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
Handicapped pedestrians not carrying white cane or using dog guide — Rights and privileges. 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. 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. 169.202 BLIND PERSON CARRYING WHITE CANE.
A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal.
The authorized punishments for conviction of a misdemeanor are:
Subdivision 1. The laws in each state vary widely and drivers do not always reliably stop for pedestrians who carry white canes.
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. (http://www.legislature.idaho.gov/idstat/Title49/T49CH7SECT49-706.htm)
This webpage was last updated on October 24, 2013. (2) exclusive of violations relating to the standing or parking of an unattended vehicle, a violation of any of the provisions of this chapter, classified therein as a petty misdemeanor, when preceded by two or more petty misdemeanor convictions within the immediate preceding 12-month period; Subd. Section 552.010. If the trial is by jury, the jury shall have the discretion. State Law:
(1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian who is blind if the driver violates any of the following:
No text in drivers’ manual. White Law PLLC was founded to provide more personalized representation to clients facing legal dilemmas. "Service animal" means a service animal as defined by the Code of Federal Regulations (28 CFR 36.104). 39:4-37.1). (4) The offense described in this section, failure to stop and remain stopped for a pedestrian who is blind, is a Class B traffic violation. Failing to observe a blind person; penalty. Duty of drivers of vehicles. 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
265:41-a Approaching a Service Animal. (1) A person commits the offense of failing to observe a blind person if as an operator of any vehicle or other conveyance, he fails to:
August 28, 2012http://www.moga.mo.gov/statutes/C300-399/3040000080.HTM
However, just like drivers, police might not be well informed about the law and how to recognize or handle a violation. Most blind persons are easily recognized by the white cane they carry and/or by their guide dog. 61-8-516. The driver of a vehicle in the District of Columbia approaching a blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or a deaf pedestrian, either of whom is using a dog guide shall take all necessary precautions to avoid injury to such blind or deaf pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian. Are You a Senior Citizen Struggling with Vision Loss?
86-1475.) State Law and Penalty:
When approaching a pedestrian with a disability who is utilizing a guide dog, a white cane, a wheelchair or other assistive device on a sidewalk or roadway, the pedestrian has the right-of-way and is granted the same rights as any pedestrian. Do not honk your horn at a blind person. Penalty:
Visually Challenged Persons
Look out for the elderly, who may have poor vision and hearing. The fact that the pedestrian may be violating any of the laws applicable to pedestrians does not relieve the operator of a vehicle from the duties imposed by this subsection. Precautions for drivers of motor vehicles approaching a wheelchair user or pedestrian who is using a white cane, dog guide, or service animal. Motor vehicles must yield to pedestrians when: State Law and Penalty:
Belief: The White Cane Law is adequately covered in driver’s education. 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.
It also explains what an individual should do when encountering a blind person. Also note these rules concerning pedestrians: State Law:
From the Driver’s Manual:
1. (c) For a violation, two hundred fifty dollars ($250)www.lrc.ky.gov/krs/534-00/040.PDF
If the person takes a step back and pulls in his or her cane, that’s a definite sign that you should go.
1. Driver to take precautions approaching blind; liability for damage. (2) 30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year. 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. (b) No person, unless blind or visually impaired, shall use on any street or highway a cane which is metallic or white in color or white with a red tip. Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=22-6-2&Type=Statute
Getting visible and raising awareness can be the best way to educate. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian. Find it on our website or call the Council at 800-783-5213 to request a copy.
Violation of provisions to constitute misdemeanor; penalties. (B) yield the right-of-way to authorized emergency vehicles giving an audible warning signal. Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed. A blind pedestrian who does not carry a cane or use a dog guide or walker has all of the rights and privileges conferred upon any other pedestrian by the laws of this state.
(b) Nothing in this Act shall be construed to deprive any person with a disability who is not using a mobility device, not accompanied by a visibly identifiable service animal, or not carrying or using a white cane of the rights of other pedestrians, nor shall such an occurrence be conclusively held to constitute evidence of contributory negligence. Pedestrians using a dog guide or carrying a white cane have absolute right-of-way (even if not at an intersection.) A blind pedestrian uses the sound of your engine as a guide, so drive up to the crosswalk to allow the person to hear you. Blind pedestrians may use a white cane or a guide dog. The stopping distance is a secondary issue. Pedestrians who are blind or have guide dogs.
