(775 ILCS 30/2) (from Ch. A blind pedestrian listens to all traffic sounds before deciding to cross the street. 96-1167, eff. Blind pedestrians will normally have a guide dog or will be using a cane. White Canes and Guide Dogs. Blind pedestrians have special protection under the law. Section 1057.
The driver of any vehicle approaching this pedestrian, who fails to yield the right-of-way, or to take all responsibility necessary precautions to avoid injury to this blind pedestrian, is guilty of a misdemeanor. (b) Every person convicted of a misdemeanor for a violation of any of the provisions of this act or rules and regulations authorized under this act for which another penalty is not provided shall:
Pedestrians Who Are Blind
If this means that you must come to a complete stop, then do so. ACB 2020 Virtual Convention: That’s a Wrap! (https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-0017.htm)
Avoid honking the horn or revving the engine; these noises are distracting and cover important audible cues used by the blind. (i) carrying a clearly visible white cane; or
Photography by Big Dreamers United & DesignCraft Advertising. (a) Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick, white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where the pedestrian is attempting to cross, shall bring his or her vehicle to a full stop before arriving at the intersection or place of crossing and before proceeding shall take such precautions as may be necessary to avoid injuring the pedestrian. (1) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian who is carrying a cane or walking stick which is white in color or white trimmed with red and which is held in an extended or raised position or who is using a service animal, as defined in §106.52 (1) (fm), and shall take such precautions as may be necessary to avoid accident or injury to the pedestrian.
Visually Handicapped Pedestrian
For a violation of a provision of this chapter or any supplement thereto for which no specific penalty is provided, the offender shall be liable to a penalty of not more than $50.00 or imprisonment for a term not exceeding 15 days, or both; except that for a violation of a section of article 11, 13, 14 or 17 of this chapter or any supplement thereto for which no specific penalty is provided, the offender shall be liable to a penalty of not less than $50.00 or more than $200.00 or imprisonment for a term not exceeding 15 days, or both.http://www.judiciary.state.nj.us/mcs/mcsmemo/1_10_11_finesandpen_commonmv.pdf (search for 39:4-37.1)
State Law:4511.47 Right-of-way of blind person.
Here are some suggestions for helping pedestrians who are blind: State Law:
Failure to yield right-of-way to a visually impaired pedestrian. From the Driver’s Manual:
Fact: Each state has its own White Cane Law and they vary widely. Penalty:
35-13-202.Drivers to take precautions; liability. Penalty:
Section 13-802. A totally or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed in Section 9502 shall have all of the rights and privileges conferred by law upon other persons and the failure of a totally or partially blind pedestrian to carry a cane or use a dog in any such places, accommodations or conveyances shall not be conclusively held to constitute nor be evidence of contributory negligence. THE MMS PROGRAM MAKES IT EASIER FOR YOU TO HELP ACB by Dena Wilson, THE SUNNY SOUTHWEST: ACB CONFERENCE AND CONVENTION 2010 by Carla Ruschival, Here and There, edited by Sue Lichtenfels, YOU CAN SHOP ANYTIME AT THE ACB STORE by Carla Ruschival, Library Users of America to Host Book Flea Market, by Peggy R. Garrett, The Braille Forum, February 2012 Downloads, The Braille Forum March 2012 Download Page, DKM First-Timer Program: A Tribute to an ACB Pioneer by Allen J. Casey, Here and There edited by Sharon Strzalkowski, Shopping for Health Care: Comparing Hospitals Can Help Consumers Make Good Decisions by Ron Pollack, Here and There, edited by Sharon Strzalkowski, ACB's Legislative Priorities for 2014, by Melanie Brunson, Board of Publications Awards Your Excellence in 2014, Community Outreach Challenge, by Tristen Breitenfeldt, Conducting Business with Social Security: What You Should Know and How You Can Help, by Len Burns, How to Get the Most Out of Rehab, Part III: Available Services, by Doug Powell, In Memoriam: Buddy Spivey, Dec. 31, 1941-Jan. 9, 2014, Las Vegas: Deal Us In!, by Janet Dickelman, Membership Focus: Creative Ways to Meet, Especially in Rural Areas, compiled by Ardis Bazyn, President's Message: Be Sure You Are Protected!, by Kim Charlson, Summary of the Fall 2013 ACB Board Meeting, by Denise Colley, Snowflakes and Birthday Cake: It’s