Arizona Laws 28-776. Funeral or military procession right-of-way; funeral or military escort vehicles; certification; fee; definitions
A. Pedestrians and the operators of all vehicles, except emergency vehicles, shall yield the right-of-way to each vehicle that is a part of a funeral procession being led by a funeral escort vehicle or a military procession being led by a military escort vehicle. The driver of the funeral escort vehicle or military escort vehicle may direct the drivers of other vehicles in the procession to proceed through any intersection or to make turns or other movements, and the other vehicles may continue to follow and make the turns or other movements as are made by or as directed by the driver of the funeral escort vehicle or military escort vehicle notwithstanding any traffic control device prescribed by statute or local ordinance, except that a driver of a vehicle in the funeral procession or military procession shall not exceed the posted speed limit and shall exercise reasonable and prudent care to avoid colliding with any other vehicle or pedestrian on the roadway. Each vehicle in a funeral procession or military procession shall have its headlights lighted.
Terms Used In Arizona Laws 28-776
- Authorized emergency vehicle: means any of the following:
(a) A fire department vehicle. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
- Escort vehicle: means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state. See Arizona Laws 28-601
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. See Arizona Laws 28-601
- Motorcycle: means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle, an electric miniature scooter, an electric standup scooter and a moped. See Arizona Laws 28-101
- Pedestrian: means any person afoot. See Arizona Laws 28-101
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Right-of-way: when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. See Arizona Laws 28-101
- Roadway: means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Arizona Laws 28-601
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Statute: A law passed by a legislature.
- Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-601
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
B. A driver of a funeral escort vehicle or military escort vehicle who is certified pursuant to subsection D of this section may direct and control the drivers of vehicles in a funeral procession or military procession and any other vehicle in or approaching any intersection to stop, proceed or make the turns or other movements as required without regard to any traffic control device prescribed by statute or local ordinance. Funeral escort vehicles or military escort vehicles may exceed the speed limit by fifteen miles per hour when overtaking processions to direct traffic at the next intersection. A funeral escort vehicle or military escort vehicle shall be equipped with at least one lighted lamp exhibiting a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle and an audible signal by bell, siren or exhaust whistle as required under section 28-624.
C. The sheriff in each county shall register funeral escort vehicles and military escort vehicles and issue an identification sticker or plate that is affixed to the vehicle in order to identify the vehicle as a funeral escort vehicle or military escort vehicle. When acting as a funeral escort or military escort, the driver of a properly equipped and registered funeral escort vehicle or military escort vehicle has all of the rights and privileges of a driver of an authorized emergency vehicle proceeding to an emergency call as provided under section 28-624.
D. Within thirty days after receiving an application for approval, the sheriff in each county shall approve or disapprove in writing all markings, emblems, seals and other insignia on a funeral escort vehicle before being displayed. The sheriff may not unreasonably withhold approval. The sheriff shall ensure that the vehicle does not bear markings similar to the vehicle markings used by a law enforcement agency of the federal or state government or a political subdivision of this state or bear words, emblems, seals or other insignia that could cause a reasonable person to confuse the vehicle with a law enforcement vehicle. Beginning October 1, 2008, the right and left sides of a funeral escort vehicle shall be clearly marked with the words "funeral escort" in letters that are at least five inches in height, except that if the funeral escort vehicle is a motorcycle the letters shall be at least two inches in height.
E. The sheriff in each county may certify any person who holds at least a valid class A, B, C, D or M driver license issued by this state as a certified driver of a funeral escort vehicle or military escort vehicle if the person:
1. Completes a training program in motor vehicle safety and traffic control safety as prescribed by the sheriff.
2. Pays the fee that is prescribed by the sheriff for the program and that does not exceed the cost of the program.
F. Within thirty days after receiving an application for approval, the sheriff in each county shall approve or disapprove in writing all uniforms, badges, patches and insignias worn by a certified driver of a funeral escort vehicle before being displayed. The sheriff may not unreasonably withhold approval. Beginning October 1, 2008, the uniform shall contain insignia that identifies the wearer as a funeral escort. The sheriff shall ensure that a uniform, badge, patch or insignia does not bear markings similar to the markings of a law enforcement agency of the federal or state government or a political subdivision of this state or bear the words "sheriff", "police", "deputy", "marshall", "agent" or "officer" or any other word that could cause a reasonable person to confuse a certified driver of a funeral escort vehicle with law enforcement personnel.
G. Each county sheriff shall recognize as valid in that county a registered military escort vehicle or a certified driver of a military escort vehicle, or both, if the registration or certification, or both, occurs in another county in this state pursuant to this section.
H. A person:
1. Shall not receive any compensation for providing a military procession.
2. May only provide a military procession if requested by a United States military member or veteran or the family of a United States military member or veteran.
I. For the purposes of this section:
1. "Funeral procession" means two or more vehicles accompanying the body of a deceased person, including a funeral escort vehicle registered by the sheriff.
2. "Military procession" means two or more vehicles, including a military escort vehicle, accompanying any of the following:
(a) The body of a deceased member of the United States military or a deceased veteran of the United States military.
(b) A member of the United States military who is being deployed or who is returning from deployment.
(c) A person who is being honored at a military event.
(d) A monument honoring United States military members or veterans of the United States military that is being transported in this state.