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To amend section 4511.451 and to enact section | 1 |
4511.453 of the Revised Code to establish civil | 2 |
immunity in connection with the movement of a | 3 |
funeral procession and to allow the use of orange | 4 |
and white pennants on vehicles in a funeral | 5 |
procession. | 6 |
Section 1. That section 4511.451 be amended and section | 7 |
4511.453 of the Revised Code be enacted to read as follows: | 8 |
Sec. 4511.451. (A) As used in this section, "funeral | 9 |
procession"
means two or more vehicles accompanying
| 10 |
remains or the body of a deceased person in the daytime when each | 11 |
of
| 12 |
a purple and white or an orange and white pennant attached to each | 13 |
vehicle in such a manner as to be clearly visible to traffic | 14 |
approaching from any direction. | 15 |
(B) Excepting public safety vehicles proceeding in | 16 |
accordance with section 4511.45 of the Revised Code or when | 17 |
directed otherwise by a police officer, pedestrians and the | 18 |
operators of all vehicles, street cars, and trackless trolleys | 19 |
shall yield the
right of way to each vehicle
| 20 |
of a funeral procession. Whenever the lead vehicle in a funeral | 21 |
procession lawfully enters an intersection, the remainder of the | 22 |
vehicles in
| 23 |
lead vehicle through the intersection notwithstanding any traffic | 24 |
control devices or right of way provisions of the Revised Code, | 25 |
provided that the operator of each vehicle exercises due care to | 26 |
avoid
colliding
with any
other vehicle or pedestrian
| 27 |
28 |
(C) No person shall operate any vehicle as a part of a | 29 |
funeral
procession without having the headlights of
| 30 |
vehicle lighted and without displaying a purple and white or an | 31 |
orange and white pennant in such a manner as to be clearly visible | 32 |
to traffic approaching from any direction. | 33 |
Sec. 4511.453. (A) Neither the owner, the operator, or an | 34 |
employee of a funeral home nor the owner or operator of a funeral | 35 |
escort vehicle is liable in damages in a civil action for injury, | 36 |
death, or loss to person or property that allegedly arises from | 37 |
the movement of a funeral procession if either of the following | 38 |
applies: | 39 |
(1) The movement of the funeral procession is in accordance | 40 |
with section 4511.451 of the Revised Code. | 41 |
(2) The movement of the funeral procession generally is in | 42 |
accordance with section 4511.451 of the Revised Code, but the | 43 |
operator of one or more motor vehicles that are in the procession, | 44 |
that are not owned or operated by the owner, the operator, or an | 45 |
employee of the funeral home, and that are not funeral escort | 46 |
vehicles fails to do either of the following and the injury, | 47 |
death, or loss to person or property allegedly arose from that | 48 |
failure: | 49 |
(a) Exercise due care as required by division (B) of section | 50 |
4511.451 of the Revised Code; | 51 |
(b) Comply with division (C) of section 4511.451 of the | 52 |
Revised Code, provided that the owner, the operator, or an | 53 |
employee of the funeral home informed the motor vehicle operator | 54 |
of the requirements and made the appropriate pennant available to | 55 |
the motor vehicle operator. | 56 |
(B)(1) This section does not apply if the injury, death, or | 57 |
loss allegedly arose from any of the following: | 58 |
(a) The willful, wanton, or intentional acts or omissions of | 59 |
the owner, the operator, or an employee of a funeral home or the | 60 |
owner or the operator of a funeral escort vehicle; | 61 |
(b) The negligent or reckless acts or omissions in the | 62 |
operation of a motor vehicle by the owner, the operator, or an | 63 |
employee of a funeral home or the owner or the operator of a | 64 |
funeral escort vehicle. | 65 |
(2) This section does not create a new cause of action or | 66 |
substantive legal right against an owner, operator, or employee of | 67 |
a funeral home or an owner or operator of a funeral escort | 68 |
vehicle. | 69 |
(3) This section does not affect any immunities from civil | 70 |
liability or defenses established by another section of the | 71 |
Revised Code or any immunities from civil liability or defenses | 72 |
available at common law to which an owner, operator, or employee | 73 |
of a funeral home or an owner or operator of a funeral escort | 74 |
vehicle may be entitled. | 75 |
(C) As used in this section: | 76 |
(1) "Funeral home" has the same meaning as in section | 77 |
4717.01 of the Revised Code. | 78 |
(2) "Funeral procession" has the same meaning as in section | 79 |
4511.451 of the Revised Code. | 80 |
Section 2. That existing section 4511.451 of the Revised Code | 81 |
is hereby repealed. | 82 |