It is quite important because all motorists are subject to it and its penalties. Blind pedestrians will normally have a guide dog or will be using a cane. State Law and Penalty:
(b) (i) Except as provided in Subsection (1)(b)(ii), a person who fails to yield the right-of-way is liable for any loss or damage which results as a proximate cause of the failure to yield the right-of-way to blind or visually impaired persons. A motorist must stop when he/she sees a person with a white or metallic “colored” cane or with a guide dog. The court shall fix the term of imprisonment within the following maximum limitations:
Be particularly watchful for children, elderly and blind persons. (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:
Every driver of a vehicle shall yield the right-of-way to a blind pedestrian carrying a visible white cane or accompanied by a guide dog.
Stop at least 10 feet away until the person is off the roadway. http://uniweb.legislature.ne.gov/laws/statutes.php?statute=28-1314
Drivers always yield the right of way to persons who are blind. WI Stat. (1) A blind or partially blind pedestrian using a guide dog or carrying a cane predominantly white or metallic in color (with or without a red tip);
This person may also be led by a guide dog. (3) For the purposes of this section, a pedestrian is crossing the roadway when any part or extension of the pedestrian, including but not limited to any part of the pedestrians body, wheelchair, cane, crutch, bicycle or leashed animal, moves onto the roadway with the intent to proceed.
From the Driver’s Manual:
(1) The penalty for committing a violation is a fine. Many law-enforcement officials offer organized events to meet police officers. Turning may result in the blind pedestrian becoming disoriented and vulnerable to being hit by another right turning vehicle when attempting to cross the street. You must yield to pedestrians within crosswalks. You must yield the right-of-way to any pedestrian using a guide dog or carrying a white cane. A totally or partially blind pedestrian who is carrying a predominantly white cane (with or without a red tip), or using a guide dog, shall have the right-of-way, and the driver of any vehicle approaching this pedestrian, who fails to yield the right-of-way, or to take all reasonably necessary precautions to avoid injury to this blind pedestrian, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by … State Law:
BE EXTRA ALERT. Penalty:
a blind or partially blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog/service animal; a deaf or partially deaf person accompanied by a guide/service dog; a mobility-impaired individual using a manual or motorized wheelchair, motorized scooter, crutch, cane or walker. .
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.
86-1475.) State Law:
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. 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 which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where such pedestrian is attempting to cross, shall bring his vehicle to a full stop before arriving at such intersection or place of crossing, and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian. (b) The driver of a vehicle approaching an intersection or crosswalk where a pedestrian guided by an assistance animal or carrying a white cane is crossing or attempting to cross shall take necessary precautions to avoid injuring or endangering the pedestrian. 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. Do not give the blind pedestrian verbal directions. (2) This section is subject to the provisions and definitions relating to the rights of pedestrians who are blind or blind and deaf under ORS 814.110 (Rights for persons who are blind or who are blind and deaf). From the Driver’s Manual:
It is the policy of this state to encourage and enable persons who are blind or otherwise visually impaired or who have a disability to participate fully in the social and economic life of the state and to … Penalty:
Being especially alert for pedestrians in these places will reduce the risk of accidents. Section 13-802. State Law:
(3) For the purposes of this section, a pedestrian is crossing the roadway when any part or extension of the pedestrian, including but not limited to any part of the pedestrians body, wheelchair, cane, crutch, bicycle or leashed animal, moves onto the roadway with the intent to proceed. From the Driver’s Manual:
The driver of every vehicle shall yield the right of way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog. Announces Position Statement on the Misrepresentation of Service Animals, Healthy Foods and Drinks Coming to Government Workplaces, Humana Offers Talking Prescription Labels for Members with Visual Impairments, National Parks in California Will Become More Accessible to The Blind or Visually Impaired, Nationwide Class Action Challenges Hulu’s Discrimination against Blind and Visually Impaired Individuals, USBLN and the American Council of the Blind form partnership, United States Holocaust Memorial Museum Audio Described Tour, Walgreens Launches Nationwide Program Offering Talking Prescription Devices for Customers with Visual