[Nfbf-l] White cane Law

[Patricia A. Lipovsky]

Hello everyone.

Since I am involved in our white cane acgivities here in Daytona, I thought I would share a copy of the White cane Law which covers both visually impaired and blind, as well as mobility impaired folks using a mobility aid, with those that might be interested.  As I said in a previous post, the person in a wheel chair that was hit and killed was not cfossing at a light or cfoss walk, so I'm not sure if that particular incident would constitute any legal action.

WHITE  CANE  LAW
FS 316.1301, 316.1303

Drivers MUST STOP

For Pedestrians 

with a white cane, guide dog or mobility aid 

 

The 2006 Florida Statutes

TITLE XXIII,  MOTOR VEHICLES, CHAPTER 316, STATE UNIFORM TRAFFIC CONTROL 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0316/ch0316.htm

White Cane Laws

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. 

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; s. 16, ch. 96-350. 

Note.--Former s. 413.07. 

 

316.1303  Traffic regulations to assist mobility-impaired persons.--Whenever a pedestrian is in the process of crossing a public street or highway and the pedestrian is mobility-impaired (using a guide dog or service animal designated as such with a visible means of identification, a walker, a crutch, an orthopedic cane, or a wheelchair), the driver of every vehicle approaching the intersection, as defined in s. 316.003(17), shall bring his or her vehicle to a full stop before arriving at such intersection 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 section shall be punished as provided in s. 318.18(3). 

History.--s. 2, ch. 89-32; s. 2, ch. 92-296; s. 308, ch. 95-148; s. 17, ch. 96-350; s. 1, ch. 2005-260. 

 



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