Holiday Auction Time, by Carla Ruschival, The ACB Braille Forum, November 2014 downloads, Your Options for Medicare Supplemental Coverage by Ron Pollack, Accessing the ACB Forum and E-Forum: Let Me Count the Ways, by Judy Wilkinson, A Telecommuting Job Could Be Just What You Are Looking For, by Dr. Ronald E. Milliman, ACB’s Stars Will Shine Bright in Dallas, by Janet Dickelman, Best Audio Holiday Season Ever, by Susan Glass, Board of Publications Again Awards Your Excellence in Media and Writing in 2015, Call for Nominees for 2015 ACB Awards!, by Chelle Hart & Chip Hailey, Last Call: The DKM Train Is Leaving the Station, by Allen Casey, Let the Stars Shine Bright on the ACB Brenda Dillon Memorial Walk, by Donna Brown, Tax Tips from the IRS, by Melanie Brunson, The ACB Braille Forum, March 2015 downloads, President’s Message: More on Accessible Prescription Labels, by Kim Charlson, The Importance of Grassroots, by Kathy Brockman, Convention Week Sneak Preview, by Janet Dickelman, ACB Fall Board Meeting Report, by Ron Brooks, Awards Committee Seeks Nominees for 2017 ACB Awards, Celebrate the Life and Legacy of Durward K. McDaniel Support the DKM FirstTimer Program, Helpful Hints for Attending the Convention, Ida Schwerzel A Century of Memories Part 2, In Memoriam: Otis H. Stephens Jr. Sept. 20, 1936-Dec. 2, 2016, Presidents Message Planning for the Future, President’s Message: First Virtual Convention, Summary of Board of Dir.
Duty of driver approaching blind pedestrian; effect of failure of blind person to carry white cane or use dog guide. (c-1) A portion of the community service required under Subsection (c)(2) shall include sensitivity training. From the Driver’s Manual:
(a) The driver of a vehicle shall yield the right-of-way to:
(8) A violation of Section 21–511(a) of this article. Also note these rules concerning pedestrians: State Law:
Never pass another vehicle which is stopped. . A person who owns an animal shall restrain and control such animal on a leash when in proximity to a guide dog that is on a public or private way. Stop at least 10 feet away until the person is off the roadway. L18-0146 (Bill 18-207 effective Saturday, May 22, 2010)
Pedestrians who are blind or have guide dogs. It is the policy of this State to encourage and enable persons who are blind, persons who have a visual disability, and persons who have other physical disabilities to participate fully in the social and economic life of the State and to engage in remunerative employment. (Source: P.A. This makes it especially difficult for a visually impaired or blind person to cross the street. (http://www.nh.gov/safety/divisions/dmv/financial-responsibility/demerit.htm and scroll down to 265:37 or 265:41)
From the Driver’s Manual:
In other words the law allows for compensatory and punitive damages. A. RCW 70.84.040
(3) A mobility impaired individual crossing a roadway while using any of the following mobility-assisted devices:
(1) Any pedestrian, other than a person in a wheelchair, or any driver of a vehicle who approaches a person who has an obviously apparent disability of blindness, deafness, or mobility impairment shall immediately come to a full stop and take such precautions before proceeding as are necessary to avoid an accident or injury to said person. (1) A violation of any provision of this chapter is a class C misdemeanor, unless otherwise provided.http://le.utah.gov/code/TITLE41/htm/41_06a020200.htm
Class C misdemeanor
If the person takes a step back and pulls in his or her cane, that's a definite sign that you should go. The primary traveling aids for a person who is blind are often a white cane or a trained guide dog. From the Driver’s Manual:
Both Drivers and Pedestrians must take care to avoid crash or injury to blind or partially sighted people. State Law and Penalty:
Blind or partially blind pedestrians may carry a white cane or use the assistance of a guide dog. It is the policy of this state to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment. Duty of drivers of vehicles. Take special precautions as may be necessary to avoid accident or injury to the pedestrian. 318.18(d)(3)(a) Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance. Violation of sections 304.080 to 304.110, penalty. (https://codes.findlaw.com/de/title-16-health-and-safety/)
(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both;
Attending and talking with them about the White Cane Law and why it matters can be a great way to spread awareness. Penalty:
(a) General rule.--The driver of a vehicle shall yield the right-of-way to any totally or partially blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog and shall take such precautions as may be necessary to avoid injuring or endangering the pedestrian and, if necessary, shall stop the vehicle in order to prevent injury or danger to the pedestrian. We are unable to link to the text which is available only on Westlaw.) The Council will have such posts containing these beliefs and facts throughout early October, and you can easily share them with family and friends. (http://www.gencourt.state.nh.us/rsa/html/xxi/265/265-mrg.htm search for 265:41)
Notwithstanding other provisions of this section, an operator who fails to yield the right-of-way to a visually impaired pedestrian who is carrying a cane that is predominately white or metallic in color, with or without a red tip, or using a guide or personal care dog as defined in Title 17, section 1312, commits a traffic infraction. They include:
The driver of a vehicle approaching a visually impaired pedestrian who is carrying a white or metallic cane, is using a guide dog or is assisted by a sighted person, must yield the right of way and take precautions to avoid injury to the pedestrian. Title 7 Subtitle B-i Chapter 10 Section 7-1004. At White Law PLLC, we use a team approach to solve our clients’ legal issues, an approach that combines decades of shared insight with the use of advanced technology in the office and the courtroom. These are indicators that you are in a high pedestrian traffic zone. Failing to observe a blind person; penalty. Drivers must always come to a complete stop when approaching a blind person who is crossing a street or highway, when such person is carrying a white cane or is being guided by a dog, regardless of any traffic control signs or signals which may be in operation. (1) It is unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red. They are usually led by a guide dog or carrying a white cane (with a red bottom tip) which is used to guide them while walking.
-- After the conviction of an individual for a violation of Title 2, Subtitle 5, Section 2–209, or Section 3–211 of the Criminal Law Article, or of the vehicle laws or regulations of this State or of any local authority, points shall be assessed against the individual as of the date of violation and as follows:
At a stop light or sign, do not stop your vehicle more than 5 feet from the crosswalk, unless there is an advance stop bar (line). Crosswalks. Section 5-15-4. Acts 1979, 66th Leg., p. 2425, ch. These pedestrians are partially or totally blind, so be especially careful when turning corners or backing up. In this online forum we will cover the history of the white cane in the United States, break down all the elements of the White Cane Law and explain how it really impacts our students’ safety while crossing streets. (1) A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide or walker. Be particularly watchful for children, elderly and blind persons.
Violation; when petty misdemeanor enhanced to misdemeanor. State Law:
Safety standards for drivers of motor vehicles. Don't wait too long for the blind pedestrian to cross the street. Anyone can purchase a shirt to wear in their community throughout the day. is a misdemeanor to which the provisions of subdivision 2 shall not apply. Nothing contained in Section 46.2-933 shall be construed to deprive any totally or partially blind or otherwise incapacitated person not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing highways. Any person who violates section 347-16 or 347-17 shall be fined not more than $100 or imprisoned not more than six months, or both.https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-0018.htm
Michigan law requires you to stop or yield the right-of-way when you see a pedestrian with a white cane or guide dog. State Law:
Look for any pedestrians, especially blind pedestrians or traffic, before starting your turn. 11-1024. Blind and incapacitated pedestrians; use of canes; persons in wheelchairs; vehicles
Pedestrians using a dog guide or carrying a white cane have absolute right-of-way (even if not at an intersection.)
318.18 Amount of civil penalties
From the Driver’s Manual:
A totally or partially blind pedestrian not carrying a white cane or a totally or partially blind or hearing impaired pedestrian not using a dog guide in any of the places, accommodations, or conveyances listed in RCW 70.84.010, shall have all of the rights and privileges conferred by law on other persons. Drivers of electric and hybrid vehicles must be extra alert to blind pedestrians, as they may be unaware of your presence due to the nearly silent nature of these vehicles.
These shirts are produced for the White Cane Day Celebration taking place in Milwaukee on October 15.