Impairments, http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/32-5a-220.htm, http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/32-5a-8.htm, https://www.codepublishing.com/AK/Sitka/html/Sitka11/Sitka1113.html, https://law.justia.com/codes/arkansas/2010/title-20/subtitle-2/chapter-14/subchapter-3/20-14-306/, http://www.dmv.ca.gov/pubs/vctop/d11/vc21963.htm, http://search.jurisearch.com/NLLXML/getcode.asp?userid=PRODSG&interface=NLL&statecd=CO&codesec=42-4-808&sessionyr=2012&Title=42&datatype=S&noheader=1&nojumpmsg=0, http://www.cga.ct.gov/current/pub/Chap249.htm#Sec14-300.htm, http://search.cga.state.ct.us/dtsearch_pub_statutes.html, https://codes.findlaw.com/de/title-16-health-and-safety/, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1301.html, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0318/Sections/0318.21.html, https://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-5/40-6-94/, https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-0017.htm, https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-0018.htm, http://www.legislature.idaho.gov/idstat/Title49/T49CH7SECT49-706.htm, http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3252&ChapterID=49, http://www.in.gov/legislative/ic/code/title9/ar21/ch17.html, http://www.legis.state.ia.us/IACODE/1999/321/333.html, http://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&input=805.8A, http://kansasstatutes.lesterama.org/Chapter_8/Article_15/8-1542.html, http://kansasstatutes.lesterama.org/Chapter_8/Article_21/8-2118.html, http://kentuckystatepolice.org/violation_codes/Condensed_Version_Violation_Codes_9_30_04.txt, http://www.legis.state.la.us/lss/lss.asp?doc=88192, http://www.legis.state.la.us/lss/lss.asp?doc=88472, http://www.mainelegislature.org/legis/statutes/29-a/title29-Asec2056.html, https://law.justia.com/codes/maryland/2005/gtr/21-511.html, http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section14A, http://www.legislature.mi.gov/(S(cx5qz5u4cnjhkc550vwt1jz3))/mileg.aspx?page=getobject&objectname=mcl-752-52&query=on&highlight=blind, https://www.revisor.mn.gov/statutes/cite/169.202, https://www.revisor.mn.gov/statutes/cite/169.89, http://www.mscode.com/free/statutes/43/006/0003.htm, http://www.mscode.com/free/statutes/43/006/0011.htm, http://www.moga.mo.gov/statutes/C300-399/3040000080.HTM, http://www.moga.mo.gov/statutes/C300-399/3040000110.HTM, http://data.opi.mt.gov/bills/mca/61/8/61-8-516.htm, http://data.opi.mt.gov/bills/mca/61/8/61-8-711.htm, http://uniweb.legislature.ne.gov/laws/statutes.php?statute=20-128, http://uniweb.legislature.ne.gov/laws/statutes.php?statute=28-1314, http://uniweb.legislature.ne.gov/laws/statutes.php?statute=28-106, http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-484B.html#NRS484BSec290, http://www.gencourt.state.nh.us/rsa/html/xxi/265/265-mrg.htm search for 265:41, http://www.gencourt.state.nh.us/rsa/html/xxi/265/265-mrg.htm, http://www.nh.gov/safety/divisions/dmv/financial-responsibility/demerit.htm, https://www.lawserver.com/law/state/new-jersey/nj-laws/new_jersey_laws_39_4-37-1, http://www.judiciary.state.nj.us/mcs/mcsmemo/1_10_11_finesandpen_commonmv.pdf, http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm, http://public.leginfo.state.ny.us/lawsseaf.cgi?querytype=laws+&querydata=$$vat1153$$@txvat01153+&list=law+&browser=explorer+&token=15944002+&target=view, https://law.onecle.com/new-york/vehicle-traffic/VAT01800_1800.html, http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-175.2.html, http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-177.html, http://www.legis.nd.gov/cencode/t39c10.pdf, http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os7.rtf, http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.035.049.000..HTM, http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-18/31-18-14.HTM, http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-18/31-18-16.1.HTM, https://www.scstatehouse.gov/code/t43c033.php, http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=32-27-7, http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=22-6-2&Type=Statute, https://www.lawserver.com/law/state/tennessee/tn-code/tennessee_code_55-8-180, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.552.htm, http://le.utah.gov/code/TITLE41/htm/41_06a100700.htm, http://le.utah.gov/code/TITLE41/htm/41_06a020200.htm, http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=23&Chapter=013&Section=01057, https://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-932.1&000+cod+46.2-932.1, https://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-933&000+cod+46.2-933, https://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-934&000+cod+46.2-934, http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-11, http://apps.leg.wa.gov/rcw/default.aspx?cite=70.84.040, http://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chap=05&art=15§ion=5, http://docs.legis.wisconsin.gov/statutes/statutes/346/IV/26, https://docs.legis.wisconsin.gov/statutes/statutes/346/IV/29, http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title35/T35CH13AR2.htm, https://www.wyoleg.gov/statutes/titles/Title31/T31CH5AR12.htm. State Law:
(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. (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. 265:41 Care Required. Blind or Deaf Pedestrians or Mobility Impaired Individuals Right-of-Way at Crossings
39:4-203 - General penalty for violations of chapter
Wisconsin law asserts that drivers must stop ten feet from a pedestrian carrying a white cane or using a guide dog, and the penalties are the fines noted above. C. Nothing contained in this Section 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 streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways or sidewalks of this state, be held to constitute nor be evidence of contributory negligence. Fines for misdemeanors
White Cane Law. Title 29A-2056.9
