Do you have to yield for a funeral procession in North Carolina? What the law says
When encountering cars in a funeral procession, it can be confusing about whether or not you have to stop.
Is it just good etiquette to stop or is there a law?
We checked the N.C. Statutes and reached out to Irving Joyner, Professor of Law at North Carolina Central University, to answer our questions.
What NC law says about stopping for a funeral procession
North Carolina statutes on the North Carolina General Assembly website explain what’s legally required when approaching a funeral procession:
- An operator of a vehicle shall not knowingly drive between vehicles in a funeral procession by crossing their path unless directed to do so by a person authorized to direct traffic
- The operator of a vehicle proceeding in the opposite direction as a funeral procession may yield to the funeral procession.
- The operator of a vehicle proceeding in the same direction as a funeral procession shall not pass or attempt to pass the funeral procession, except that the operator of such vehicle may pass a funeral procession when the highway has been marked for two or more lanes of moving traffic in the same direction of the funeral procession.
When do you have to yield to a funeral procession? Can you pass?
When making the decision on whether or not you need to stop for a funeral procession, be mindful of your surroundings. Your position on the road and the road type will tell you how to respond to seeing a funeral procession, Joyner told us.
Road type: “If the driver is behind the funeral procession on a traditional two lane road, the driver must follow the procession until it can safely move past it,” Joyner said. “If driving on a four or more lane highway, the driver can use the left or outer lanes to pass the procession.”
Traffic lights: The cars within the funeral procession are not required to stop for traffic stops so if you encounter one while crossing, stop until the funeral procession has finished crossing, Joyner said. The driver may not join a funeral procession to avoid traffic signals.
The traditional response would be honoring the funeral procession by being patient and courteous by yielding, Joyner said.
What happens if you do not stop for a funeral procession?
“A violation of the Funeral Procession statute, NC Gen Stat. 20-157.1, does not constitute a moving violation nor is it deemed to be negligent driving,” Joyner said. “The penalty for a violation is left in the discretion of the Presiding Judge. In these situations, all drivers are required to observe due caution.”