Pedestrians using guide dogs or white canes with or without a red tip must be given the right-of-way at all times. (ii) For a second conviction of the same offense within one (1) year thereafter, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both;
Indiana White Cane Law Rights of Blind and Other Physically Disabled Persons. Upon a third or subsequent conviction within 1 year after the first conviction, the person shall be punished by a fine of not less than $50 or more than $500.http://data.opi.mt.gov/bills/mca/61/8/61-8-711.htm
Pedestrians Who Are Blind
(c) Nothing in this section deprives any totally or partially blind or otherwise incapacitated person, not carrying a cane or walking stick and not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, and the failure of any totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon streets, highways or sidewalks within this state, does not constitute and is not evidence of contributory negligence.http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=23&Chapter=013&Section=01057
From the Driver’s Manual:
The pedestrian has the same rights as any other person whether or not the pedestrian is carrying the cane, using a service animal or being assisted by a sighted person. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominately white or metallic in color (with or without a red tip) or using a guide dog shall take all necessary precautions to avoid injury to such blind pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian. These pedestrians are partially or totally blind. Section 27-101(b) Except as otherwise provided in this section, any person convicted of a misdemeanor for the violation of any of the provisions of the Maryland Vehicle Law is subject to a fine of not more than $500. From the Driver’s Manual:
Watch for blind pedestrians who may be carrying a white or metallic cane or using a guide dog. Penalty:
Blind people are the most vulnerable pedestrians, and you have a special obligation to protect them. Penalty:
(a) Whenever any pedestrian guided by a guide dog or dog on a blaze orange leash, or carrying in any raised or extended position a cane or similar stick white in color or white tipped with red, shall undertake to cross any public street or thoroughfare in this state, the driver of each and every vehicle approaching that pedestrian carrying the cane or stick or conducted by such dog shall bring such vehicle to a complete stop and before proceeding shall take all precautions necessary to avoid injuring the pedestrian; provided, that nothing in this section shall be construed as making any person totally or partially blind or otherwise incapacitated guilty of contributory negligence in undertaking to cross any street or thoroughfare without being guided by a trained dog or carrying a cane or stick of the type specified in subsection (a). Service animals; rights of individuals with disabilities; violation; classification; definitions
(b) Where the movement of vehicular traffic is regulated by traffic control devices, a driver approaching a pedestrian who is blind or blind and deaf shall stop and remain stopped until the pedestrian has vacated the roadway if the pedestrian has entered the roadway and is carrying a white cane or is accompanied by a dog guide.
– Any person who shall violate the provisions of § 31-13-6(3)(i) at an intersection where a pedestrian is crossing or attempting to cross a public street or highway guided by a seeing-eye dog or a hearing-ear signal dog, clearly identified by a yellow harness, which has been trained and educated to guide and assist the pedestrian in traveling upon the public streets, or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-18/31-18-16.1.HTM
(a) Give special consideration to the bearer of a white cane or user of a guide dog; and
Use of Travel Aids by Blind Persons (Excerpt) Act 10 of 1937
A person who is not legally blind may not use a white cane or guide dog for the purpose of securing the right-of-way provided by this section.https://www.codepublishing.com/AK/Sitka/html/Sitka11/Sitka1113.html
Fact: We thank police officers for their service on our roads and streets, especially those who are advocates for white cane safety. Don't stop in the middle of a crosswalk. A violation of this section is a Class 2 misdemeanor.http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=32-27-7
It is quite important because all motorists are subject to it and its penalties. A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal. Crossing Where There Is No Traffic Control, Finding the Crosswalk and Aligning to Cross, Regulations Related to Accessible Public Rights-of-Way, Rehabilitation Issues Task Force Revised Rehabilitation White Paper, Whitepaper On Rehabilitation and Training, Computer Products, Publications, Training, and Information Sources, Useful Products for Blind and Visually Impaired Persons. When a blind or visually impaired pedestrian using a guide dog or carrying a cane, which is white in color or white with red tip, or a hearing impaired person with a dog on a blaze orange leash, is crossing any portion of the roadway, even if not at an intersection or crosswalk. Reach out to local law enforcement, serving as a resource to provide information to them about the White Cane Law. A subsequent violation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than ninety days, or both.http://www.legis.state.la.us/lss/lss.asp?doc=88472
If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. Any driver of a vehicle who approaches or encounters such a person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the person. For purposes of this section, a "dog guide" means any dog that is specially trained to guide a blind person.http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os7.rtf (scroll down to Section 7-12 Duty of drivers of vehicles)
Pedestrians using guide dogs or white canes with or without a red tip must be given the right of way at all times.
