[accesscomp] White Cane laws per stateFW: White Cane Laws for States, Dan's Tip for Monday March 31 2014

• From: "Robert Acosta" <boacosta@xxxxxxxxxxx>
• To: "tektalk discussion" <tektalkdiscussion@xxxxxxxxxxxxxxxxxxx>
• Date: Mon, 31 Mar 2014 07:55:23 -0700

  

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From: dan Thompson [mailto:dthompson5@xxxxxxxxx] 
Sent: Monday, March 31, 2014 6:03 AM
To: dan Thompson
Subject: White Cane Laws for States, Dan's Tip for Monday March 31 2014 

 

White Cane Laws for States 

American Council of the Blind

Direct link to the American Council of the Blind page where this article can
be found and comments can be left is below.

http://www.acb.org/whitecane

 

The complete document is shown below.

 

 

ACB's National Office has posted the long-awaited  

document that details the White Cane Laws for  

each of the 50 states and District of Columbia.

 

This resource contains the following information  

with links to the sites from which it is taken:

 

* the laws; 

* the regulations; 

* the penalties, and; 

* text from the state's drivers' manual. 

The state's web site or, in a few instances, correspondence from 

appropriate state employees was used to gather information on the 

laws and regulations. 

Quotes from the drivers' manuals were taken directly from those 

documents.

 

Please advise us of any new or different information that your state 

may have recently added. Supplying a link to your information or the 

name of an official would also help so we can include it.

 

Pedestrians Who Are Blind or Visually Impaired:

State Statutes, Penalties for Violations, and Excerpts from Driver Manuals

 

In addition to the penalty for violating the laws relevant to a blind
pedestrian there may be penalties for additional charges for the driver--for
example, reckless driving.

 

Alabama

 

State Law:

Section 32-5A-220 - Right-of-way to blind persons, guide dogs in training.

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 any
person employed by an accredited school for training guide dogs who provides
notice through a sign or other method that he or she is training the dog
accompanying him or her as a guide dog for the blind.

http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/32-5a-220.ht
m

  

 Penalty:

Section 32-5A-8 — Violations as misdemeanor; penalties.

(a) It is a misdemeanor for any person to violate any of the provisions of
this chapter or of Title 32, unless such violation is by this chapter or
other law of this state declared to be a felony.

  

 (b) Every person convicted of a misdemeanor for a violation of any of the
provisions of this chapter for which another penalty is not provided, shall
for a first conviction thereof be punished by a fine of not more than
$100.00 or by imprisonment for not more than 10 days; for conviction of a
second offense committed within one year after the date of the first
offense, such person shall be punished by a fine of not more than $200.00 or
by imprisonment for not more than 30 days or by both such fine and
imprisonment; for conviction of a third or subsequent offense committed
within one year after the date of the first offense, such person shall be
punished by a fine of not more than $500.00 or by imprisonment for not more
than three months or by both such fine and imprisonment.

http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/32-5a-8.htm

  

 From the Driver’s Manual:

The law requires you to stop and give right of way at any intersection to a
blind person carrying a white cane tipped with red and holding the cane with
arm extended, or using a guide dog.

 

Alaska

 

State Law:

11.13.02.

190 Blind pedestrian devices and right-of-way. A. 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.

  

 B. 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.

http://www.codepublishing.com/ak/Sitka/html/Sitka11/Sitka1113.html#11.13.02.
190

  

 Penalty:

Failure To Yield to Pedestrian With White Cane/Guide Dog: In spite of the
penalty section statutes, the maximum penalty for any offense for which a
bail amount ($150) has been set is the bail amount (plus any surcharge) and
4 points against the driver’s license.

(From the Vehicle and Traffic Offenses Booklet, Version B: Offenses Listed
By Category)

  

 From the Driver’s Manual:

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.

  

 These pedestrians are partially or totally blind. Be especially careful
when turning corners or backing up when these pedestrians are in your
vicinity.

Here are some suggestions for helping pedestrians who are blind:

• Don’t stop your car more than five feet from the crosswalk.

• 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.

 

Important:

• 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.

• Don’t give the blind pedestrian verbal directions. The blind pedestrian
listens to all traffic sounds before deciding to cross the street.

• Don’t wait too long for the blind pedestrian to cross the street.

• If the person takes a step back and pulls in his or her cane, that’s a
definite sign that you should go.

• Don’t stop in the middle of a crosswalk. This forces the blind pedestrian
to go around your car and into traffic outside of the crosswalk.

• Don’t honk your horn at a blind person. The blind person has no idea who
you are honking at and may be startled by the noise.

 

Arizona

 

State Law:

11-1024. Service animals; rights of individuals with disabilities;
violation; classification; definitions

G. The driver of a vehicle approaching a legally blind pedestrian who is
carrying a cane that is predominately white or metallic in color, who is
using a service animal or who is assisted by a sighted person shall yield
the right-of-way and take reasonable precautions to avoid injury to the
pedestrian and the service animal. 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. Drivers shall take the
same precautions with respect to pedestrians who have a disability other
than blindness and their service animals. A driver who violates this
subsection is liable for damages for any injury caused to the pedestrian or
the service animal.

(http://www.azleg.state.az.us/ars/11/01024.htm; scroll down to letter H.)

  

 Penalty:

H. Any person or entity that violates subsections A through G of this
section is guilty of a class 2 misdemeanor.

(http://www.azleg.state.az.us/ars/11/01024.htm; scroll down to letter H.)

  

 Section 13-707. Sentence of imprisonment for misdemeanor

A. A sentence of imprisonment for a misdemeanor shall be a definite term to
be served other than a place within custody of the state department of
corrections. The court shall fix the term of imprisonment within the
following maximum limitations:

  

 2. For a class 2 misdemeanor, four months.

  

 B. 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.

  

 Section 13-802. Fines for misdemeanors

B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to
pay an amount, fixed by the court, not more than seven hundred fifty
dollars.

  

 E. A judgment that the defendant shall pay a fine, with or without the
alternative of imprisonment, shall constitute a lien in like manner as a
judgment for money rendered in a civil action.

http://www.azleg.gov/ars/13/00707.htm

  

 From the Driver’s Manual:

Visually Impaired

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.

 

Arkansas

 

State Law:

20-14-306 Reasonable precautions by drivers.

The driver of a vehicle approaching a visually handicapped or hearing
impaired person who is carrying a cane which is predominately white or
metallic in color with or without a red tip or using a guide or hearing ear
dog or the driver of a vehicle approaching an otherwise handicapped person
shall take all reasonable precautions to avoid injury to the visually
handicapped, hearing impaired, or other physically handicapped pedestrian.

(http://law.justia.com/codes/arkansas/2010/title-20/subtitle-2/chapter-14/su
bchapter-3/20-14-306/)

  

 Penalty:

Penalty for violation is a fine. Fines are administered by the local courts
and the state’s Administrator of the Courts.

(Personal communication from Bill Sadler, Public Information Officer,
Arkansas State Police)

  

 From the Driver’s Manual:

Pedestrians using a guide dog or carrying a white cane have absolute
right-of-way. Do not use your horn as it could confuse or frighten a blind
pedestrian.

 

California

 

State Law and Penalty:

Visually Handicapped Pedestrian

Vehicle Code 21963. 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 a fine of not less than five hundred dollars
($500) nor more than one thousand dollars ($1,000), or both. This section
shall not preclude prosecution under any other applicable provision of law.

(http://www.dmv.ca.gov/pubs/vctop/d11/vc21963.htm)

  

 From the Driver’s Manual:

Pedestrians Who Are Blind

Pedestrians using guide dogs or white canes with or without a red tip must
be given the right-of-way at all times. These pedestrians are partially or
totally blind.

