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The AFU and Urban Legend Archive Legal Driving Barefoot driving barefoot |
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From: jrh@dixie.aiss.uiuc.edu (Jason R. Heimbaugh)
Newsgroups: alt.folklore.urban
Subject: The (Almost) Definitive Answer to Driving Barefoot in America (LONG)
Date: 27 Jul 1994 22:11:28 GMT
NOTE: I sent my initial letters to all 50 states, and the District of Columbia two months ago and have received 42 replies. I don't currently have the time to remail requests to the 9 dead beat, lazy ass, worthless states that miserably failed to respond (Arizona, Arkansas, Hawaii, Kansas, Massachusetts, New Hampshire, South Carolina Utah, and Washington). If you work for the DMV in one of these states and are reading this here, it doesn't surprise me.
Anyways, I will send requests to state police departments sometime in September when my schedule frees up. But, based on the parallel information I've already received from AAA, I don't think the results will be different.
Driving Barefoot in America
Written & researched by: Jason R. Heimbaugh (jrh@uiuc.edu)
URL: ftp://cathouse.org/pub/cathouse/urban.legends/legal/driving.barefoot
Last updated: July 27, 1994
The AFU FAQ (dated June 10, 1994) says (quotation cited under fair use):
"WILD LIFE IN THE FAST LANE
F. Driving barefoot is illegal most places (Nope, but it's dumb to goad cops)
T. Driving barefoot is illegal in the state of Kentucky.
Copyrighted 1991-94. All rights reserved by Terry Chan (twchan@lbl.gov)."
I didn't like the "most places" phrase and would prefer a "everywhere except" phrase, so I sent a letter requesting information to the Department of Motor Vehicles (or the closest thing I could find) in all 50 states and the District of Columbia.
The results show that the FAQ is almost right. The one error is that it is *not* illegal to drive barefoot in the state of Kentucky. This information comes from Charles F. Brown, Director, Division of Driver Licensing, who stated, "After a thorough search of chapters 189 and 281 of the Kentucky Revised Statutes, I can find no evidence of any prohibition against operating a motor vehicle while being barefooted. I also contacted [the] Kentucky State Police's office of legal counsel. I was informed that they too know of no statutory limitations for driving while being barefooted."
Seward W. Goss, Administrative Assistant, Planning and Research Unit, Alabama Department of Public Safety, stated that while driving a car barefoot is legal, anyone operating or riding on a motorcycle is required to wear shoes ($32-5A-245. Headgear and shoes required for motorcycle riders; approval of headgear; responsiblity for juvenile riders; sale of helmets. Subsections (b) & (f).) See included law below for details.
Janet Wilcox, Analyst, Communications Section, Bureau of Driver & Vehicle Records, Michigan Department of State noted that while there is no law making driving barefoot illegal, "if a police officer feels that it is a careless driving practise, he may ticket you for careless driving." Not quite as strong, was Lt. Col. John F. Lyding, Director, Division of Driver Licensing and School Vehicle Safety of the Maryland Department of Transportation who wrote:
"However, *in my opinion* [emphasis added], a law enforcement officer might charge an individual under either of the two articles listed below if the barefoot driving contributed to:
- $21-901(a) Reckless driving vehicle in wanton and willful disregard for the safety of persons and property; or
- $21-901(b) Negligent driving vehicle in careless and imprudent manner endangering property, life and person.
A driver charged under these articles or any article would have the right to trial where the 'barefoot' aspect of the case might be disputed."
Brian Grisham, Staff Attorney, Tennessee Department of Safety found no provision in the Tennessee Code Annotated about driving barefoot, but noted that a review of all local ordinances would be necessary in order to obtain an definitive answer. Blow me for not delving in that far - get it yourself if you need that much detail (don't forget the local ordinances in *all* states while you're at it).
In addition, the following states: Indiana, Iowa, Missouri, Ohio, and Wyoming all made the point that even though it was not illegal, driving barefoot was unsafe and, therefore, not a recommended practise.
Based on this information, I would suggest changing the FAQ to read:
F. Driving barefoot is illegal. (Nope, but it's dumb to goad cops.)
T. ...Unless you're operating/riding a motorcycle in Alabama.
Tb....You *might* be ticketed in MI/MD for careless/reckless driving.
T. ...It's not "recommended" by Indiana, Iowa, Missouri, Ohio, or Wyoming.
T. ...Jason *REALLY* needs to get laid^H^H^H^H a life.
Then again, 4 lines is an awful lot for such a trivial point. Oh well, this document turned out to be 1350 lines!
Indiana, Montana, Pennsylvania, Rhode Island and Wisconsin informed me that this and other information was available in the American Automobile Association (AAA) book, "Digest of Motor Laws". This is the information which AAA had obtained (this much material might be exceeding fair use, but those bastards stranded me two straight times before I dropped them; they still owe me):
American States
Alabama:
Barefoot Driving: Operation of a motor vehicle by a driver with bare feet is permitted.
Exception: motorcycle rider.
Ohio:
Barefoot Driving: Operation of a motor vehicle by a driver with bare feet is permitted but not recommended.
California:
Barefoot Driving: Operation of a motor vehicle by a driver with bare feet is not prohibited.
Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming:
Barefoot Driving: Operation of a motor vehicle by a driver with bare feet is permitted.
District of Columbia
Barefoot Driving: Operation of a motor vehicle by a driver with bare feet is permitted.
American Territories
American Samoa, Peurto Rico, Virgin Islands:
Barefoot Driving: Operation of a motor vehicle by a driver with bare feet is permitted.
Guam:
Driving Barefoot: No information.
Canadian Provinces & Territories
Alberta, British Columbia, Manitoba, New Brunswick, New Foundland, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory:
Barefoot Driving: Operation of a motor vehicle by a driver with bare feet is permitted.
Some additional information about driving barefoot in Canada can be found
here.
Notes:
- AAA did not include the two "warnings" about Michigan and Maryland that I received from direct correspondence.
- AAA did note that Ohio did not recommend driving barefoot, but mentioned nothing about Indiana, Iowa, Missouri, or Wyoming.
- AAA made no mention of the possibility of local ordinances banning driving barefoot in Tennessee.
- AAA also included a bunch of worthless information about Canada. Like anyone cares.
Favorite Quote (Coincidentally from Illinois):
"It is always a pleasure to respond to citizens interested in familiarizing themselves with traffic laws."
Best Reproduction Error Award (My Fault):
"As your correspondence indicates, it is a common misconception among many citizens that suck action is illegal."
Best Joke Relating to Subject:
Whitney: You'd think that Kentucky would be the one place you *could* drive barefoot.
Me^H^HSomeone: It's to keep the wimmin folk from drivin'.
What follows are my initial letter and all of the responses I received, reproduced as closely as plain ASCII characters can allow. Letterheads are also included for those wishing addresses for other inquiries.
Comments and inquires may be sent to the