[NFBMT] Montana White Cane Law

Fri Apr 12 21:39:13 UTC 2019

Thought it might be helpful to post the link to the official statutes of
Montana relevant to white cane laws.  This link opens up a table of contents
for Title 49 Human Rights and Chapter 4 Rights of Persons with Disabilities.
There are multiple sections that address white canes, and there are other
details included in this Chapter that go well beyond laws related to
blindness.  If the link does not work, google MCA 49-4-49-4-202 and then
follow the links called, "next," to move the next section.

https://leg.mt.gov/bills/mca_toc/49_4_2.htm

BTW, there are really three parts to our laws.  The above refers to
statutes.  Statutes are the actual laws passed by the Montana Legislature
and approved/allowed by the Governor.  Statutes are clarified by
regulations, which in Montana are called the Administrative Rules of
Montana.  There may be regulations on Title 49 Chapter 4, so I'll look and
post these if I can find any.  Next, there is case law, which consists of
the decisions of courts.  To really get a grip on legal stuff, one must look
at all three:  Statutes, regulations, and case law.  Here we are talking
about state laws, but it's the same for federal legal stuff, too.

Jim Marks
President, National Federation of the Blind of Montana
president at nfbofmt.org
(406) 438-1421

-----Original Message-----
From: NFBMT <nfbmt-bounces at nfbnet.org> On Behalf Of BRESLAUERS via NFBMT
Sent: Friday, April 12, 2019 11:09 AM
To: 'NFB of Montana Discussion List' <nfbmt at nfbnet.org>
Cc: BRESLAUERS <breslauerj at gmail.com>
Subject: Re: [NFBMT] Montana White Cane Law

I have an idea running around in my head.  If anyone is interested, I could
record the senate judiciary committee discussion on HB 439 and put it on the
conference call number, I could schedule a conference call on that number
tomorrow afternoon and play it for you all there, or I could play it for
anyone who is interested if you call me.  I don't know how well it would
record over the phone.  If you go to the 2019 Montana legislature home page,
click on watch and listen, go to Thursday April 11 on the calendar, look for
the senate judiciary committee, look for executive action and play the
video, you will find it.  I'm hoping there's another easier way that I
haven't found yet.  If you go to the actual video, you can fast forward
through it to the point you want, if you can't find it exactly by clicking
on the video.
Sometimes it lets you play the audio only.  If I could remember all the
dates of all the hearings we have been to and the dates for the executive
actions for the bills we have tried to pass this year, maybe I could put
them on a cartridge or a thumb drive.  If I knew how to put them in an
attachment, I could send it to whoever is interested.  I don't know enough
about that side of computing to do it, though.  It was just a thought.

-----Original Message-----
From: NFBMT <nfbmt-bounces at nfbnet.org> On Behalf Of Rik James via NFBMT
Sent: Friday, April 12, 2019 10:43 AM
To: 'NFB of Montana Discussion List' <nfbmt at nfbnet.org>
Cc: Rik James <rixmix2009 at gmail.com>
Subject: Re: [NFBMT] Montana White Cane Law

Good, let's discuss this, in some detail.
Thanks, Joy.
Happy Friday, everyone.
I mean, it is either Happy Friday, or Happy Day Before Saturday.
Am I right?
No?
Okay, back to my black bear den. Waiting for more snow to melt on the
mountainside.
And after I have read more carefully the current language of the Montana
White Cane Law.

A very nice discussion last evening at the Treasure State Chapter, I
thought.
Thanks everyone for attending. If you missed, it put the next one on your
calendar. It's May 9th, 6 bells.

Rik

-----Original Message-----
From: NFBMT <nfbmt-bounces at nfbnet.org> On Behalf Of BRESLAUERS via NFBMT
Sent: Friday, April 12, 2019 7:35 AM
To: nfbmt <nfbmt at nfbnet.org>
Cc: BRESLAUERS <breslauerj at gmail.com>
Subject: [NFBMT] Montana White Cane Law

>From the ACB web site:

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: 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.

 <https://www.acb.org/whitecane>

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.

https://nfb.org/programs-services/meet-blind-month/white-cane-awareness-day

https://www.helenaevents.net/10/15/2016/white-cane-safety-day/

I'm still looking for the actual law.

Joy Breslauer, First Vice President

National Federation of the Blind of Montana

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/>

Live the life you want

The National Federation of the Blind is a community of members and friends
who believe in the hopes and dreams of the nation's blind. Every day we work
together to help blind people live the lives they want.

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