  

 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.

  

 Here are some suggestions for helping pedestrians who are blind:

• 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). 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.

 

Important: 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.

• Do not give the blind pedestrian verbal directions. A blind pedestrian
listens to all traffic sounds before deciding to cross the street.

• Do not wait too long for the blind pedestrian to cross the street. When a
blind person pulls in his or her cane and steps away from the intersection,
this gesture usually means for you to go.

• Do not turn right without looking first. Look for any pedestrians,
especially blind pedestrians or traffic, before starting your turn. Blind
pedestrians who have a green light are not expecting a driver to make a
right turn in front of them. 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.

• Do not honk your horn at a blind person. The blind person has no idea who
you are honking at and may be startled by the noise.

 

Colorado

 

State Law:

Section 42-4-808. Drivers and pedestrians, other than persons in
wheelchairs, to yield to persons with disabilities

(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. A disability shall be deemed to be
obviously apparent if, by way of example and without limitation, the person
is using a cane or crutches, is assisted by an assistance dog, as defined in
section 24-34-803(7), C.R.S., is being assisted by another person, is in a
wheelchair, or is walking with an obvious physical impairment. Any person
who violates any provision of this section commits a class A traffic
offense.

  

 (2) The department has no authority to assess any points under section
42-2-127 to any pedestrian who is convicted of a violation of subsection (1)
of this section

(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&n
ojumpmsg=0)

  

 Penalty:

Misdemeanor traffic offense tickets are divided into two classes. Class One
Traffic Offense Tickets are the most serious misdemeanor traffic offenses.
Penalties may include imprisonment from ten (10) days up to one year.
Sentences to community service, in-home detention, or to classes of
instruction may also be applicable. Fines for Class One Traffic Offenses may
be from $300 to $1,000. However, these fines may be increased under Colorado
law and additional court costs and surcharges are normally applicable. The
Judge in the applicable Court may impose both jail and a fine.

  

 From the Driver’s Manual:

Pedestrians: When driving, you should yield the right-of-way to pedestrians
under all conditions. Be particularly watchful for children, elderly and
blind persons. Most blind persons are easily recognized by the white cane
they carry and/or by their guide dog.

  

 Pedestrians have the right-of-way at all intersections and crosswalks.
Drivers must come to a complete stop and let the person pass safely.

 

Connecticut

 

State Law:

Section 14-300. Crosswalks. Pedestrian-control signals. Regulation of
pedestrians and motor vehicles at crosswalks. Pedestrians who are blind or
have guide dogs.

(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. No person, except
one who is blind, shall carry or use on any street or highway, or in any
other public place, a cane or walking stick which is white in color or
white, tipped with red.

http://www.cga.ct.gov/current/pub/Chap249.htm#Sec14-300.htm (Scroll down to
Section 14-300d)

  

 Penalty:

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.

(g) In any civil action arising under subsection (c) or (d) of this section
or sections 14-300b to 14-300d, inclusive, the doctrine of negligence per se
shall not apply.

(http://search.cga.state.ct.us/dtsearch_pub_statutes.htmlhttp://www.cga.ct.g
ov/current/pub/Chap249.htm#Sec14-300.htm scroll down to items f and g)

  

 From the Driver’s Manual:

White Canes and Guide Dogs. Blind or partially blind pedestrians may carry a
white cane or use the assistance of a guide dog. You must give the
right-of-way to a pedestrian with a guide dog or who is carrying a white
cane, with or without a colored tip. Stop and stay stopped if the person is
attempting to cross or is in the process of crossing the road. At regulated
intersections, remain stopped until the pedestrian is out of the road, even
if you have a green light.

 

Delaware

 

State Law:

Section 9503: Rules of the Road

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. 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.

(http://codes.lp.findlaw.com/decode/16/95/9503)

  

 Penalty:

Section 9506. Violations.

Any person who violates this chapter shall, upon conviction for such offense
in a Justice of the Peace Court, be fined $100 for every such violation.

http://codes.lp.findlaw.com/decode/16/95/9506

  

 From the Driver’s Manual:

The following right-of-way rules apply at intersections:

Pedestrians using a guide dog or carrying a white cane have absolute
right-of-way. Do not use your horn as it could confuse or frighten the blind
pedestrian.

 

District of Columbia

 

State Law: (Text of the law is provided. We are unable to link to the text
which is available only on Westlaw.)

  

 Title 7 Subtitle B-i Chapter 10 Section 7-1004. Safety standards for
drivers of motor vehicles.

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. A blind
pedestrian in the District of Columbia not carrying such a cane or a deaf
pedestrian, either of whom is not using a dog guide in any of the places,
accommodations, or conveyances listed in Secs. 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.

  

 Penalty:

P.L. L18-0146 (Bill 18-207 effective Saturday, May 22, 2010)

Amends the D.C. Official Code by making the following changes to Section
7-1001 et seq.: establishing a civil infraction’s fine of $250 (which the
Mayor may increase ) as an alternative sanction to the criminal penalty
currently in the law.

  

 From the Driver’s Manual:

Individuals with Disabilities

Drivers should be especially alert for and yield the right-of-way to
pedestrians who are deaf, or have physical disabilities that require the use
of canes, crutches, walkers, guide dogs/service animals, wheelchairs, or
motorized scooters. These individuals may have difficulty detecting oncoming
traffic and may need extra time to cross the road.

 

Florida

 

State Law:

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. A person who is convicted of a violation of this subsection is
guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.

  

 (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. A person who is convicted of a violation of
this subsection is guilty of a moving violation punishable as provided in
chapter 318.

  

 (3) 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. The failure of any such person to carry a cane or walking stick or
to be guided by a dog shall not be considered comparative negligence, nor
shall such failure be admissible as evidence in the trial of any civil
action with regard to negligence.

 
(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Sear
ch_String=&URL=0300-0399/0316/Sections/0316.1301.html)

  

 Penalty:

318.18 Amount of civil penalties

318.18(d)(3)(a) Except as otherwise provided in this section, $60 for all
moving violations not requiring a mandatory appearance.

(f) If a violation of s. 316.1301 or s. 316.1303 results in an injury to the
pedestrian or damage to the property of the pedestrian, an additional fine
of up to $250 shall be paid. This amount must be distributed pursuant to s.
318.21.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Searc
h_String=&URL=0300-0399/0318/Sections/0318.21.html Scroll down to
318.18(d)(3)(a) and (f)

  

 From the Driver’s Manual:

The primary traveling aids for a person who is blind are often a white cane
or a trained guide dog. Independent travel involves some risk that can be
greatly reduced when you, the driver, are aware of the use and meaning of a
white cane or guide dog.

  

 Drivers must always yield the right-of-way to persons who are blind. 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.

 

Georgia

 

State Law:

40-6-94. Right of way of blind pedestrian

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.

(http://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-5/40-6-
94/)

  

 Penalty:

375-3-3-.01 Penalties for Violations of Uniform Rules of the Road. Amended.

(1) The Department shall impose the following penalties upon receipt of a
conviction of a violation of any of the listed offenses found within the
Uniform Rules of the Road: Violation of 40-6-94 can yield 3 points against a
driver’s license upon conviction in a court of law.

 

From the Driver’s Manual:

The driver of a vehicle shall stop and remain stopped to allow a pedestrian
to cross the roadway within a crosswalk: When approaching a blind person who
is crossing a street or highway if he/she is carrying a white cane or being
guided by a dog.