Any person who shall be convicted of a violation of any of the provisions of this Article herein or by the laws of this State declared to constitute a felony shall, unless a different penalty is prescribed herein or by the laws of this State, be punished as a Class I felon.http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-177.html
7-1001 and 7-1002 shall have all of the rights and privileges conferred by law on other persons, and the failure of such a blind pedestrian to carry such a cane or the failure of a blind or deaf pedestrian to use a dog guide in any such places, accommodations, or conveyances shall not be held to constitute nor be evidence of contributory negligence. The failure of a totally or partially blind pedestrian to carry a cane or the failure of a handicapped pedestrian to use an assistance dog in any of these places, accommodations, or conveyances does not constitute negligence.https://www.scstatehouse.gov/code/t43c033.php (scroll down to Section 43-33-30)
Failure to observe a blind person is a Class III misdemeanor. Don’t wait too long for the blind pedestrian to cross the street. (A) As used in this section “blind person” or “blind pedestrian” means a person having not more than 20/200 visual acuity in the better eye with correcting lenses or visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees. Pedestrians using a guide dog or carrying a white cane have absolute right-of-way. 2.Petty misdemeanor penalty; no jury trial. 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. 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. 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. 321.333 Duty of drivers
From the Driver’s Manual:
(3) A mobility impaired individual crossing a roadway while using any of the following mobility-assisted devices:
The following laws or rules also apply:
It is also an inconvenience for others attempting to cross and violates the rule of always yielding to pedestrians. (www.lrc.state.ky.us/krs/189-00/575.PDF)
State Law and Penalty: Visually Handicapped Pedestrian Vehicle Code 21963. Slow down and be prepared to stop, if necessary.
Fines for Class One Traffic Offenses may be from $300 to $1,000. From the Driver’s Manual:
When a pedestrian who has a white cane or is being led by a guide dog is crossing or waiting to cross the street ahead of you, you must stop and yield the right-of-way. State Law:
From the Driver’s Manual:
(A) exercise due care in approaching and crossing roadways; and
(From the Vehicle and Traffic Offenses Booklet, Version B: Offenses Listed By Category)
(8) A violation of Section 21–511(a) of this article. 318.18 Amount of civil penalties
Stop and stay stopped if the person is attempting to cross or is in the process of crossing the road. Pedestrians who are blind or have guide dogs. Drivers must always yield the right-of-way to persons who are blind. Getting visible and raising awareness can be the best way to educate. 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. The failure of a blind person or guide dog instructor to comply with the provisions of this act shall not give rise to a conclusive presumption of contributory negligence by such person. (i) carrying a clearly visible white cane; or
Don't give the blind pedestrian verbal directions. 7-22-10. 2. In some cases, the driver is issued a citation, but not in all cases. Interference with rights hereunder; penalties. Any person who violates any provision of this section commits a class A traffic offense. §5-15-2. Take special precautions as may be necessary to avoid accident or injury to the pedestrian. State Law:
346.30 Penalty for violating sections 346.23 to 346.29. (6) "White cane" means a cane or walking stick that is metallic or white in color, or white tipped with a contrasting color, and that is carried by a blind person to assist the blind person in traveling from place to place. 20-14-306 Reasonable precautions by drivers. It is important that we as members of the blind and visually impaired community undertake initiatives to provide education to police about knowing and enforcing this law. (ii) Blind or visually impaired persons shall:
A person charged with a petty misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. Section 31-18-14 Full stop for pedestrian with guide dog or white cane. State Law:
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. Blind pedestrians have special protection under the law. "White cane" means a cane that is predominantly white or metallic in color, with or without a red tip, that is held in an extended or raised position.
Yield the right-of-way (slow down and prepare to stop) to blind pedestrians, whether they have a white cane or a guide dog, or are being led by others. (http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm)
How Can We Complete Our Business During Meetings More Efficiently? Blind and/or hearing impaired pedestrian has right-of-way. A. A totally or partially blind pedestrian who is carrying a predominantly white cane (with or without a red tip), or using a guide dog, shall have the right-of-way, and the driver of any vehicle approaching this pedestrian, who fails to yield the right-of-way, or to take all reasonably necessary precautions to avoid injury to this blind pedestrian, is guilty of a misdemeanor, punishable by imprisonment in the county jail … Better spent in educational projects to inform Law enforcement and the general public totally or partially blind White with White... Criminal conviction or jail time yield to pedestrians who are blind it shall be unlawful any. Alert for pedestrians in these places will reduce the risk of accidents well informed about the Law acknowledges capabilities... 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