The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5303

May 24, 1978

HIGHWAYS AND ROADS:

Use of freeway for funeral processions.

FUNERAL PROCESSIONS:

Use of freeway.

Although a funeral procession may drive upon the freeways, operators of the motor vehicles in the procession must abide by all traffic laws, including those which require the traffic to merge.

Honorable Joseph F. Young

State Representative

The Capitol

Lansing, Michigan 48901

You have requested my opinion as to whether funeral processions may use the freeways in the State of Michigan.

Freeway is defined in 1949 PA 300, Sec. 18a; MCLA 257.18a; MSA 9.1818(1), as follows:

"Freeway' means a divided arterial highway for through traffic with full control of access and with all crossroads separated in grade from pavements for through traffic.'

The Michigan Vehicle Code, 1949 PA 300; MCLA 257.1 et seq; MSA 9.1801 et seq, governs the operation of motor vehicles on the public highways of the State of Michigan. There is nothing therein contained that prohibits the use of the State's freeways by motor vehicles traveling in a funeral procession. A motor vehicle operator in a funeral procession, however, is subject to all of the traffic laws pertaining to travel on the State's freeways there being no exemption pertaining to funeral processions on the State's freeways.

1949 PA 300, Sec. 628(e); MCLA 257.628(e); MSA 9.2328(e), provides as follows:

'The minimum speed limit on all freeways shall be 45 miles per hour except when reduced speed is necessary for safe operation or in compliance with law or in compliance with a special permit issued by an appropriate authority.'

The speed provisions of 1949 PA 300, supra, for example, are applicable to funeral processions. Moreover, it must be noted that a motor vehicle operator in a funeral procession is required to use reasonable care and is not absolved of that duty of care by virtue of being a part of a funeral procession. McClure v Dukes, 61 Mich App 339; 232 NW2d 704 (1975).

I am mindful of 1949 PA 300, Sec. 654; MCLA 257.654; MSA 9.2354, which grants vehicles in funeral processions the right of way at highway and street intersections when proceeding to a place of burial, and reads as follows:

'Sec. 654. (a) A motor vehicle forming part of a funeral procession when going to a place of burial shall have the right of way over all other vehicles except fire apparatus, ambulances, and police patrol vehicles, at a street or highway intersection within this state if the vehicle in the funeral procession displays a flag which shall be fluorescent orange in color, and upon which shall be printed, stamped, or stained a black cross or the star of David. In addition, the lead vehicle and the last vehicle in the funeral procession may carry an additional flag. The flags shall not contain names embossed or printed thereon, except the word 'funeral'.' (Emphasis supplied)

The question arises as to whether a funeral procession entering upon a freeway by an entrance ramp would be afforded the statutory right of way under section 654 of the Motor Vehicle Code supra. Intersection is defined in 1949 PA 300, Sec. 22; MCLA 257.22; MSA 9.1822, as follows:

'Sec. 22. 'Intersection' means: (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of 2 highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.'

The quoted language refers to highways which join one another at approximately right angles and to two different highways joining at any other angle which may bring traveling vehicles into conflict.

Freeways, as defined in 1949 PA 300, Sec. 18a supra, are constructed pursuant to the provisions of 1941 PA 205; MCLA 252.51 et seq; MSA 9.1094(1) et seq. 1941 PA 205, Sec. 5; MCLA 252.55; MSA 9.1094(5), provides for the elimination of intersections as follows:

'Any such agency shall have authority to provide for the elimination of intersections of limited access highways with existing state and county roads, city and village streets and private driveways, by grade separation, access or service road, or by closing off such roads, streets and driveways at the boundary line of such limited access highway, but only with the consent of the county, city or village; and after the establishment of any limited access highway, no road which is not part of said limited access highway system shall run into or intersect the same at grade. (Emphasis supplied)

Thus, it is clear that an entrance ramp onto a freeway is a part of the freeway facility and is not a different highway within the contemplation of 1949 PA 300, Sec. 22, supra. Moreover, I am informed by the Michigan Department of State Highways and Transportation that entrance ramps onto freeways do not join at or near right angles. Thus, although funeral processions are granted the right of way at highway and street intersections while proceeding to a place of burial, that right of way does not extend to vehicular movement from an entrance ramp onto the main traveled portion of the freeway.

It is therefore my opinion that, although a funeral procession may drive upon the freeways, the operators of the motor vehicles in the procession must abide by all traffic laws, including those which require traffic to merge.

Frank J. Kelley

Attorney General