N.Y. Comp. Codes R. & Regs. tit. 17 § 191.4
An analysis should be completed for the highway sections containing the types of hazards the student encounters. A route to school can involve walking along one or more highways. As a result, it is not always obvious when a new highway segment should be evaluated, especially when conditions may change along that highway. A new highway segment exists whenever the facility type on which a student must walk changes. There are four different types of facilities:
In some cases, a highway or several highways with the same type of walking facility, may undergo several changes regarding its volume and/or speed limit. To simplify matters, the average volume and/or speed limit that occurs in the segment should be used. For example, over a one mile stretch, the following situation occurs for a series of contiguous hiqhways without adequate shoulders (i.e., shoulder < five feet wide):
Point A to B | .15 mile | Low Volume | 40 mph |
Point B to C | .35 mile | Medium Volume | 35 mph |
Point C to D | .50 mile | High Volume | 30 mph |
1.00 mile |
The average speed is 35 mph [(40 + 35 + 30) ÷ 3] and would be used in calculating the point totals. Since the average speed is only required to be determined to the nearest five mph interval, it can be easily calculated as simply a straight, unweighted average of all the speeds. The route used between home and school must avoid hazardous locations when a more reasonable route is available. In addition, the analysis is to be based on conditions that will remain basically unchanged throughout the school year. Section 3635-b(2) specifies that transportation will be provided "on the basis that their most direct walking route to school will traverse a hazardous zone". However, before a CSZ can be established, alternative solutions must be investigated. Sometimes, a hazard can be mitigated by changing the route which the student walks to one that is slightly shorter or longer. Such a route could be deemed more "reasonable" because it avoids the alleged hazards found on the more direct walking route. For routes where a single hazard exists, determine the type of hazard, the number of points produced by the hazard and the highest grade level that would qualify for bus transportation as indicated in the accompanying chart. For routes where several hazards exists, there are two options which can be followed. First, determine the type of hazards that exist and calculate the number of points produced by each hazard. Compare the point totals for each hazard and use the point value of the greatest hazard to determine the highest grade level that would qualify for bus transportation as indicated in the accompanying chart. If an area fails to qualify for a specific grade level, then a combination of hazards should be examined. Determine the types of hazards, the sum of points produced by the two greatest hazards and the highest grade level that would qualify for bus transportation as indicated in the accompanying chart. It should be noted that the two hazards identified may be of the same type or of different types. A school route will be determined to be a hazardous zone for children in certain grades if it produces at least the points indicated in the accompanying chart.
TABLE 1 - NUMBER OF QUALIFYING POINTS REQUIRED
Total number of points required to qualify a student for transportation | POINTS | |
A. | Grades K - 8 with 1 HAZARD | 12 |
B. | Grades K - 8 with 2 Greatest HAZARDS | 21 |
C. | Grades 9 - 12 with 1 HAZARD | 15 |
D. | Grades 9 - 12 with 2 Greatest HAZARDS | 27 |
TABLE 2 - HIGHWAYS WITHOUT SIDEWALKS OR ADEQUATE SHOULDERS
SITUATION | POINTS |
1. Student walks on a sidewalk, shoulder or roadway with a given length: | |
A. Sidewalk or shoulder e 5 feet wide: | 0 |
B. Shoulder < 5 feet wide: | * |
* 1 point for every 500 ft or fraction thereof; examples: 1 to 500 ft = 1 point, 501 to 1000 ft = 2 points | |
C. Roadway with no shoulder: | ** |
** 1 point for every 300 ft or fraction thereof; examples: 1 to 300 ft = 1 point, 301 to 600 ft = 2 points | |
D. Roadway with a narrow bridge or overpass: | *** |
*** 1 point for every 25 ft or fraction thereof; examples: 1 to 25 ft = 1 point, 26 to 50 ft = 2 points | |
2. Student walks on roadway or shoulder < 5 ft wide with 15 minute traffic volumes of: | |
A. Low (L) - less than 50 vehicles | 1 |
B. Medium (M) - 50 to 100 vehicles | 3 |
C. High (H) - more than 100 vehicles | 5 |
3. Student walks on roadway or shoulder < 5 ft wide with a speed limit e 40 MPH: | |
A. 40 MPH | 1 |
B. 45 MPH | 2 |
C. 50 MPH | 3 |
D. 55 MPH | 4 |
TABLE 3 - HIGHWAY INTERSECTIONS
SITUATION | POINTS |
4. Student crosses a highway intersection with the following degree of traffic control: | |
A. All way stop signs, an adult crossing guard, or a pedestrian bridge/underpass within 500 feet of the crossing | 0 |
B. Traffic signal with pedestrian devices | 1 per lane* |
C. Stop signs, or a traffic signal without pedestrian devices | 2 per lane* |
D. No traffic control measures | 3 per lane* |
5. Student walks on roadway or shoulder < 5 ft wide with 15 minute traffic volumes of: | |
A. Low (L) - less than 50 vehicles | 1 |
B. Medium (M) - 50 to 100 vehicles | 3 |
C. High (H) - more than 100 vehicles | 5 |
6. Student crosses a highway intersection with a speed limit of: | |
A. less than 40 MPH | 0 |
B. 40 MPH | 1 |
C. 45 MPH | 2 |
D. 50 MPH | 3 |
E. 55 MPH | 4 |
* -Up to 4 lanes may be considered
TABLE 4 - HIGHWAY-RAILROAD GRADE CROSSINGS
SITUATION | POINTS | |
7. Student crosses an active railroad crossing during the normal school crossing period: | ||
A. 1 or 2 tracks and | 0 trains | 0 |
1 train | 5 | |
2 trains | 9 | |
3 or more trains | 13 | |
B. 3 or more tracks and | 0 trains | 0 |
1 train | 7 | |
2 trains | 11 | |
3 or more trains | 15 | |
Points should be added for the hazards of high density of vacant buildings or structures and highways with high incidence of violent crime as follows:
Route with High Density of Vacant Buildings or Structures
1. Based on available local and municipal data, if a county, city, town, village, borough or other municipal entity certifies that the density of vacant buildings on a student's route to school exceeds the local or municipal average for density of vacant buildings- 12 points.
Route with High Incidence of Violent Crime
1. Based on available state and local data, if a county, city, town, village, borough or other municipal entity certifies that a student's route to school exceeds the statewide statistical average for violent crime per 100,000 people by 1 to 24 percentage points- 8 points.
2. Based on available state and local data, if a county, city, town, village, borough municipal entity certifies that a student's route to school exceeds the statewide statistical average for violent crime per 100,000 people by 25 to 49 percentage points- 16 points.
3. Based on available state and local data, if a county, city, town, village, borough, or municipal entity certifies that a student's route to school exceeds the statewide statistical average for violent crime per 100,000 people by 50 or more percentage points- 24 points.
Footnotes
* -Up to 4 lanes may be considered
N.Y. Comp. Codes R. & Regs. Tit. 17 § 191.4