Pedestrians using guide dogs or white canes with or without a red tip must be given the right of way at all times, regardless of the traffic signal or traffic situation. Penalty:
Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor. Do not use your horn as it could confuse or frighten the blind pedestrian. There is no time requirement on the topic, so some instructors might cover it extensively, while others spend a short time-as little as a few minutes-talking about the law. (http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm)
Section 46.2-934. 9. The White Cane Law states that a driver must come to a complete stop when a blind pedestrian is crossing a street. The driver of a vehicle approaching a blind, partially blind, deaf or hearing impaired pedestrian carrying a cane predominantly white or chrome metallic in color or using a guide dog shall take all necessary precautions to avoid injury to the pedestrian. 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. Section 21. Blind pedestrians will normally have a guide dog or will be using a cane. (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. http://uniweb.legislature.ne.gov/laws/statutes.php?statute=28-1314
(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. 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. Individuals with Disabilities
SPOTLIGHT YOUR AFFILIATE WITH A BOP AWARD! Sept. 1, 1979. State Law:
Another issue is that people most often take driver’s education while adolescents. 39-10-33.3. State Law:
http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title35/T35CH13AR2.htm (scroll down to 35-13-202)
From the Driver’s Manual:
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. A person charged with a petty misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. Pedestrians using a guide dog or carrying a white cane have absolute right-of-way. Section 14-300(f) The operator of any motor vehicle who violates this section shall be deemed to have committed an infraction and be fined ninety dollars. This is not correct. Each year, the Governor is authorized and requested to designate and take suitable public notice of White Cane Safety Day and to issue a proclamation in which: (a) … State Law and Penalty: Visually Handicapped Pedestrian Vehicle Code 21963. 190 Blind pedestrian devices and right-of-way. (Source: P.A. There is usually no need to take another written test going forward, unless a person has a driver’s license that has been expired for more than eight years or if they want to add another class and/or endorsement to an existing license. 3362) Sec. B. is a misdemeanor to which the provisions of subdivision 2 shall not apply. Yes, it’s legal to take a white cane through security at an airport, according to the TSA, but it has to …
Section 7 13. State Law: (Text of the law is provided. Look for any pedestrians, especially blind pedestrians or traffic, before starting your turn. 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.
A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. For more ideas and suggestions for planning a White Cane Day Celebration in your community, see the White Cane Day Toolkit, located at the Council website. Section 1153. 534.040 Fines for misdemeanors and violations. Section 32-5A-220 - Right-of-way to blind persons, guide dogs in training. Service animals; rights of individuals with disabilities; violation; classification; definitions
(From the Judicial Bureau Waiver Penalties)
If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.http://codes.ohio.gov/orc/4511.47
Penalty. (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
The specific fine applicable to any violation that falls under the above provision is set by the Chief Judge of the District Court. (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 blind person has no idea who you are honking at and may be startled by the noise. Watch for individuals who are blind at bus stops, intersections, business areas, and near schools for the blind. Section 347-17 Driver of vehicle, caution. 10. Title 29A-2056.9
(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:
Equal right to use public facilities; service animals and trainers. Share a post on your social media celebrating White Cane Safety Day. Kentucky’s White Cane Law states: The operator of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by an assistance dog. 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. A totally or partially blind pedestrian not carrying a cane or a handicapped pedestrian not using an assistance dog in any of the places, accommodations, or conveyances listed in Section 43-33-20, has all the rights and privileges conferred by law upon other persons. The driver of a vehicle approaching a person with a visual, aural or physical disability who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog, hearing dog or service dog shall yield to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian and any injury caused to the pedestrian's guide dog, hearing dog or service dog; provided that such a pedestrian not carrying such cane or using a guide dog, hearing dog or service dog in any of the places, accommodations or conveyances listed in section 209.150 shall have all of the rights and privileges conferred by law upon other persons.
This rule shall apply in all cases where a fine is not the exclusive penalty authorized by law. The following is extracted from the Ohio Revised Code (ORC). Don’t honk your horn at a blind person. Upon receiving such a signal, all vehicles at or approaching such intersection or crossing shall come to a full stop, leaving a clear lane through which such pedestrian may pass, and such vehicle shall remain stationary until such blind or partially blind pedestrian has completed the passage of such crossing or intersection. Violation of the White Cane Law is a Class A misdemeanor.
The driver and the pedestrian are both responsible for traffic safety. 49-706. From the Driver’s Manual:
Fines for misdemeanors
When a pedestrian is crossing a street or highway guided by a dog or carrying a white cane, vehicles must come to a complete stop. From the Driver’s Manual:
28-7-4. 754 Williamson St.Madison, WI 53703Toll Free: (800) 783-5213(608) 255-1166Fax: (608) 255-3301 info@WCBlind.org. Section 7-12. From the Driver’s Manual:
Only blind or nearly blind persons are permitted to carry white canes.
Penalties. (a) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian with a disability who is using a mobility device, accompanied by a visibly identifiable service animal, or carrying or using a white cane, and shall take all precautions that may be necessary to avoid an accident or injury to the pedestrian with a disability. 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
This will help when responding to questions posed by family, friends, and members of the general public. Pedestrians Who Are Blind or Visually Impaired:
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 … 39-10-01.1. Penalty:
346.26(2) (2) Nothing in this section shall be construed to deprive any totally or partially blind person not carrying the white or the red and white cane or walking stick or not using a service animal, as defined in s. 106.52 (1) (fm), of the rights of other pedestrians crossing highways, nor shall the failure of such totally or partially blind pedestrian to carry such cane or walking stick or to use a service animal be evidence of any negligence. 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. State Law:
(c) If it is shown on the trial of an offense under this section that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a blind person, the offense is a misdemeanor punishable by:
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.
"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. (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. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian who is blind if the driver violates any of the following:
Section 31-18-16.1 Failure to stop on red signal for blind person at intersection. Section 3549. 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. (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. (A) exercise due care in approaching and crossing roadways; and