Indiana funeral procession laws give a properly marked procession the right-of-way at intersections, prohibit other drivers from cutting between the vehicles in the line, and make any violation a Class C infraction punishable by a fine of up to $500. The rules sit in Indiana Code Chapter 9-21-13 and apply the moment you encounter a procession headed by a lead or escort vehicle with its warning lights on and every car behind it running headlights.
What You Must Do When You Encounter a Procession
If you are not part of the funeral, Indiana law imposes three restrictions on you.
You cannot drive between the vehicles of a funeral procession. The only exceptions are a traffic officer waving you through or an authorized emergency vehicle running its siren. Cutting the line at an intersection to save time is illegal even if the procession is long and slow.1Indiana General Assembly. Indiana Code Title 9, Article 21, Chapter 13, Section 9-21-13-2 – Driving Between Vehicles of a Funeral Procession; Prohibition; Exceptions
You cannot tag onto the back of a procession, and you cannot form your own line of headlight-on vehicles, to borrow the right-of-way. If you are not actually attending the funeral, you cannot behave as if you are.
At an intersection, you must let the entire procession clear before you proceed, even if your light turns green. The procession’s right-of-way overrides the signal.2Indiana General Assembly. Indiana Code Title 9, Article 21, Chapter 13, Section 9-21-13-1 – Right-of-Way at Intersections; Conditions
When You Can Legally Pass a Procession
On a multi-lane highway, you may pass a funeral procession on its left side if you can do so safely. That is the only passing option the statute allows. Passing on the right, or crossing through the procession to reach a turn lane, is not permitted.
Right-of-Way and Its Exceptions
A funeral procession vehicle with its headlights on has the right-of-way at intersections and may continue through even after the signal changes, provided the procession is led by a qualifying escort vehicle or an authorized emergency vehicle.2Indiana General Assembly. Indiana Code Title 9, Article 21, Chapter 13, Section 9-21-13-1 – Right-of-Way at Intersections; Conditions
Two things override that right-of-way. An authorized emergency vehicle using its siren takes priority, and the siren has to be running; lights alone are not enough. A police officer directing traffic can also override the procession and route vehicles through or around it.
The right-of-way is not absolute for procession drivers either. Before entering an intersection, each driver in the line must exercise due caution with regard to crossing traffic. A cross-traffic driver who has already entered the intersection still has to be avoided.
What Makes a Procession Legally a Procession
Indiana Code 9-13-2-69.5 defines a funeral procession separately from an ordinary group of vehicles, and the distinction determines whether the right-of-way rules apply at all. The procession must be headed by a lead or funeral escort vehicle displaying authorized flashing lights, and every vehicle in the line must have its headlights on.3Indiana General Assembly. Indiana Code Title 9, Article 21, Chapter 13, Section 9-21-13-4 – Lead and Escort Vehicles; Flashing Lights
Hazard lights within the line follow a specific pattern. Only two vehicles in the procession are authorized to run their four-way flashers: the vehicle directly behind the lead car, and the last vehicle in the line. That bookend setup tells surrounding drivers where the procession begins and ends.4Indiana General Assembly. Indiana Code Title 9, Motor Vehicles, Section 9-21-13-4.5
Duties for Drivers Inside the Procession
Every vehicle in the procession must keep headlights and taillights on. Each driver must follow the vehicle ahead as closely as is practical and safe. The statute does not specify a distance in feet, but wide gaps undermine the procession’s legal status because cross-traffic drivers can no longer see a continuous line and may reasonably assume it has passed.4Indiana General Assembly. Indiana Code Title 9, Motor Vehicles, Section 9-21-13-4.5
Procession drivers must also exercise due caution throughout the drive. Having the right-of-way does not license running an intersection without looking.
Penalties
Any violation of Chapter 9-21-13 is a Class C infraction, whether the violation was cutting through the line, failing to yield, or joining a procession to steal its right-of-way.5Indiana General Assembly. Indiana Code Title 9, Article 21, Chapter 13, Section 9-21-13-7 – Violations; Class C Infraction
The maximum fine is $500, but the actual amount depends on your recent driving record and whether you contest the ticket. Indiana’s infraction penalty statute sets a tiered schedule for moving violations:
- First moving violation in five years: court costs plus a judgment of no more than $35.50, whether you admit it or contest it and lose.
- One prior moving violation in the county within five years: court costs plus up to $250.50 if you contest the ticket and lose.
- Two or more prior moving violations in the county within five years: court costs plus up to $500.
If you admit the violation or plead no contest on or before your court date, the judgment caps at $35.50 plus court costs regardless of your prior record. The escalating scale only applies when you contest and lose.6Justia. Indiana Code Title 34, Article 28, Chapter 5 – Infraction and Ordinance Violation Enforcement
A Class C infraction is not a criminal offense. It carries no jail time and creates no criminal record. It is, however, a moving violation, so it will appear on your driving record and can affect your insurance. If your conduct causes an accident or injury, separate charges under other traffic or criminal statutes may apply on top of the infraction.