(2) Whenever a pedestrian is crossing, or attempting to cross, a public street or highway, guided by a dog guide 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 the pedestrian is attempting to cross shall bring his or her 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. Penalty:
(a) A pedestrian with a disability has the same rights as any other pedestrian to equal access and use of the streets, sidewalks, highways, and walkways of this State. Encourage local elected officials to host a press conference about White Cane Safety Day and/or to issue a White Cane Day Proclamation in your community. Right-of-way of blind or deaf pedestrians
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.
The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly 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; provided that a totally blind or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed herein, shall have all the rights and privileges conferred by law upon other persons, and the failure of a totally blind pedestrian to carry such a cane or to use a guide dog in any such places, accommodations or conveyances shall not be held to constitute nor be evidence of contributory negligence. From the Driver’s Manual:
These pedestrians are partially or totally blind. 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) 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.) State Law:
(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)
The court shall fix the term of imprisonment within the following maximum limitations:
Here are some suggestions for helping pedestrians who are blind: State Law:
From the Driver’s Manual:
Violation of sections 304.080 to 304.110, penalty. 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.
§5-15-2. (http://www.legis.state.ia.us/IACODE/1999/321/333.html)
These pedestrians are partially or totally blind, so be especially careful when turning corners or backing up. The blind pedestrian listens to all traffic sounds before deciding to cross the street. Being especially alert for pedestrians in these places will reduce the risk of accidents. 2929.24 Definite jail terms for misdemeanors. Any driver of a vehicle or operator of a motor-driven vehicle who approaches or comes in contact with a person wholly or partially blind carrying a cane or walking stick white in color or white tipped with red, or being led by a guide dog wearing a harness and walking on either side of or slightly in front of said blind person, shall immediately come to a complete stop, and take such precautions as may be necessary to avoid accident or injury to the person carrying a cane or walking stick white in color or white tipped with red or being led by a guide dog. From the Driver’s Manual:
7-22-10.) (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both. Fact: While the White Cane Law is included in the Driver’s Manual, the degree of focus placed on the law in driver’s education classes is dependent on the instructor. Pursuant to VTL Section 1800(b)(1), the penalties for a traffic infraction are a fine of $0 to $150 and up to 15 days in jail.https://law.onecle.com/new-york/vehicle-traffic/VAT01800_1800.html
Criminal Penalty: (Per correspondence from the Office of Secretary of the Maryland Department of Transportation)
49-706. B. [1983 c.338 Section 549; 1985 c.16 Section 280; 2003 c.278 Section 3; 2007 c.70 Section 329; 2011 c.507 Section 2]. State Law:
Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
The law acknowledges the capabilities of the blind and visually impaired community, creating a sense of empowerment and a way to educate others. 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. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian. Drivers must give the right-of-way to any blind person crossing the street. Drivers should be especially alert for pedestrians who are deaf, blind or mobility impaired. The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog. Since President Lyndon B. Johnson proclaimed October 15 of each year to be White Cane Safety Day, the White Cane Law has been central to the safety of people who are blind or visually impaired as they travel and go about their daily activities. Use extra caution when approaching a blind pedestrian.
96-1167, eff. From the Driver’s Manual:
316.1301 Traffic regulations to assist blind persons.—(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. 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. Be alert to a pedestrian guided by an assistance animal or carrying a white cane. A person who is convicted of a violation of this subsection is guilty of a misdemeanor … Penalty: (1) It is a misdemeanor for a person to violate any of the provisions of this chapter unless the violation is declared to be a felony. (2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:
REMEMBER-South Dakota law requires you to stop for any pedestrian carrying a white cane or utilizing a guide dog regardless of whether or not they are in a crosswalk. 3361) Sec. 534.040 Fines for misdemeanors and violations. • around blind pedestrians. A totally or partially blind pedestrian not carrying such a cane or using a service animal or a hearing-impaired or physically disabled pedestrian not using a service animal in any of the places, accommodations, or conveyances listed in section 20-127 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 such a cane or to use a service animal or the failure of a hearing-impaired or physically disabled pedestrian to use a service animal in any such places, accommodations, or conveyances does not constitute and is not evidence of contributory negligence.http://uniweb.legislature.ne.gov/laws/statutes.php?statute=20-128
The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog or a hearing impaired person accompanied by a hearing aid dog. $20.00/250: White Cane Bookmarks: Bookmark with White Cane Law : … Fact: We thank police officers for their service on our roads and streets, especially those who are advocates for white cane safety. Monday to Friday8 a.m. to 4:30 p.m.Open by appointment only.Closed for MLK Day on 1/18.
When these pedestrians are in your vicinity, be especially careful when turning corners or backing up, particularly if you are driving a quiet hybrid vehicle. From the Driver’s Manual:
At any street, road or highway crossing or intersection, where the movement of traffic is not regulated by a traffic officer or by traffic‑control signals, any blind or partially blind pedestrian shall be entitled to the right‑of‑way at such crossing or intersection, if such blind or partially blind pedestrian shall extend before him at arm's length a cane white in color or white tipped with red, or if such person is accompanied by a guide dog. Are You a Senior Citizen Struggling with Vision Loss? Pedestrians using a guide dog or carrying a white cane have absolute right-of-way.
• around blind pedestrians.
Penalty:
(b) Effect of absence of cane or dog.--This section shall not be construed to deprive a totally or partially blind pedestrian not carrying a cane 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 a totally or partially blind pedestrian to carry a cane or to be guided by a guide dog upon the streets, highways or sidewalks of this Commonwealth be held to constitute contributory negligence in and of itself. The court may, pursuant to this section, direct that the person sentenced shall not be released on any basis until the sentence imposed by the court has been served. 7-22-10.
(http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-175.2.html)
11-1024. . Do not turn right without looking first. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white in color (with or without a red tip), a totally or partially blind or hearing impaired pedestrian using a dog guide, a person with physical disabilities using a service animal, or a person with a disability using a wheelchair or a power wheelchair as defined in RCW 46.04.415 shall take all necessary precautions to avoid injury to such pedestrian or wheelchair user. State Law:
(1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both. Penalty:
(2) Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any offense other than a felony shall be sentenced, in addition to any other punishment imposed upon him, to pay a fine in an amount not to exceed:
About “White Cane Laws” Many people are under the impression that each state’s White Cane Law contains a provision that requires drivers to stop for, and/or yield to, pedestrians who are carrying white canes. 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. (Per correspondence from the South Carolina Commission for the Blind, there is no other penalty.) BOARD OF PUBLICATIONS AWARDS: THIS YEAR IT COULD BE YOU! 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