 

Hawaii

 

State Law:

Section 347-17 Driver of vehicle, caution. Any driver of a vehicle shall, on
approaching a person who is blind or visually handicapped, and is carrying
or using an exposed cane or walking stick which is painted white in color or
painted white tipped with red, or a person who is blind or visually
handicapped and using a guide dog, take such reasonable precautions before
proceeding as may be necessary to avoid an accident or injury to the blind
or visually handicapped person. [L 1947, c 35, Section 2; am L 1955, c 92,
Section 1; RL 1955, Section109-24; am L 1959, c 246, Section10; am L 1963, c
193, Section 36; HRS Section 347-17]

(http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347
-0017.htm)

  

 Penalty:

Section 347-18. Penalty. 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.

http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-
0018.htm

  

 From the Driver’s Manual:

No text in drivers manual.

  

 

Idaho

 

State Law:

49-706. Blind and/or hearing impaired pedestrian has right-of-way. 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.

(http://www.legislature.idaho.gov/idstat/Title49/T49CH7SECT49-706.htm)

  

 Penalty:

18-113. Punishment for misdemeanor.

(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.

  

 (2) In addition to any other punishment prescribed for misdemeanors in
specific statutes of the Idaho Code, the court may also impose a fine of up
to one thousand dollars ($1,000). This paragraph shall not apply if the
specific misdemeanor statute provides for the imposition of a fine.

  

 From the Driver’s Manual:

Motor vehicles must yield to pedestrians when:

• The pedestrian is a blind person walking with a white cane or guide dog.

 

Illinois

 

State Law and Penalty:

(625 ILCS 60/) Pedestrians with Disabilities Safety Act.

(625 ILCS 60/10)

Sec. 10. Rights of pedestrians with disabilities.

(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.

  

 (b) These rights are subject only to the conditions and limitations
established by law and applicable alike to all persons.

  

 (c) Any person who denies or interferes with the rights of a pedestrian
with a disability under this Act, shall be guilty of a Class A misdemeanor
with a mandatory minimum fine of $500 for each violation.

(Source: P.A. 96-1167, eff. 7-22-10.)

  

 (625 ILCS 60/15)

Sec. 15. Mobility device; service animal; white cane.

(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. Any vehicle operator who fails to take such precautions shall be
liable for damages for any injury caused to the pedestrian with a
disability.

  

 (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.

  

 (c) Qualified professionals involved in the training of visibly
identifiable service animals including training a person with a disability
in the use of an animal, orientation and mobility instructors who are
providing instruction to persons with disabilities or receiving training to
enable them to provide that instruction, or any otherwise qualified person
providing instruction to a person with a disability in the proper use of a
mobility device or white cane shall be covered by the provisions of this
Section.

(Source: P.A. 96-1167, eff. 7-22-10.)

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3252&ChapterID=49

  

 From the Driver’s Manual:

Pedestrians with Disabilities

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.

 

Indiana

 

State Law:

IC 9-21-17-21 Blind pedestrians; yield of right-of-way

Section 21. A person who drives a vehicle shall yield the right-of-way to a
blind pedestrian carrying a clearly visible white cane or accompanied by a
guide dog.

(http://www.in.gov/legislative/ic/code/title9/ar21/ch17.html scroll down to
IC 9-21-17-21)

  

 Penalty:

IC 9-21-17-24 Violations; Class C infraction

Section 24. A person who violates this chapter commits a Class C infraction.
An infraction is a violation of an ordinance or statute that does not
subject the person to a criminal conviction or jail time. A speeding ticket
would be an example of an infraction. The penalties are a fine of up to $500
and court costs.

(http://www.in.gov/legislative/ic/code/title9/ar21/ch17.html scroll down to
IC 9-21-17-24)

  

 From the Driver’s Manual:

Blind Pedestrians

Traveling aids for a person who is blind are often a white cane or a trained
guide dog. Independent travel for people with visual disabilities involves
some risk that can be greatly reduced when drivers are aware of the use and
meaning of a white cane or guide dog. Drivers always yield the right of way
to persons who are blind.

  

 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.

 

Iowa

 

State Law:

321.333 Duty of drivers

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.

(http://www.legis.state.ia.us/IACODE/1999/321/333.html)

  

 Penalty:

805.8A Motor Vehicle and Transportation Scheduled Violations

7(b). For violations under section . . . 321.333, the scheduled fine is
thirty-five dollars.

http://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service
=IowaCode&input=805.8A (scroll down to 7(b).)

  

 From the Driver’s Manual:

Pedestrians using a guide dog or carrying a white cane have absolute
right-of-way. Do not use your horn as it could confuse or frighten the
pedestrian who is blind.

 

Kansas

 

State Law:

Statute 8-1542: Blind pedestrian's right-of-way. 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.

(http://kansasstatutes.lesterama.org/Chapter_8/Article_15/8-1542.html)

  

 Penalty:

Statute 8-2118: Uniform fine schedule for traffic infraction violations;
payment by mail with plea, when; full payment required; ordinance traffic
infractions; doubling of fine in road construction zone and school zone.
Failure to yield to blind pedestrian $30

(http://kansasstatutes.lesterama.org/Chapter_8/Article_21/8-2118.html)

  

 From the Driver’s Manual:

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. After stopping, a driver must take such
precautions as may be necessary before proceeding in order to avoid injury
to the blind person.

 

Kentucky

 

State Law:

189.575 Yielding right-of-way to blind pedestrian.

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.

(www.lrc.state.ky.us/krs/189-00/575.PDF)

  

 Penalty:

189.575: 00189 Failure to Yield Right-of-Way to Blind Pedestrian is a
violation

http://www.kentuckystatepolice.org/violation_codes/Condensed_Version_Violati
on_Codes_9_30_04.txt

  

 534.040 Fines for misdemeanors and violations.

(1) Fines and imprisonment for misdemeanors shall not be mutually exclusive.
In any case where imprisonment is authorized, a fine may be levied in
addition to the imprisonment, or a fine may be levied as an alternative to
imprisonment. Similarly, a fine may be levied in lieu of imprisonment.
Whether the fine is to be levied as the sole penalty or as an additional or
alternative penalty shall be in the discretion of the judge or jury as the
case may be. If the trial is by jury, the jury shall have the discretion.
This rule shall apply in all cases where a fine is not the exclusive penalty
authorized by law.

  

 (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:

  

 (c) For a violation, two hundred fifty dollars ($250)

www.lrc.ky.gov/krs/534-00/040.PDF

  

 From the Driver’s Manual:

No text in drivers’ manual.

 

Louisiana

 

State Law:

RS 32:217 Section 217. Blind and incapacitated pedestrians; use of canes;
persons in wheelchairs; vehicles

A. 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 metallic or
white in color or white tipped with red.

  

 B. Whenever a pedestrian guided by a guide dog, or carrying in a raised or
extended position a cane or walking stick which is metallic or white in
color, or white tipped with red, or a pedestrian who requires a wheelchair
or motorized wheelchair for transportation is crossing or attempting to
cross a public street or highway, at or near an intersection or crosswalk,
the driver of every vehicle approaching the intersection or crosswalk shall
take such precautions as may be necessary to avoid injuring or endangering
such pedestrian, and if injury or danger to such pedestrian can be avoided
only by bringing his vehicle to a full stop, he shall bring his vehicle to a
full stop.

  

 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.

(http://www.legis.state.la.us/lss/lss.asp?doc=88192)

  

 Penalty:

RS32:57 Section 57. Penalties; alternatives to citation

A. The first violation of the provisions of this Chapter or any regulation
of the department, secretary, and commissioner made pursuant thereto shall
be punished by a fine of not more than one hundred seventy-five dollars or
by imprisonment for not more than thirty days, or both, unless otherwise
specifically provided. 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

  

 From the Driver’s Manual:

Pedestrians Who Are Blind

Pedestrians using guide dogs or white canes with or without a red tip must
be given the right of way at all times. These pedestrians are partially or
totally blind, so be especially careful when turning corners or backing up.

