[Nfbf-l] White cane Law

Sat Mar 6 22:13:05 UTC 2010

Hi David.

In regards to the accident with the person in the wheel chair, I understand 
and know exactly what you are talking about.  Unfortunately, I do not have 
all the details concerning this particular incident.  I do know that she was 
somewhat of a deviant, I also know that she only had to go approximately one 
block or so to be at a light, and she was warned by several people not to 
cross where there was no cross walk or light many times.  Please know that I 
am not trying to imply that she got what she deserved, or take up for the 
police, but this is a pretty busy road, where once  traffic gets moving, it 
flows at a pretty good rate of speed, and she should have really gone the 
extra to cross at the light to be safe.

As far as the police, you are right on the money about that.  Most of them 
definitely have an attitude, especially about visually impaired or blind 
people.  we've had several folks get hit here in Daytona, and there were no 
citations issued.  There was an elderly lady who  also got hit, who was not 
blind, who died, and  no ticket was issued for that incident either.  She 
was not quite across the street completely when the light changed, so they 
said it was her fault for being in the road.  How ridiculous!!

Anyway, I've copied the small portion of the White Cane Law that pertains to 
mobility aids below.

Also, I myself have never heard of, or read anything about Division of Blind 
Services
receiving 40% of the $250 fine being assessed for drivers.

I also never heard of, and didn't know that there was any such thing as the 
Grants and Donations Trust Fund of this agency.  As far as I know,
The Division of Blind Services is no longer under the Department of Labor 
and Employment Security.  I believe it is now under Education.

Anyway, here is what I have concerning mobility aids.

Take care, and keep warm down there.

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).
----- Original Message ----- 
From: "David Evans" <drevans at bellsouth.net>
To: "NFB of Florida Internet Mailing List" <nfbf-l at nfbnet.org>
Sent: Friday, March 05, 2010 9:34 PM
Subject: Re: [Nfbf-l] White cane Law

>
> Dear Pat,
>
>
> It would be good to know more about the accident and where and why the 
> person was crossing at the place they were.
> Were they crossing there because there was no curb cut at the corner?  Was 
> the person forced to seek a place, such as a driveway to get from the 
> sidewalk to the street surface due to lack of a curb cut?
> If so the County or city could be negligent and partly to blame for the 
> accident due to lack of ADA Title 2 violation.
> It is 20 years now after the passage of the ADA and no County or City 
> should be in violation of the regulations now.  If they are a lawsuit 
> should be undertaken to force them to meet compliance.
> Was the person coming out from between parked cars and not visible to the 
> driver?  Was Due Diligence observed by the driver and proper respect shown 
> to the lady in the wheelchair?
> These are all questions that would be good to know in evaluating this 
> accident.
> Too often the police offers seem to give the case away in favor or of the 
> driver when investigation shows that the disabled person was in the Right 
> and violated.
> I have a DVD of a White Cane Day Walk event that shows drivers violating 
> the Law and the Rights of the Blind to cross the street, with a police 
> officer stand in there being begged to enforce the law and refusing to do 
> so.
> They many times have the attitude that we, the blind and disabled, should 
> not be out there crossing the streets in the first place.
>
> David Evans, NFBF and GD Jack.
>
> ----- Original Message ----- 
> From: "Patricia A. Lipovsky" <plipovsky at cfl.rr.com>
> To: "NFBF List" <nfbf-l at nfbnet.org>
> Sent: Monday, March 01, 2010 11:20 AM
> Subject: [Nfbf-l] White cane Law
>
>
>> 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.
>>
>>
>>
>>
>>
>> ***"Whether you think you can, or you think you can't_ you're right."
>> Have a great day, and Keep Smiling
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>
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