N.Y. Comp. Codes R. & Regs. tit. 17 § 191.2

Current through Register Vol. 46, No. 41, October 9, 2024
Section 191.2 - Definitions

The following words and phrases used in this Part are defined as follows:

(a)Curb.

A vertical or sloping member along the edge of a roadway clearly defining the pavement edge.

(b)Highway.

The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. For the purposes of this Part, the word highway is a generic term for parkway, road, street, avenue, drive, boulevard, lane, etc.

(c)Intersection.

The area embraced when two or more highways join one another. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

There is no differentiation between intersections involving major highways and intersections involving minor highways. Each intersection is evaluated on its own merits by calculating the hazard points from the appropriate chart in section 191.4 of this Part.

(d)Narrow bridge or underpass.

A bridge or underpass which, because of significant reduction in pavement widths on or under the structure, requires students to walk on the roadway due to the absence of shoulders or sidewalks. In addition, for a location to be considered as a narrow bridge or underpass, at least one of the following roadway widths shall exist:

(1) two way traffic with a width of less than 18 feet;
(2) two way traffic with a width greater than or equal to 18 feet, but less than the width of the approach roadway;
(3) one way bridge with a width of less than or equal to 10 feet; or
(4) one way bridge with a roadway width less than the width of the approach roadway.
(e)No control.

Neither stop signs nor traffic signals are in place that would require vehicles to stop on the roadway which the children are crossing. Yield signs are not considered as stop controls for the purpose of these guidelines.

(f)Number of lanes crossed.

The total number of lanes on the roadway being crossed, including through lanes and turning lanes.

(g)Number of tracks.

The number of railroad tracks at a railroad crossing. Tracks must be within 100 feet of each other to be considered as part of the same crossing. Crossings with an adult school crossing guard is considered in the same vain as crossing a street with an adult crossing guard. Therefore, no hazard is deemed to exist.

(h)Number of trains.

The sum of all freight and passenger trains using a railroad crossing during a one hour interval in the morning and a one hour interval in the afternoon. The one hour intervals should occur during the normal hours students can be expected to walk to and from school. The number of passenger trains using the crossing during the affected hours can usually be obtained from the railroad companies. However, determining the number of freight trains may require a manual count because their schedule is subject to a degree of randomness. Since the number of freight trains using a crossing may vary from day to day, an average count based on five weekdays of observations during the morning and afternoon crossing periods must be made. Switching movements using a crossing can also be considered, but the number used should be an average count based on five weekdays of observations during the morning and afternoon crossing periods.

(i)Pedestrian devices.

The presence of traffic control equipment such as pedestrian signal indications and/or pedestrian push buttons for the purpose of controlling pedestrian traffic. Pedestrian indications are traffic signal indications which consist of the illuminated words "WALK" and "DONT WALK". A traffic signal equipped with pedestrian indications may or may not have push buttons to operate the pedestrian signal. The other type of pedestrian device is simply a pedestrian push button attached to a pole or post. When used without pedestrian signal indications, the activated push button provides for additional time so that a pedestrian can cross the street safely. It should be noted that all traffic will not necessarily come to a halt when the indications are displayed. While some traffic signals are equipped with pedestrian indications that provide an exclusive walk phase and no turns on red, others have pedestrian indications which allow traffic and pedestrians to move concurrently. Therefore, it is important to recognize the type of pedestrian indications because they do not all operate in the same manner.

(j)Roadway.

The portion of a highway improved, designed, marked, or ordinarily used for vehicular travel, exclusive of the shoulder and slope. In the event a highway includes two or more separate roadways (i.e., divided highway), the term roadway shall refer to any such roadway separately. The median is not considered a part of the roadway.

(k)Shoulder.

The portion of a highway contiguous with the roadway. Generally, this is the relatively flat area between the outer edge of a roadway with no curb and the point where the earth begins sloping either upward or downward, intended for the use by stopped vehicles and for emergency use. It may be paved or unpaved. A shoulder with a width less than five feet is considered a narrow shoulder.

For the purposes of this program, a shoulder will be considered to exist if it is visible by means of pavement marking delineation (i.e.,a white edgeline) or if the pavement seams or joints makes it appear that a shoulder (usually less than the width of a travel lane) is present.

(l)Sidewalk.

The portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. It may be paved or unpaved.

(m)Speed limit.

The legally set maximum speed which vehicles are permitted to travel on a roadway.

(n)Stop sign control.

Traffic on the roadway being crossed by the school children is required to stop by a stop sign.

(o)Traffic control signals.

Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

(p)Volume of traffic.

The volume of traffic on a highway is based on a 15 minute vehicular traffic count including all through and turning vehicles, during a typical morning or afternoon period in which students are walking to or from school. The hourly volume, if known, may be substituted for the 15 minute count by simply dividing the hourly count by four. If traffic counts are conducted for both the morning and afternoon period, then the average of the two volume counts should be used. However, there is no requirement to conduct more than one traffic count for each highway under consideration.

The volume of traffic can be classified into the following categories for the purpose of this program:

Low (L)

< 50 vehicles per 15 minute period

Medium (M)

50 to 100 vehicles per 15 minute period

High (H)

> 100 vehicles per 15 minute period

A separate count should be made whenever a change in the speed limit occurs or the type of walking facility changes, (i.e., sidewalk to shoulder to no shoulder). In addition, a new traffic count should be made when it is suspected that the volume changes due to the influence of an intersecting highway. It is possible that a stretch of highway may have several segments each with different or similar volume groups.

(q) A vacant building or structure is a building or structure that a county, city, town, village, borough, or other municipal entity has determined to be unoccupied for such a period of time as determined by the county, city town, village, borough, or other municipal entity to be categorized as vacant.
(r) A violent crime is a category of offenses defined in the New York Penal Law that are indexed by the Division of Criminal Justice Services, including but not limited to murder, rape, robbery and aggravated assault.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 191.2

Amended New York State Register October 4, 2023/Volume XLV, Issue 40, eff. 10/4/2023