  

 Here are some suggestions for helping pedestrians who are blind:

• Don't stop your car more than five feet from the crosswalk. The blind
pedestrian uses the sound of your engine as a guide, so drive up to the
crosswalk to allow the person to hear you.

• Don't give the blind pedestrian verbal directions. The blind pedestrian
listens to all traffic sounds before deciding to cross the street.

• Don't wait too long for the blind pedestrian to cross the street. If the
person takes a step back and pulls in his or her cane, that's a definite
sign that you should go.

• Don't stop in the middle of a crosswalk. This forces the blind pedestrian
to go around your car and into traffic outside of the crosswalk.

• Don't honk at a blind person. The blind person has no idea who you are
honking at and may be scared by the noise.

 

Maine

 

State Law and Penalty:

Title 29A-2056.9

9. Failure to yield right-of-way to a visually impaired pedestrian.
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. Notwithstanding section 103, subsection
3, the fine for a violation of this subsection may not be less than $50 nor
more than $1,000.

(http://www.mainelegislature.org/legis/statutes/29-a/title29-Asec2056.html
scroll down to item 9)

  

 From the Driver’s Manual:

A person who is blind or visually impaired may use a white cane as a means
for safe and independent travel. This person may also be led by a guide dog.
In either case, this person always has the right of way. If you see anyone
in the roadway with a white cane or guide dog, stop at least 10 feet away
and wait until the person is out of danger. An operator who fails to yield
the right-of-way to a visually impaired pedestrian is liable for a traffic
infraction with a minimum $50 and maximum $1,000 fine.

 

Maryland

 

State Law:

Section 21-511. Right-of-way of blind or deaf pedestrians

(a) The driver of a vehicle shall yield the right-of-way to:

  

 (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);

  

 (2) A deaf or hearing impaired pedestrian accompanied by a guide dog; or

  

 (3) A mobility impaired individual crossing a roadway while using any of
the following mobility-assisted devices:

  

 (i) A manual or motorized wheelchair;

  

 (ii) A motorized scooter;

 

 (iii) Crutches; or

  

 (iv) A cane.

  

 (b) A person who is not blind or partially blind may not use or carry a
white cane, a cane that is white tipped with red, or a chrome, nickel,
aluminum, or other reflecting or shining metal cane, in the manner described
in subsection (a)(1) of this section.

(http://law.justia.com/codes/maryland/2005/gtr/21-511.html)

  

 Penalty:

Administrative Penalty (Per correspondence from the Office of Secretary of
the Maryland Department of Transportation)

  

 Section 16-402 Assessment of points

  (a) Points enumerated. -- 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:

. . .

(8) A violation of Section 21–511(a) of this article. . . .2 points

  

 Criminal Penalty: (Per correspondence from the Office of Secretary of the
Maryland Department of Transportation)

  

 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.

  

 The specific fine applicable to any violation that falls under the above
provision is set by the Chief Judge of the District Court. The specific fine
set for a violation of Section 21-511 is $70 ($110 if it contributes to an
accident.)

  

 From the Driver’s Manual:

Blind or Deaf Pedestrians or Mobility Impaired Individuals Right-of-Way at
Crossings

Drivers should be especially alert for pedestrians who are deaf, blind or
mobility impaired. These individuals may have difficulty detecting oncoming
traffic and may need extra time to cross the road. The driver of a vehicle
shall yield the right-of-way to:

• 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.

 

Massachusetts

 

State Law and Penalty:

14-90-14A Protection of blind pedestrians crossing or attempting to cross
ways

Whenever a totally or partially blind pedestrian, 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, crosses or attempts to cross a way,
the driver of every vehicle approaching the place where such pedestrian is
crossing or attempting to cross shall bring his vehicle to a full stop, and
before proceeding shall take such precautions as may be necessary to avoid
injuring such pedestrian. 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. Nothing contained in this section shall be construed
to deprive any totally or partially blind 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 ways, nor shall the failure of
such blind person to carry a cane or walking stick or to be guided by a
guide dog while on the ways of this commonwealth be held to constitute or be
evidence of contributory negligence. Whoever violates any provision of this
section shall be punished by a fine of no less than one hundred nor more
than five hundred dollars.

(http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Sect
ion14A)

  

 From the Driver’s Manual:

Pedestrians

You must always yield to pedestrians who are in a roadway. Also note these
rules concerning pedestrians:

• Always yield to visually impaired (blind) people crossing a street. You
must remain stopped until the person has safely crossed. Do not honk or wave
the person on. Never pass another vehicle which is stopped. Blind
pedestrians may use a white cane or a guide dog. The White Cane Law states
that a driver must come to a complete stop when a blind pedestrian is
crossing a street.

 

Michigan

 

State Law:

Use of Travel Aids by Blind Persons (Excerpt) Act 10 of 1937

752.52 Blind pedestrian carrying cane or using dog guide or walker; duty of
driver; liability; failure to carry cane or use dog guide or walker;
investigation of alleged violation; review of investigative report;
informing blind pedestrian of decision.

  

 Section 2.

(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.

  

 (2) A driver who approaches 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 is liable in
damages for any injuries caused the blind pedestrian. 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.
The failure of a blind pedestrian to carry a cane or use a dog guide or
walker shall not be treated as evidence of negligence in a civil action for
injury to the blind pedestrian or for the blind pedestrian's wrongful death.

  

 (3) If a person alleges to a peace officer a violation of subsection (1),
the peace officer shall investigate the alleged violation. The prosecuting
attorney shall review the peace officer's investigative report to determine
whether a violation of subsection (1) has occurred and whether to issue
charges. Upon the request of the blind pedestrian and after reviewing the
investigative report, a prosecuting attorney shall inform the blind
pedestrian of his or her decision and the reason or reasons supporting that
decision.

(http://www.legislature.mi.gov/(S(cx5qz5u4cnjhkc550vwt1jz3))/mileg.aspx?page
=getobject&objectname=mcl-752-52&query=on&highlight=blind

  

 Penalty:

752.53 - Violation as misdemeanor; penalty

Section 3.

A person who violates section 2(1) is guilty of a misdemeanor, punishable by
imprisonment for not more than 90 days, or by a fine of not more than
$100.00, or both.

  

 From the Driver’s Manual:

Blind Pedestrians

Michigan law requires you to stop or yield the right-of-way when you see a
pedestrian with a white cane or guide dog. Only the blind may carry white
canes. Avoid honking the horn or revving the engine; these noises are
distracting and cover important audible cues used by the blind. Also avoid
blocking designated crosswalks. This makes it especially difficult for a
visually impaired or blind person to cross the street. It is also an
inconvenience for others attempting to cross and violates the rule of always
yielding to pedestrians.

 

Minnesota

 

State Law:

169.202 BLIND PERSON CARRYING WHITE CANE.

Subdivision 1.Limitation on carrying. It shall be unlawful for any person to
carry a white painted cane unless said person is a blind person.

  

 Subd. 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/?id=169.202

  

 Penalty:

169.89 PENALTIES

Subdivision 1. Violation; when petty misdemeanor enhanced to misdemeanor.
Unless otherwise declared in this chapter with respect to particular
offenses, it is a petty misdemeanor for any person to do any act forbidden
or fail to perform any act required by this chapter; except that:

  

 (1) a violation which is committed in a manner or under circumstances so as
to endanger or be likely to endanger any person or property; or

  

 (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;

  

• is a misdemeanor to which the provisions of subdivision 2 shall not apply.

