N.M. Admin. Code § 6.41.3.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.41.3.9 - STANDARDS FOR HAZARDOUS WALKING CONDITIONS

Transportation may be provided for students in grades K through 12 who reside within the statutory walking distance from their attendance center pursuant to Section 22-16-4 NMSA 1978 supra, if the following criteria are met:

A. Walking parallel to (along side of) roadway. If the total volume on roads exceeds a rate of 120 vehicles per hour or on roads with little or no walking space is available (shoulder or path) and the traffic volume exceeds sixty (60) vehicles per hour during the times when children are en route to or from school and at least one of the following exists:

(1) less than four (4) feet of walking space outside of a curbed roadway for a continuous distance of 75 feet or more on at least one side of the roadway;

(2) less than five (5) feet of walking space outside of the traveled portion of an uncurbed roadway for a continuous distance of 75 feet or more on at least one side of the roadway;

(3) a physical or visual obstruction on the walking space that obstructs for a distance of 75 feet or more.

B. Walking across roadway and/or intersection.

(1) If the traffic volume of the street or roadway being crossed exceeds a rate of 180 vehicles per hour through an unregulated crossing site, which exceeds forty (40) feet in width during the times when children are en route to or from school.

(2) If the total traffic volume of the intersection in all directions exceeds the following vehicle rates as applicable:

(a) secondary school children - a rate of 70 vehicles per minute;

(b) elementary school children - a rate of 55 vehicles per minute through a regulated intersection during the times when children are en route to or from school, unless crossing guards or other traffic enforcement officers are present.

(3) If roadways that students must cross are major traffic arteries for high volume movement of traffic with five lanes or greater, high speed and high accident frequency, during the times when children are en route to or from school, and where it is determined that traffic lights and traffic guards are not adequate. If a turn bay is present at a traffic control signal, it is not considered a lane. High speed is 40 M.P.H. or higher posted speed limit.

C. Railroad crossings. Hazardous walking conditions shall automatically apply to students required to walk across a main lane, at grade, railroad crossing. (This does not include industrial, spur or exempt railroad crossings.)

N.M. Admin. Code § 6.41.3.9

12-31-98; 6.41.3.9 NMAC - Rn, 6 NMAC 9.5.2.9 & A, 05-31-01