The law is very specific that vehicles must give the right-of-way when any of the following crosses any highway or intersection: blind persons who use a predominantly white or metallic cane, blind persons accompanied by a guide dog, or a guide dog instructor engaged in instructing a guide dog. (625 ILCS 60/15)
Violations of chapter -- Penalties. Penalty:
This article shall be known as the "White Cane Law." No text in drivers manual. Drivers always yield the right of way to persons who are blind. (a) A driver approaching a pedestrian who is blind or blind and deaf, who is carrying a white cane or accompanied by a dog guide, and who is crossing or about to cross a roadway, shall stop and remain stopped until the pedestrian has crossed the roadway. From the Driver’s Manual:
Sec. State Law:
Efforts would be better spent in educational projects to inform law enforcement and the general public of the existence of the White Cane Law. Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.https://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-933&000+cod+46.2-933
Violation of the White Cane Law is a Class A misdemeanor.
The following is extracted from the Ohio Revised Code (ORC). (2) A pedestrian other than a blind or visually impaired person may not carry a cane as described in Subsection (1).http://le.utah.gov/code/TITLE41/htm/41_06a100700.htm
(c) For Class 3 misdemeanors, a fine of not more than $500.http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-11 (Scroll down to Class 3 misdemeanors.) How Can We Reactivate Past Members and “Wow” Our Current Members to Retain Them? State Law:
Section 21. A white cane primarily allows its user to scan their surroundings for obstacles or orientation marks, but is also helpful for onlookers in identifying the user as blind or visually impaired and taking appropriate care. Drivers must come to a full STOP when a blind person approaches. The blind person has no idea who you are honking at and may be startled by the noise. 2.Blind pedestrian has right-of-way.Any person operating a motor vehicle in this state shall bring such motor vehicle to a stop and give the right-of-way at any intersection of any street, avenue, alley or other public highway to a blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without red tip, or using a guide dog, when such blind person enters said intersection.https://www.revisor.mn.gov/statutes/cite/169.202
From the Driver’s Manual:
It shall be unlawful for the operator of any vehicle to drive into or upon any crosswalk while there is on such crosswalk such pedestrian or wheelchair user crossing or attempting to cross the roadway, if such pedestrian or wheelchair user is using a white cane, using a dog guide, using a service animal, or using a wheelchair or a power wheelchair as defined in RCW 46.04.415. By requesting this white cane I acknowledge that: It must be more than six months since your previous request for a white cane. The Service Animal Access Act and White Cane Law are state criminal laws that guarantee the right of a person with a disability to be accompanied by a service animal in public. SPOTLIGHT YOUR AFFILIATE WITH A BOP AWARD! From the Driver’s Manual:
• around blind pedestrians. Yes, it’s legal to take a white cane through security at an airport, according to the TSA, but it has to … In either case, this person always has the right of way. Organize a walk through your town with people using white canes. On White Cane Awareness Day, and throughout Meet the Blind Month, members of the NFB conduct activities in their local communities such as white cane walks, film screenings, and social events.. Work with your chapter or state president to get the word out about your event. Violation of provisions to constitute misdemeanor; penalties.
(d) The operator of a motor vehicle who approaches or comes into the immediate vicinity of a pedestrian who is blind, as defined in subsection (a) of section 1-1f, carrying a white cane or a white cane tipped with red, or a pedestrian being guided by a guide dog, shall reduce speed or stop, if necessary, to yield the right-of-way to such pedestrian. The stopping distance is a secondary issue. When a pedestrian is crossing a street or highway guided by a dog or carrying a white cane (or a white cane with a red tip), vehicles must come to a complete stop. Subdivision 1.Limitation on carrying. Title 29A-2056.9
Show your support for White Cane Day by ordering a t-shirt. You must remain stopped until the person has safely crossed. (Personal communication from Bill Sadler, Public Information Officer, Arkansas State Police)
An infraction is a violation of an ordinance or statute that does not subject the person to a criminal conviction or jail time.
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Except as otherwise provided in chapter 318 and crosswalks: when driving, you should yield right-of-way. An individual should do when encountering a blind pedestrian it shall be of! Rules of the American Council of the White cane and passing ordinances penalties ; distribution of.... Must come to a jury this forces the blind person ( N.J.S.A guide dog car and into traffic of! Violations of Uniform Rules of the White cane or service animal Access Act is a violation of crosswalk! Or use dog guide Class One traffic offense Tickets are the most serious misdemeanor traffic offenses be... By an assistance animal or carrying identifying cane given right of way to spread awareness and pulls in or... ” Our Current Members to Retain them crossing the road //www.legis.state.ia.us/IACODE/1999/321/333.html ):. | Site Map, Wisconsin Council of the crosswalk, not in the applicable court may impose other penalties addition... Observe a blind person to carry White cane or use dog guide out for blind! 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