 

 

 Subd. 2.Petty misdemeanor penalty; no jury trial. A person charged with a
petty misdemeanor is not entitled to a jury trial but shall be tried by a
judge without a jury. If convicted, the person is not subject to
imprisonment but shall be punished by a fine of not more than $300.

https://www.revisor.mn.gov/statutes/?id=169.89

  

 From the Driver’s Manual:

Watch for Pedestrians

Watch for blind pedestrians who may be carrying a white or metallic cane or
using a guide dog. If a blind pedestrian is waiting at a crosswalk, do not
use your horn or rev your engine as this may distract the pedestrian or
guide dog.

 

Mississippi

 

State Law:

Section 43-6-3. Right to use public facilities.

Blind persons, visually handicapped persons, deaf persons and other
physically disabled persons shall have the same right as the able-bodied to
the full and free use of the streets, highways, sidewalks, walkways, public
buildings, public facilities, and other public places.

(http://www.mscode.com/free/statutes/43/006/0003.htm)

  

 Penalty:

SECTION 43-6-11. Penalties.

Any person or persons, firm or corporation who denies or interferes with
admittance to or enjoyment of the public facilities as specified in sections
43-6-3 and 43-6-5, or otherwise interferes with the rights of a totally or
partially blind person, deaf person or other disabled person under sections
43-6-3 to 43-6-7, shall be guilty of a misdemeanor and upon conviction shall
be punished by a fine not exceeding one hundred dollars ($100.00) or by
imprisonment in the county jail for a period not exceeding sixty (60) days,
or by both such fine and imprisonment.

http://www.mscode.com/free/statutes/43/006/0011.htm

  

 From the Driver’s Manual:

Blind people are the most vulnerable pedestrians, and you have a special
obligation to protect them. If you see a blind person attempting to cross a
street within a crosswalk or at an intersection, take every precaution and
extend every courtesy. If this means that you must come to a complete stop,
then do so.

 

Missouri

 

State Law:

Chapter 304 Traffic Regulations

304.080.Handicapped persons with white cane or dog, driver to take all
necessary precautions--cane or dog not required to enforce rights, when.

• 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.

 

August 28, 2012

http://www.moga.mo.gov/statutes/C300-399/3040000080.HTM

  

 Penalty:

Chapter 304 Traffic Regulations

304.110. Violation of sections 304.080 to 304.110, penalty.

Any person who violates any provision of sections 304.080 to 304.110, shall
be guilty of a misdemeanor and upon conviction thereof be fined not
exceeding twenty-five dollars and costs of prosecution, and in default of
payment thereof, shall undergo imprisonment not exceeding ten days.

http://www.moga.mo.gov/statutes/C300-399/3040000110.HTM

  

 From the Driver’s Manual:

The following laws or rules also apply:

Drivers must always yield the right-of-way to persons who are blind. 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.

 

Montana

 

State Law:

61-8-516. Operator of vehicle to yield to blind pedestrian. On a way of the
state open to the public, the operator of a vehicle shall yield the
right-of-way to a blind pedestrian who is carrying a visible white cane or
who is accompanied by a guide dog.

http://data.opi.mt.gov/bills/mca/61/8/61-8-516.htm

  

 Penalty:

1. Violation of chapter - 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) Each person convicted of a misdemeanor for a violation of any of the
provisions of this chapter for which another penalty is not provided shall
for a first conviction be punished by a fine of not less than $10 or more
than $100. For a second conviction within 1 year after the first conviction,
the person shall be punished by a fine of not less than $25 or more than
$200. 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

  

 From the Driver’s Manual:

Blind people may carry a white cane or be led by a guide dog. Both Drivers
and Pedestrians must take care to avoid crash or injury to blind or
partially sighted people.

  

 Drivers must come to a full STOP when a blind person approaches. Watch for
guide dogs and white canes. Do not sound the horn. Stop ten feet away and
wait until the person is off the road.

 

Nebraska

 

State Law:

20-128. Pedestrian using cane or service animal; driver of vehicle; duties;
violation; damages.

In addition to the provisions of sections 28-1313 and 28-1314, the driver of
a vehicle approaching a totally or partially blind pedestrian who is
carrying a cane predominantly white or metallic in color or using a service
animal or a hearing-impaired or physically disabled pedestrian who is using
a service animal shall take all necessary precautions to avoid injury to
such pedestrian, and any driver who fails to take such precautions shall be
liable in damages for any injury caused such pedestrian. 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

  

 Penalty:

28-1314. Failing to observe a blind person; penalty.

(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:

  

 (a) Give special consideration to the bearer of a white cane or user of a
guide dog; and

  

 (b) Stop and remain when approaching such bearer until such time as the
bearer has safely reached a position well outside the course normally used
by the operator of the vehicle or other conveyance.

  

1. Failure to observe a blind person is a Class III misdemeanor.

 

http://uniweb.legislature.ne.gov/laws/statutes.php?statute=28-1314

  

 Scroll down to Class III misdemeanor, for punishment for Class III
misdemeanor.

http://uniweb.legislature.ne.gov/laws/statutes.php?statute=28-106

  

 From the Driver’s Manual:

Always give the right of way to a blind or visually impaired person (who is
using a white cane or dog guide) by stopping and remaining stopped until the
person is clear of the roadway.

 

Nevada

 

State Law and Penalty:

NRS 484B.290 Right-of-way of person who is blind; penalty.

1. 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. 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.

  

  2. Any person who violates subsection 1 shall be punished by imprisonment
in the county jail for not more than 6 months or by a fine of not less than
$100 nor more than $500, or by both fine and imprisonment.

http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-484B.html#NRS48
4BSec290

  

 From the Driver’s Manual:

  

 A blind person who is on foot and using a guide dog or other service animal
or is carrying a white cane or walking stick has the right-of-way on a
highway, street or road in this state. A driver must yield the right-of-way,
come to a full stop if necessary, and take precautions before proceeding to
avoid accident or injury.

 

New Hampshire

 

State Law and Penalty:

265:41 Care Required. – Whenever a totally or partially blind pedestrian,
guided by a dog trained for the purpose or carrying in a raised or extended
position a cane or walking stick which is white in color or white tipped
with red, crosses or attempts to cross a way, the driver of every vehicle
approaching the place where such pedestrian is crossing or attempting to
cross shall bring his vehicle to a full stop, and before proceeding shall
take such precautions as may be necessary to avoid injuring such pedestrian.
Nothing contained in this section shall be construed to deprive any totally
or partially blind person, not carrying such a cane or walking stick or not
being guided by a dog trained for the purpose, of the rights and privileges
conferred by law upon pedestrians crossing ways.

(http://www.gencourt.state.nh.us/rsa/html/xxi/265/265-mrg.htm search for
265:41)

  

  265:41-a Approaching a Service Animal. – The driver of a vehicle
approaching a person using a service animal shall take all necessary
precautions to avoid injury to that person, and any driver who fails to take
such precautions shall be liable in damages for any injury caused to that
person.

http://www.gencourt.state.nh.us/rsa/html/xxi/265/265-mrg.htm (Scroll down to
265:41)

  

 Financial Responsibility > Demerit Points

Demerit points will be assessed for certain violations upon conviction.

  

 265:37 or 265:41 Failure to use due care, 3 points

(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:

Yield the right-of-way to blind persons. 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.

 

New Jersey

 

State Law:

39:4-37.1 Right-of-way crossing intersection for blind person, guide dog
instructor.

