADLIGHTS--SPEED LIMIT.--
A. All motor vehicles participating in a funeral procession shall follow a preceding vehicle in a single file as closely as is practical and safe.
B. Any ordinance, law or rule stating that motor vehicles shall be operated to allow sufficient space enabling any other vehicle not part of the funeral procession to pass without danger is not applicable to all vehicles in a funeral procession.
C. All motor vehicles participating in a funeral procession shall have lighted headlights.
D. A funeral procession shall proceed at or below any posted speed limit.
SECTION 6. [NEW MATERIAL] PASSING OF FUNERAL PROCESSIONS.--A person who drives a motor vehicle that is not part of a funeral procession may pass a funeral procession on the procession's left side only if the procession is driving on a highway with two lanes for traffic traveling in the same direction as the procession if the passing can be accomplished safely.
SECTION 7. [NEW MATERIAL] TRAINING.--
A. A person shall not operate a motor vehicle as a funeral escort vehicle unless that person has been certified and issued a permit to do so by the department.
B. The department shall develop and implement a training program in motor vehicle safety and traffic control safety. The training program shall instruct persons in procedures necessary to safely escort a funeral procession through intersections regulated in any way by traffic control signals.
C. The secretary shall promulgate rules establishing the curriculum for the training program set forth in Subsection B of this section and the criteria for certification as an operator of a funeral escort vehicle and may establish by rule a reasonable fee for participation in the funeral procession training program.
D. Upon successful completion of the training program set forth in Subsection B of this section, the department shall issue to the operator a permit to operate a motor vehicle as a funeral escort vehicle, which permit shall be carried by the operator whenever operating a motor vehicle as a funeral escort vehicle.
E. After receiving an application for approval, the secretary or the secretary's designee shall approve or disapprove in writing all uniforms, badges, patches or insignia worn by an operator of a funeral escort vehicle.
SECTION 8. [NEW MATERIAL] PROHIBITIONS.--A person may operate a motor vehicle as a funeral escort vehicle for a funeral procession only if previously requested by a military veteran whose funeral, memorial service or disposition is being conducted, or by a member of the immediate family of the deceased military veteran.
SECTION 9. [NEW MATERIAL] LIABILITY.--A funeral service practitioner or an employee or agent thereof shall not be liable for any death, personal injury or property damage suffered by any person in the course of a funeral procession unless such death, personal injury or property damage is directly caused by a negligent or intentional act of a funeral service practitioner or an employee or agent thereof.
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