HOUSE DOCKET, NO. 3017        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3260

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to vehicles leading funeral processions..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION. 1.  Section 7E of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the section 7E the following section:-

Section 7E ½.  A vehicle owned or leased by a funeral director, for the purposes of funeral directing, may have mounted thereon flashing, rotating or oscillating lights herein authorized that are not blue or red.  Such lights shall only be displayed when an authorized operator of such vehicle is leading a funeral procession and at no other time.

Such lights shall not be mounted or displayed on the vehicle until proper application has been made to the registrar of motor vehicles by the funeral director and a written permit has been issued and delivered to the funeral director.  In the event that the funeral director is not the registered owner of the vehicle, no permit shall be issued until the owner forwards to the registrar a written statement certifying that he has knowledge that such lights will be mounted and displayed on the vehicle.  The application shall include the make, the model, the vehicle identification number, the registration number, and the names and addresses of the funeral director, the owner and any authorized operators of the vehicle for which a permit is to be issued.  Any person operating a vehicle upon which such lights are mounted shall have the permit upon his person or in the vehicle in some easily accessible place.

Upon termination of the duties which warranted the issuance of the permit or when the vehicle is no longer owned or leased by a funeral director for the purposes of funeral directing, the funeral director shall immediately notify the registrar, return the permit to the registrar and remove such lights from the vehicle.  Upon the written request of the chief of police or chief of fire of the city or town in which the permitted vehicle is registered, the registrar may revoke the permit. The registrar shall revoke the permit for the unauthorized use of such lights and the funeral director and the operator shall be subject to a fine as hereinafter provided.  Upon revocation, the registrar shall notify forthwith the funeral director and the owner of the vehicle for which the permit was issued and the heads of the police department and fire department of the city or town in which the permit was issued.  Upon receipt of a notice of revocation, the funeral director shall immediately return the permit to the registrar and remove such lights from the vehicle; and shall not be eligible for reissuance of the permit without consent of the head of the police department of the city or town in which the original permit was issued.

Nothing in this section shall authorize any funeral director or operator of such vehicle to disregard or violate any statute, ordinance, by-law, rule or regulation regarding motor vehicles or their use on ways of the commonwealth.  The registrar may make rules and regulations governing or prohibiting the display of such lights as deemed necessary for public safety.

Any person who violates this section shall be subject to a fine of 1,000 dollars.