1.Any blind person using as a guide a walking cane, predominantly white or
metallic in color or any blind person using as a guide a seeing-eye dog or
other dog trained as a guide for the blind, equipped with a rigid "U"
-shaped harness such as customarily used on dog guides or any guide dog
instructor engaged in instructing a guide dog shall have the right-of-way in
crossing any highway or any intersection thereof, and all drivers of
vehicles shall yield the right-of-way to such blind person or guide dog
instructor engaged in instructing a guide dog although traffic on said
highway or intersection thereof is controlled by traffic signals, anything
in the motor vehicle and traffic laws of this State to the contrary
notwithstanding. 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 provisions of
this section shall not apply where traffic is specially directed by a
traffic or police officer.

http://www.lawserver.com/law/state/new-jersey/nj-laws/new_jersey_laws_39_4-3
7-1

  

 Penalty:

39:4-203 - General penalty for violations of chapter

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.pd
f (search for 39:4-37.1)

  

 From the Driver’s Manual:

Visually Challenged Persons

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. A
motorist must stop when he/she sees a person with a white or metallic
“colored” cane or with a guide dog. All motorists must comply with this law
(N.J.S.A. 39:4-37.1).

 

New Mexico

 

State Law:

28-7-4. Driver to take precautions approaching blind; liability for damage.
(1972)

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.

(http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm
)

  

 Penalty:

A violation of the White Cane Law is a misdemeanor offense. In addition to
this criminal penalty, the law also allows for civil remedies. The statute
is actually silent as to the civil remedies that are available. However,
when a law is silent as to civil remedies, courts have held that a fell
“panoply” of remedies are available. In other words the law allows for
compensatory and punitive damages.

Person correspondence from Greg Trapp, J.D., Executive Director, New Mexico
Commission for the Blind

  

 From the Driver’s Manual:

Pedestrians using a guide dog or carrying a white cane have absolute
right-of-way. Do not use your horn as it could confuse or frighten the blind
pedestrian

 

New York

 

State Law:

Section 1153. Provisions relating to blind or visually impaired persons.

(a) Notwithstanding the foregoing provisions of this article every driver of
a vehicle approaching an intersection or crosswalk shall yield the right of
way to a pedestrian crossing or attempting to cross the roadway when such
pedestrian is accompanied by a guide dog or using a cane which is metallic
or white in color or white with a red tip.

  

 (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.

  

 (c) This section shall not be construed as making obligatory the employment
of the use of a guide dog or of a cane or walking stick of any kind by a
person blind or visually impaired.

(http://public.leginfo.state.ny.us/lawsseaf.cgi?querytype=laws+&querydata=$$
vat1153$$@txvat01153+&list=law+&browser=explorer+&token=15944002+&target=vie
w)

  

 Per e-mail from Bradley Allen, Assistant Counsel, Office of Counsel to the
Governor, violations of Vehicle and Traffic Law (“VTL”) Section 1153 are
classified as a traffic infraction. He confirmed that the penalty is as
follows.

  

 Penalty:

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.

http://law.onecle.com/new-york/vehicle-traffic/VAT01800_1800.html

  

 From the Driver’s Manual:

A special right-of-way law allows blind pedestrians to cross the road with a
guide dog or a white or metallic cane. You must always give them the
right-of-way when they are trying to cross at a marked or unmarked crosswalk
even if the traffic signals or other right-of-way rules are not in their
favor.

 

North Carolina

 

State Law:

20-175.2. Right-of-way at crossings, intersections and traffic-control
signal points; white cane or guide dog to serve as signal for the blind.

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. 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. At any street, road or highway
crossing or intersection, where the movement of traffic is regulated by
traffic-control signals, blind or partially blind pedestrians shall be
entitled to the right-of-way if such person having such cane or accompanied
by a guide dog shall be partly across such crossing or intersection at the
time the traffic-control signals change, and all vehicles shall stop and
remain stationary until such pedestrian has completed passage across the
intersection or crossing.

(http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/
GS_20-175.2.html)

  

 Penalty:

20-177 Penalty for felony

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/G
S_20-177.html

  

 From the Driver’s Manual:

No text in drivers’ manual.

 

North Dakota Letter

 

State Law:

39-10-33.3. Blind pedestrian right of way.

The driver of a vehicle shall yield the right of way to an individual who is
blind or visually impaired and carrying a clearly visible white cane or to
an individual with a disability who is accompanied by an assistance dog.

http://www.legis.nd.gov/cencode/t39c10.pdf

  

 Penalty:

39-10-01.1. Required obedience to traffic laws.

It is unlawful and, unless otherwise declared in this chapter or in chapter
39-06.1 with respect to particular offenses, it is a class B misdemeanor for
any person to do any act forbidden or fail to perform any act required in
this chapter.

http://www.legis.nd.gov/cencode/t39c10.pdf

  

 From the Driver’s Manual:

No text in drivers’ manual.

 

Ohio

 

State Law:

4511.47 Right-of-way of blind person.

(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.

  

 The driver of every vehicle shall yield the right of way to every blind
pedestrian guided by a guide dog, or carrying a cane which is predominantly
white or metallic in color, with or without a red tip.

  

 (B) No person, other than a blind person, while on any public highway,
street, alley, or other public thoroughfare shall carry a white or metallic
cane with or without a red tip.

  

 (C) Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. 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. 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:

2929.24 Definite jail terms for misdemeanors.

(A) Except as provided in section 2929.22 or 2929.23 of the Revised Code or
division (E) or (F) of this section and unless another term is required or
authorized pursuant to law, if the sentencing court imposing a sentence upon
an offender for a misdemeanor elects or is required to impose a jail term on
the offender pursuant to this chapter, the court shall impose a definite
jail term that shall be one of the following:

  

 (3) For a misdemeanor of the third degree, not more than sixty days;

http://codes.ohio.gov/orc/2929.24

  

 From the Driver’s Manual:

Blind Pedestrians

People who are blind are the only pedestrians authorized by law to carry
white canes (or white canes with red tips). The law provides that the blind
carrying such canes, as well as those with guide dogs, are to be given the
right-of-way by every driver.

 

Oklahoma

 

State Law:

Section 7-12. Duty of drivers of vehicles.

Any driver of a vehicle who knowingly approaches within fifteen (15) feet of
a person who is in the roadway or at an intersection and who is wholly or
partially blind and who is carrying a cane or walking stick white in color,
or white tipped with red, or who is using a dog guide wearing a specialized
harness, or who is wholly or partially deaf and is using a signal dog
wearing an orange identifying collar, or who is physically handicapped and
is using a service dog, shall immediately come to a full stop and take such
precautions before proceeding as may be necessary to avoid accident or
injury to the person wholly or partially blind, deaf or physically
handicapped. 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)

  

 Penalty:

Section 7 13. Penalty.

Any person, other than a person wholly or partially blind, who shall carry a
cane or walking stick such as is described in this act, contrary to the
provisions of this act, or who shall violate any of the provisions of this
act shall be guilty of a misdemeanor and upon conviction thereof shall be
punished by imprisonment in the county jail not exceeding three (3) months,
or by fine not exceeding One Hundred Dollars ($100.00), or by both such fine
and imprisonment.

http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os7.rtf (scroll
down to Section 7-13 Penalty)

  

 From the Driver’s Manual:

You Must Yield to Blind Persons

Drivers must give the right-of-way to any blind person crossing the street.
Blind pedestrians will normally have a guide dog or will be using a cane.
The cane may be all white, white with a red tip, or chrome. The person will
tap it on the pavement ahead. The law says you should:

• Stop immediately and let the person pass.

• Stop outside the crosswalk, not in the crosswalk.

• A vehicle must stop 15 feet away for a blind person in the roadway or at
an intersection.

 

Oregon

 

State Law:

Section 811.035 Failure to stop and remain stopped for pedestrian who is
blind

(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:

  

 (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.

  

 (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. This paragraph applies notwithstanding any other
provisions of the vehicle code relating to traffic control devices.

  

 (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).

  

 (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.

  

 (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.

