Gary C. Norman, Esq.

October 24, 2002

To Whom It May Concern:

My name is Gary C. Norman, Esq. I am avisually impaired citizen of the great state of Maryland. I write in order to comment on the proposed rule-making of the U.S. Access Board (Board) concerning pedestrian rights of way and adaptive pedestrian signals (APS). Signal information is an important feature of accessible sidewalks and street crossings for blind or visually impaired pedestrians. The implementation of a regulation for pedestrian rights of way and APS is of extreme importance because blind or visually impaired pedestrians will not be secure in crossing thoroughfares until equal access to the visual information available via traffic signals exists.

APS IS A MATTER OF LIFE AND DEATH AND ITS IMPLEMENTATIONIS SUPPORTED BY LAW

Persons who are blind or visually impaired cross streets via adaptive Techniques and cues. The blind or visually impaired learn these adaptive techniques and cues via rehabilitation training with a specially certified Orientation and Mobility Specialist. The common technique utilized by blind or visually impaired pedestrians for crossing signalized intersections is to transverse the street when there is a surge of traffic parallel to their direction of travel. The advent of computerized technology resulting in quiet automobiles, intersection geometries, acoustic conditions, and complex traffic control systems cause Vehicular sounds to no longer be a sufficient means by which to determine the on-set of the WALK interval and the direction of the crosswalk. Moreover, red light recklessness by and the disseverance of automobile drivers to comply with white cane laws granting yield privileges to blind or visually impaired pedestrians also supports the need for APS. Annually, more than 1.8 million intersection crashes occur from automobile drivers running red lights. In 2000, 106,000 crashes, 89,000 injuries, and 1036 deaths were attributed to red light running. The lack of blind or visually impaired pedestrians, who as the population ages ever includes the elderly, to access traffic signal information results in numerous injuries and fatalities.


On a per-mile basis, walking is dangerous as compaired to driving, flying, riding an omnibus, or train. More than 4906 pedestrians were killed in traffic accidents in 1999. Further, there were 85,000 pedestrian injuries, which resulted from the lack of consideration and wrecklessness of autmobile drivers. People who are blind or visually impaired are disproportionately represented in the pedestrian population. On average, just 1% of funds spent in states on safety projects are directed at pedestrian safety despite the fact that, nationwide, approximately 12 percent of traffic deaths and serious injuries were to pedestrians. With the baby boom generation in America fast approaching their retirement years - and living longer, America can expect a significant increase in the number of citizens who are blind or visually impaired. By age 65, one in nine people experience vision loss that cannot be corrected by lenses. By age 80, it is one in four. Further, by the year 2015, America can expect a 50% growth in the population of blind or visually impaired citizens. All of which means that more and more blind or visually impaired citizens, which will significantly include the elderly, may fall pray to more and more pedestrian fatalities or injuries.

Blind or visually impaired fatalities or injuries result in a strain on the publicbudget as dead or seriously injured cannot financially contribute to the public. This is especially of concern, as the public will have expensed moneteray resources on the blind or visually impaired to prepare them for the world of work and/or independent living. Statutory law mandates and otherwise supports the implementation of APES.

Title III of the Americans With Disabilities Act of 1990, 42 USC 12101 et seq. mandate that blind or visually impaired persons have equal access to public services including traversing thoroughfares via the information available from traffic signals. The Transportation Equity Act for the 21st Century, which was signed into law on June 9, 1998, establishes eligibility for federal matching funds of at least 80% for the erection of audible traffic signals and audible signs at street crossings.

CONTRARY VIEW

The contrary view and one, which lacks even a modicum of logical or legal merit, is that of the National Federation of the Blind (NFB). The contrary view which states that blind or visually impaired persons do not require equal access to information provided via traffic signals appears to lay in an argument that such class of persons do not need special rights or assistance to cross thoroughfares. The same kind of argument arose in the 1960s regarding the enactment of the Civil Rights Act of 1964, which contended that African Americans would be granted special rights if they had a panoply of laws in place to assure their equal access to all facets of the American experience. The argument was discredited then and continues to be discredited because such panoply of laws allowed African Americans to lead productive and contributing lives. Blind or visually impaired persons will receive not special but equal rights to securely thoroughfares with the promulgation of the proposed rule.

BETTER VIEW SUPPORTED BY LAW AND REASON

The better position is that of the American Council of the Blind, which contends that all Americans should have equal access in order to lead productive and contributing lives. Travel afoot is an important mode of transport for blind or visually impaired citizens. The blind or visually impaired can no longer rely upon adaptive techniques and cues to transverse complex intersections and determine whether an automobile driver will croos a red right or otherwise cut in front of them. APS will allow the blind or visually impaired to equally access the information available from traffic signals. Equal access to information and public services is not only mandated by but is also the spirit of the Americans With Disabilities Act of 1990. Federal matching funds will assist local communities to endure the cost of this technology. A regulation promulgated by the Board is an important next step to assuring the pedestrian rights of blind or visually impaired citizens.

If there are any questions with this comment, then please telephone me.

Sincerely,
Gary C. Norman, Esq.