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Sub. H. B. No. 322As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Wolpert, Wilson, Seitz, Evans, Allen, Collier, Webster, Goodman, Fessler, Hughes, Rhine, G. Smith, Reidelbach, Lendrum, Carano, Perry, Flowers, Willamowski, Grendell, Jones, Sulzer, Manning, Beatty, Buehrer, McGregor, Kearns, Carmichael, Latta, Niehaus, Ogg, Jolivette, Schmidt, Hagan, Otterman, Core, Schneider, Roman, Distel, Fedor, S. Smith, Latell, Patton, Reinhard, Coates, Barrett, Cirelli, Damschroder, Key, Salerno, Woodard
A BILL
To amend section 4511.451 and to enact section
4511.453 of the Revised Code to establish civil
immunity in connection with the movement of a
funeral procession and to
allow the use of orange
and white pennants on
vehicles in a funeral
procession.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.451 be amended and section
4511.453 of the Revised Code be
enacted to read as follows:
Sec. 4511.451. (A) As used in this section,
"funeral
procession"
means two or more vehicles accompanying
a
the cremated
remains or the body of a
deceased
person in the daytime when each
of
such
the vehicles has
its
headlights lighted and is displaying
a purple and white
or an
orange and white pennant
attached to each
vehicle in such a manner
as to be clearly
visible
to traffic
approaching from any
direction. (B) Excepting public safety vehicles proceeding in
accordance
with section 4511.45 of the Revised Code or when
directed
otherwise by a police officer, pedestrians and the
operators of
all vehicles, street cars, and trackless trolleys
shall yield the
right of way to each vehicle
which
that is a part
of a funeral
procession. Whenever the lead vehicle in a funeral
procession
lawfully enters an intersection, the remainder of the
vehicles in
such
the procession may continue to follow
such
the
lead vehicle
through
the intersection notwithstanding any traffic
control
devices or
right of way provisions of the Revised Code,
provided
that the
operator
of each vehicle exercises due care to
avoid
colliding
with any
other vehicle or pedestrian
upon the
roadway. (C) No person shall operate any vehicle as a part of a
funeral
procession without having the headlights of
such
the
vehicle
lighted
and without displaying a purple and white
or an
orange and
white pennant in such a
manner
as to be clearly visible
to traffic
approaching from any
direction.
Sec. 4511.453. (A) Neither the owner, the operator, or an
employee of a funeral home nor the owner or operator of a funeral
escort vehicle is liable in damages in a civil action for injury,
death, or loss to person or property that allegedly arises from
the movement of a funeral procession if either of the following
applies: (1) The movement of the funeral procession is in accordance
with section 4511.451 of the Revised Code. (2) The movement of the funeral procession generally is in
accordance with section 4511.451 of the Revised Code, but the
operator of one or more motor vehicles that are in the procession,
that are not owned or operated by the owner, the operator, or an
employee of the funeral home, and that are not funeral escort
vehicles fails to
do either of the following and the injury,
death, or loss to
person or property allegedly arose from that
failure: (a) Exercise due care as required by division (B) of section
4511.451 of the Revised Code; (b) Comply with division (C) of section 4511.451 of the
Revised Code, provided that the owner, the operator, or an
employee of the funeral home informed the motor vehicle operator
of the requirements and made the appropriate pennant available to
the motor vehicle operator. (B)(1) This section does not apply if the injury, death, or
loss allegedly arose from any of the following: (a) The willful, wanton, or intentional acts
or omissions of
the owner, the operator, or an employee of a
funeral
home or the
owner or the operator of a funeral escort
vehicle; (b) The negligent or reckless acts or omissions in the
operation of a motor vehicle by the owner, the operator, or an
employee of a funeral home or the owner or the operator of a
funeral escort vehicle. (2) This section does not create a new cause of action or
substantive legal right against an owner, operator, or employee of
a funeral home or an owner or operator of a funeral escort
vehicle. (3) This section does not affect any immunities from civil
liability or defenses established by another section of the
Revised Code or any immunities from civil liability or defenses
available at common law to which an owner, operator, or employee
of a funeral home or an owner or operator of a funeral escort
vehicle may be entitled. (C) As used in this section: (1) "Funeral home" has the same meaning as in section
4717.01 of the Revised Code. (2) "Funeral procession" has the same meaning as in section
4511.451 of the Revised Code.
Section 2. That existing section 4511.451 of the Revised Code
is hereby repealed.
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