(http://www.oregonlaws.org/ors/811.035)

  

 Penalty:

153.018 Schedule of penalties; distribution of proceeds. (1) The penalty for
committing a violation is a fine. The law creating a violation may impose
other penalties in addition to a fine but may not impose a term of
imprisonment.

  

 (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:

  

 (b) $300 for a Class B violation.

http://www.oregonlaws.org/ors/153.018

  

 From the Driver’s Manual:

Failure to stop and remain stopped for pedestrian who is blind

(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:

  

 (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.

  

 (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. This paragraph applies notwithstanding any other
provisions of the vehicle code relating to traffic control devices.

  

 (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).

  

 (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.

  

 (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. [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]

 

Pennsylvania

 

State Law and Penalty:

Section 3549. Blind pedestrians.

(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.

  

 (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.

  

 (c) Penalty.--A violation of subsection (a) constitutes a summary offense
punishable by a fine of not less than $50 nor more than $150.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.035.049.000..HTM

  

 From the Driver’s Manual:

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.

 

Rhode Island

 

State Law:

Section 31-18-14 Full stop for pedestrian with guide dog or white cane. –
Whenever a pedestrian is crossing or attempting to cross a public street or
highway guided by a seeing-eye guide dog or a hearing-ear signal dog clearly
identified as such 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, 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 any
precautions that may be necessary to avoid injuring the pedestrian.

http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-18/31-18-14.HTM

  

 Penalty:

Section 31-18-16.1 Failure to stop on red signal for blind person at
intersection. – 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

  

 From the Driver’s Manual:

Use extra caution when approaching a blind pedestrian. When a pedestrian who
has a white cane or is being led by a guide dog is crossing or attempting to
cross the street ahead of you, you must stop and yield the right-of-way
(failure to do so may result in a $1,000 fine).

 

South Carolina

 

State Law:

Section 43-33-30. Duty of driver approaching blind pedestrian; failure of
blind pedestrian to carry white cane or use guide dog.

  

 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 approaching a handicapped pedestrian using an
assistance dog shall take all necessary precautions to avoid injury to the
pedestrian. Any driver who fails to take these precautions is liable in
damages for any injury caused the pedestrian. 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 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.

http://www.scstatehouse.gov/code/t43c033.php (scroll down to Section
43-33-30)

  

 Penalty:

As detailed in the law above: Any driver who fails to take these precautions
is liable in damages for any injury caused the pedestrian. (Per
correspondence from the South Carolina Commission for the Blind, there is no
other penalty.)

  

 From the Driver’s Manual:

Blind pedestrians have special protection under the law. South Carolina law
requires that a driver must stop and yield the right of way to a blind
person who has entered a street carrying a white cane or is accompanied by a
guide dog.

 

South Dakota

 

State Law:

32-27-7. Duty of motorist to stop for pedestrian carrying cane or guided by
dog--Violation as misdemeanor. 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. A
violation of this section is a Class 2 misdemeanor.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=3
2-27-7

  

 Penalty:

22-6-2. Misdemeanor classes and penalties--Restitution--Misdemeanor when no
penalty imposed. Misdemeanors are divided into two classes which are
distinguished from each other by the following maximum penalties which are
authorized upon conviction:

(1) Class 1 misdemeanor: one year imprisonment in a county jail or two
thousand dollars fine, or both;

  

 (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five
hundred dollars fine, or both.

  

 The court, in imposing sentence on a defendant who has been found guilty of
a misdemeanor, shall order, in addition to the sentence that is imposed
pursuant to the provisions of this section, that the defendant make
restitution to any victim in accordance with the provisions of chapter
23A-28.

  

 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=St
atute

  

 From the Driver’s Manual:

When not to use your horn - There are several occasions when you should not
use your horn.

  

 They include the following:

• around blind pedestrians.

  

 You must yield to pedestrians within crosswalks. Children often forget
traffic rules and must always receive special care. BE EXTRA ALERT. Slow
down and be prepared to stop, if necessary. 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.

  

 If a visually impaired person is standing along a street with a white cane
held in a raised position, they are indicating that they wish to cross the
street. You must yield the right of way to that person.

 

Tennessee

 

State Law:

55-8-180. Pedestrians led by guide dog or carrying identifying cane given
right of way -- 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).

  

 (b) A violation of this section is a Class C misdemeanor.

http://www.lawserver.com/law/state/tennessee/tn-code/tennessee_code_55-8-180

  

 Penalty:

Class C misdemeanor

Penalty is not greater than thirty (30) days in jail or a fine not to exceed
fifty dollars ($50.00), or both, unless otherwise provided by statute.

http://web.utk.edu/~scheb/overview.html (Scroll down to Class C
misdemeanor.)

  

 From the Driver’s Manual:

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. Take special
precautions as may be necessary to avoid accident or injury to the
pedestrian. Stop at least 10 feet away until the person is off the roadway.
Do not use your horn, as it could startle the blind pedestrian.

 

Texas

 

State Law and Penalty:

Section 552.010. Blind Pedestrians.

(a) No person may carry a white cane on a public street or highway unless
the person is totally or partially blind.

  

 (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. The driver shall bring the vehicle
to a full stop if injury or danger can be avoided only by that action.

  

 (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:

  

 (1) a fine of not more than $500; and

  

 (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.

  

 (c-1) A portion of the community service required under Subsection (c)(2)
shall include sensitivity training.

  

 (d) For the purposes of this section:

  

 (1) "Assistance animal" has the meaning assigned by Section 121.002, Human
Resources Code.

  

 (2) "White cane" has the meaning assigned by Section 121.002, Human
Resources Code.

  

 (e) If conduct constituting an offense under this section also constitutes
an offense under another section of this code or the Penal Code, the actor
may be prosecuted under either section or both sections.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.552.htm#552.010

  

 From the Driver’s Manual:

Blind, partially blind, or disabled individuals may carry a white cane while
walking. Others must not display a cane on any public street or highway.

  

 Be alert to a pedestrian guided by an assistance animal or carrying a white
cane. A driver shall take the necessary precautions to avoid injuring or
endangering a pedestrian crossing or attempting to cross the street. The
driver shall bring the vehicle to a full stop if injury or danger can only
be avoided by that action. Remember the white cane indicates the person may
be blind, partially blind, or disabled.

  

 Watch for individuals who are blind at bus stops, intersections, business
areas, and near schools for the blind.

 

Utah

 

State Law:

41-6a-1007. Operators to yield right-of-way to blind pedestrian -- Duties of
blind pedestrian -- Use of cane -- Failure to yield -- Liability.

(1) (a) The operator of a vehicle shall yield the right-of-way to a blind or
visually impaired pedestrian:

  

 (i) carrying a clearly visible white cane; or

  

 (ii) accompanied by a guide dog specially trained for that purpose and
equipped with a harness.

  

 (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.

  

 (ii) Blind or visually impaired persons shall:

  

 (A) exercise due care in approaching and crossing roadways; and

  

 (B) yield the right-of-way to authorized emergency vehicles giving an
audible warning signal.

  

 (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

  

 Penalty:

41-6a-202. Violations of chapter -- Penalties.

(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

  

 From the Driver’s Manual:

You must yield the right-of-way to any pedestrian using a guide dog or
carrying a white cane. Only blind or nearly blind persons are permitted to
carry white canes.

 

Vermont

 

State Law:

Chapter 13: Operation of Vehicles 23 V.S.A.

Section 1057. Duty toward blind persons

(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.

  

 (b) 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 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&Sec
tion=01057

  

 Penalty:

1057 Duty toward blind persons: 4 points; Minimum fine $41.00; Maximum fine
$1,191.00. If you pay the Complaint/Ticket within 20 days of issuance, then
the amount you owe is the Waiver Penalty of $ 214.00.

