[Nfbf-l] Its the law
Sherri
flmom2006 at gmail.com
Wed Jun 29 03:50:01 UTC 2011
Here is the white cane law. This may not be the most recent one, however,
because it says DBS is in the department of labor. It is pasted below and
attached
October 15 is National White Cane Safety Day. Stop for blind pedestrians
carrying a white cane or accompanied by a guide dog. It's the law in all
fifty States!
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)
(a) 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 such 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 s.
318.18*.
(b) If a violation of paragraph (a) results in an injury to the pedestrian
or damage to the property of the pedestrian, an additional fine of up to
$250 shall be assessed. Of this amount, 40 percent shall be deposited into
the Grants and Donations Trust Fund of the Division of Blind Services of the
Department of Labor and Employment Security, and 60 percent shall be
distributed as provided in s. 318.21.
(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. History: ss. 1, 2, 3, 4, ch. 25269, 1949;
s. 10, ch. 26484, 1951; s. 360, ch. 71-136; s. 18, ch. 77-259; s. 1, ch.
89-32; s. 1, ch. 92-296; s. 307, ch. 95-148; s. 6, ch. 95-327. Note. Former
s. 413.07. *s. 318.1 provides the penalty to be three points on the drivers'
license and a fine of $90.
Sherri
----- Original Message -----
From: "Jody W. Ianuzzi" <jody at thewhitehats.com>
To: "'NFB of Florida Internet Mailing List'" <nfbf-l at nfbnet.org>
Sent: Tuesday, June 28, 2011 7:23 PM
Subject: Re: [Nfbf-l] Its the law
> Hi RJ,
>
> I will see if I can find the actual law but it usually says something like
> 'a driver has to yield to a pedestrian using a white cane etc'.
>
> I would keep working with the mobility instructor and see what he says
> about
> calling the deputy.
>
> JODY
>
>
>
>
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