Funeral procession law

Question: What exactly is the law regarding funeral processions here in Kentucky? I have been in western Kentucky where cars on both sides of the road pull over while the entire procession to stop with even some people getting out of the cars to stand in respect. Here in Lexington, I don’t really see anything. Although, in the spring I was driving north on Versailles Road while a procession was driving southbound to the cemetery. No one on my side was pulling over. However, I was at the stop light and the vehicle enforcement got out of his vehicle to tell me that passing a funeral procession was against the law. I was driving in the opposite direction on a 4 lane highway. Was he correct?

Yes, the officer was correct. See (8) below:

The Kentucky Revised Statute regarding funeral processions:

KRS 189.378. Funeral processions.

(1)Funeral procession,” as used in this section, means two (2) or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in such a manner as to be clearly visible to approaching traffic.

(2) A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except:

(a) When the right-of-way is required by an emergency vehicle as defined by KRS 189.910;

(b) When vehicles in the procession are directed otherwise by a police or safety officer; or

(c) When the vehicle is a train or locomotive.

(3) Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise due caution with regard to crossing traffic.

(4) A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or otherwise interfere with the progress of the procession, except when:

(a) The person is authorized to do so by a police or safety officer; or

(b) The vehicle is an emergency vehicle as defined by KRS 189.910.

(5) A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.

(6) The escort vehicle, hearse, or other vehicles in a procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.

(7) Persons authorized to use flashing lights as defined in KRS 189.920 may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.

(8) When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass or overtake any vehicle in the procession unless:

(a) The person is directed to do so by a police or safety officer;

(b) The procession is on a street, road, or highway outside the corporate limits of a city, town, or urban-county; or

(c) The procession is on an interstate highway or a state parkway.

(9) Any person who violates this section shall be guilty of a Class B misdemeanor.

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One Response to “Funeral procession law”

  1. I believe that this case is not as cut and dry as you make it to be. I challenge it on two cases:
    1) The statute does not address oncoming traffic; therefore, it is not against the law to continue driving in the opposite direction of a funeral procession.
    2) If the person had been traveling the same direction as the funeral on the four-lane Versailles Rd., it still may not have been a violation to pass the funeral procession. If her location on state road Hwy. 60, were outside of the corporate limits of a city, town or urban-county then, KRS 189.37 does not restrict passing of the funeral procession.
    Please contact me by email after reading this response. I would like to discuss with you a ticket that I just got two hours ago related to a funeral procession. This site was very helpful to have my documentation to prove innocence in Spencer County’s Court.
    emckemie@hotmail.com

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