(From the Judicial Bureau Waiver Penalties)

  

 From the Driver’s Manual:

Use extra caution when approaching a blind pedestrian. 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.

 

Virginia

 

State Law:

Section 46.2-932.1. Duty of driver approaching blind pedestrian; effect of
failure of blind person to carry white cane or use dog guide.

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 dog guide shall take all necessary precautions
to avoid injury to such blind pedestrian and dog guide, and any driver who
fails to take such precautions shall be liable in damages for any injury
caused such pedestrian and dog guide; provided that a totally or partially
blind pedestrian not carrying such a cane or using a dog guide in any of the
places, accommodations or conveyances listed in Section 51.5-44, 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 dog guide in any such places, accommodations or conveyances
shall not be held to constitute nor be evidence of contributory negligence;
provided, that nothing in this section shall be construed to limit the
application of Section 46.2-933 or Section 46.2-934.

http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-932.1

  

 Section 46.2-933. When vehicles to stop for pedestrian guided by dog or
carrying white, red-tipped white, or metallic cane.

Whenever a totally or partially blind pedestrian crossing or attempting to
cross a highway in accordance with the provisions of Section 46.2-923 is
guided by a dog guide or carrying a cane which is predominantly metallic or
white in color, with or without a red tip, the driver of every vehicle
approaching the intersection or place of crossing shall bring his vehicle to
a full stop before arriving at such intersection or place of crossing,
unless such intersection or place of crossing is controlled by a
law-enforcement officer or traffic light. Any person violating any provision
of this section shall be guilty of a Class 3 misdemeanor.

http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-933

  

 Section 46.2-934. Failure to use cane or guide dog not contributory
negligence.

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. 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 on
the highways or sidewalks of the Commonwealth, be held to constitute nor be
evidence of contributory negligence.

http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-934

  

 Penalty:

Section 18.2-11. Punishment for conviction of misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

  

 (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.)

  

 From the Driver’s Manual:

Look out for the elderly, who may have poor vision and hearing. Remember
that the elderly and people with disabilities will move slowly.

 

Washington

 

State Law and Penalty:

RCW 70.84.040

Precautions for drivers of motor vehicles approaching a wheelchair user or
pedestrian who is using a white cane, dog guide, or service animal.

  

 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. Any driver who fails to take such
precaution shall be liable in damages for any injury caused such pedestrian
or wheelchair user. 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. The failure of any such pedestrian or
wheelchair user so to signal shall not deprive him or her of the
right-of-way accorded him or her by other laws.

http://apps.leg.wa.gov/rcw/default.aspx?cite=70.84.040

  

 From the Driver’s Manual:

When not to use your horn – There are several occasions when you should not
use your horn. They include:

• around blind pedestrians.

 

West Virginia

 

State Law:

Section 5-15-5. Standard of care to be exercised by and with respect to
persons who are blind or who have a disability.

(a) A person who is blind or who has a disability shall exercise that degree
of care for his or her own safety in any of the places, accommodations or
conveyances specified in section four of this article which an ordinarily
prudent person would exercise under similar circumstances.

  

 (b) The driver of a vehicle approaching a pedestrian who is blind or who
has a disability and who knows, or in the exercise of reasonable care should
know, that the pedestrian is blind because the pedestrian is carrying a cane
predominantly white or metallic in color, with or without a red tip, or is
using a service animal or otherwise, shall exercise care commensurate with
the situation to avoid injuring the pedestrian or the service animal.

http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=05&art=15&section
=5

  

 Section 5-15-4. Equal right to use public facilities; service animals and
trainers.

(a) A person who is blind or is a person with a disability shall have the
same rights as other persons to the full and free use of the highways,
roads, streets, sidewalks, walkways, public buildings, public facilities and
other public places.

  

 Penalty:

Section 5-15-8. Interference with rights hereunder; penalties.

Any person, firm or corporation, or the agent of any person, firm or
corporation, who denies or interferes with admittance to or enjoyment of the
places, accommodations or conveyances specified in section four of this
article or otherwise interferes with the rights of a person who is blind or
visually impaired or a person with a disability under the provisions of this
article shall be guilty of a misdemeanor and, upon conviction thereof, shall
be fined an amount not to exceed fifty dollars.

  

 From the Driver’s Manual:

Be aware of crosswalks at intersections and in school zones. These are
indicators that you are in a high pedestrian traffic zone. Being especially
alert for pedestrians in these places will reduce the risk of accidents. A
blind person who is on foot and using a guide dog or other service animal,
or is carrying a white cane or walking stick, has the right-of-way on a
highway, street, or road regardless of whether he or she is in a crosswalk
or not.

 

Wisconsin

 

State Law:

346.26  Blind pedestrian on highway.

346.26(1) (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 s. 106.52 (1) (fm), and shall take such precautions as may be
necessary to avoid accident or injury to the pedestrian. 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.

  

 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.

  

 346.26(3) (3) No person who is not totally or partially blind shall carry
or use on any street, highway or other public place any cane or walking
stick which is white in color, or white trimmed with red.

http://docs.legis.wisconsin.gov/statutes/statutes/346/IV/26

  

 Penalty:

346.30 Penalty for violating sections 346.23 to 346.29.

346.30(3) (3) Any person violating s. 346.26 may be required to forfeit not
less than $25 nor more than $200 for the first offense and may be required
to forfeit not less than $50 nor more than $500 for the 2nd or subsequent
conviction within a year.

https://docs.legis.wisconsin.gov/statutes/statutes/346/IV/29 (Scroll down to
346.30 (3).)

  

 From the Driver’s Manual:

Pedestrians using a dog guide or carrying a white cane have absolute
right-of-way (even if not at an intersection.) Do not use your horn as it
could startle the blind pedestrian. If you see anyone in the roadway with a
dog guide or a white cane, stop at least ten feet away until the person is
off the roadway.

 

Wyoming

 

State Law and Liability:

35-13-202.Drivers to take precautions; liability.

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. Any driver failing to take these
precautions is liable in damages for any injury caused the pedestrian.
http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title35/T35CH
13AR2.htm (scroll down to 35-13-202)

  

 Penalty:

31-5-1201. Violation of provisions to constitute misdemeanor; penalties.

(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:

  

 (i) For a first conviction be punished by a fine of not more than two
hundred dollars ($200.00), by imprisonment for not more than twenty (20)
days, or both;

  

 (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;

  

 (iii) For a third or subsequent conviction of the same offense within one
(1) year after the first conviction, be punished by a fine of not more than
five hundred dollars ($500.00) or by imprisonment for not more than six (6)
months, or both.

http://legisweb.state.wy.us/statutes/titles/Title31/T31CH5AR12.htm (Scroll
down to (b))

(Offense as a misdemeanor and the penalty was confirmed in a letter by the
Deputy Attorney General of the State of Wyoming)

  

 From the Driver’s Manual:

Right-of-way to pedestrians

The driver and the pedestrian are both responsible for traffic safety.
Statutes require a driver to give the right-of-way or yield to a pedestrian:

when a blind pedestrian is carrying a clearly visible white cane or is
accompanied by a guide dog.

 

 

To subscribe to Dan's Tips or Daily Hotspot with God Devotional, send a
blank email with "subscribee Dan's Tips" or "Subscribe Dan's Daily Devotiin"
in the  subject line.

 

Proverbs chapter 3, verses 3-4

Let love and faithfulness never leave you;  bind them around  your neck and
write them on the tablet of your heart.  You will win favor, and a good name
with God and man.

 

Proverbs chapter 3 verses 5-6

Trust in the Lord with all your heart, and lean not on your own
understanding;  in all ways acnoldge him, and he will make your path
straight.

 

 

 

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