PART 557 CUSTODIAL TRANSPORTATION OF PUPILS WHERE WALKING CONSTITUTES A SERIOUS SAFETY HAZARD : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 557 CUSTODIAL TRANSPORTATION OF PUPILS WHERE WALKING CONSTITUTES A SERIOUS SAFETY HAZARD


AUTHORITY: Implementing and authorized by Section 29-5.2 of the School Code [105 ILCS 5/29-5.2].

SOURCE: Emergency rules adopted at 10 Ill. Reg. 14843, effective August 27, 1986, for a maximum of 150 days; emergency expired January 24, 1987; adopted at 11 Ill. Reg. 6514, effective March 27, 1987; Part repealed, new Part adopted at 14 Ill. Reg. 17016, effective October 2, 1990; amended at 25 Ill. Reg. 16534, effective December 18, 2001.

 

Section 557.100  Purpose

 

This Part establishes guidelines and procedures for determining the existence of serious safety hazards encountered by pupils walking on or along roadways, crossing roadways and crossing railroad tracks.  This determination allows for the State Board of Education to provide reimbursement of transportation costs to custodians who choose to transport pupils residing within 1˝ miles from the school attended where vehicular traffic conditions are such that walking constitutes a serious hazard to the safety of the pupils and access to transportation provided entirely at public expense is not available (Section 29-5.2(c) of the School Code [105 ILCS 5/29-5.2(c)]).  Both custodians and qualifying pupils must be residents of the State of Illinois (Section 29-5.2(b)(1)(A) of the School Code).

 

(Source:  Amended at 25 Ill. Reg. 16534, effective December 18, 2001)

 

Section 557.110  Definitions

 

The following words or phrases when used in this Part shall have the  meanings ascribed to them below.

 

"Active Protection" – Any protection device that is designed to be actuated by the approach of an oncoming train (including lights, bells and gates) or protection by a crossing guard.

 

"Crossbucks Only" – Protection provided only by an "X" shaped sign mounted on a post at a rail-highway crossing inscribed with the words "Railroad" on one panel and "Crossing" on the other.

 

"Curb" – A vertical or sloping barrier along a roadway at least four inches high, clearly defining the edge of a roadway.

 

"Department" – The Illinois Department of Transportation, acting through its District Engineers.

 

"Roadway" – The portion of a road, street or highway on which vehicles travel, consisting of the pavement surface, exclusive of the shoulders.

 

"School Code" – 105 ILCS 5/29-5.2.

 

"Shoulder" – 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 accommodation of stopped vehicles or for emergency use.

 

"Speed of Traffic" – The speed of traffic shall be based on the posted speed limit.  In special school speed zones as authorized by Section 11-605 of the Illinois Vehicle Code [625 ILCS 5/11-605], the speed limit that is in force when the special school speed zone is not in effect shall be used.  If speed limit signs are not present, the speed of traffic shall be considered to be 30 miles per hour in an urban area and 55 miles per hour in a rural area.

 

"Volume of Traffic" – The volume of traffic shall be classified as light, moderate or heavy on the basis of a five minute vehicular traffic count during either the morning or afternoon crossing period.  The morning afternoon crossing period is that time of day when pupils are crossing or passing through hazardous locations. Volume of traffic shall be classified through the use of the following:

 

VOLUME

2-LANES

(1 OR 2 WAY)

3-LANES/MORE (1 WAY)

4-LANES/MORE (2 WAY)

Heavy

More than 40 vehicles

More than 60 vehicles

Moderate

20-40 vehicles

40-60 vehicles

Light

Less than 20 vehicles

Less than 40 vehicles

 

(Source:  Amended at 25 Ill. Reg. 16534, effective December 18, 2001)

 

Section 557.120  Determination

 

The determination of a serious safety hazard will be made on the basis of the number of points the hazardous conditions along a school route accumulates when rated in accordance with this Part.  When a pupil encounters a combination of hazardous conditions, the determination of a serious safety hazard will be made on the basis of the total number of points for any two situations as accumulated under this Part.  Reimbursement will be given for transporting a pupil who must walk through a section that produces at least the following points:

 

GRADES

SINGLE TYPE I, II OR III HAZARD

COMBINATION OF TWO TYPE I, II AND/OR III HAZARDS

 

 

 

K-8

10 points

18 points

9-12

15 points

27 points

 

(Source:  Amended at 25 Ill. Reg. 16534, effective December 18, 2001)

 

Section 557.130  Walking On or Along a Roadway (Type I Hazard)

 

In determining whether a pupil walking on or along a roadway is endangered by a serious safety hazard, the location of a pupil in relation to the roadway, speed and volume of traffic, and length of hazardous section will be considered.  To determine whether a serious safety hazard exists in a particular situation, appropriate points from subsections (a) and (b) will be added together.

 

a)         Type and Length of Hazardous Section

 

LOCATION OF PUPIL

LENGTH

POINTS

On roadway for a minimum of 50' because of narrow bridge or overpass

50' - 100'

100' - 200'

More than 200'

7 points

9 points

10 points

On roadway for a minimum of 300' because of no shoulder or sidewalk

300' - 1000'

1000' - 2000'

More than 2000'

7 points

9 points

10 points

On narrow shoulder within 5' of roadway for a minimum of 0.2 mile

0.2 - 0.5 mile'

0.5 - 1 mile

More than 1 mile

6 points

8 points

10 points

 

b)         Speed and Volume of Traffic

 

SPEED

VOLUME

POINTS

50 - 55 mph

Heavy

Moderate

Light

8

6

4

40 - 45 mph

Heavy

Moderate

Light

6

4

2

30 - 35 mph

Heavy

Moderate

Light

5

3

1

 

 

 

Section 557.140  Crossing a Roadway (Type II Hazard)

 

In determining whether a pupil crossing a roadway is endangered by a serious safety hazard, the type of traffic control, number of lanes, and speed and volume of traffic on the roadway will be considered.  To determine whether a hazard exists in a particular situation, appropriate points from subsections (a) and (b) will be added together.

 

a)         Type of Traffic Control

 

CONTROL OF TRAFFIC ON ROADWAY BEING CROSSED

TWO LANES

THREE LANES OR MORE

Does Not Stop

6 points

8 points

Stopped by signals or stop sign

2 points

4 points

 

b)         Speed and Volume of Traffic

 

SPEED

VOLUME

POINTS

50 - 55 mph

Heavy

Moderate

Light

8

6

4

40 - 45 mph

Heavy

Moderate

Light

6

4

2

30 - 35 mph

Heavy

Moderate

Light

5

3

1

 

(Source:  Amended at 25 Ill. Reg. 16534, effective December 18, 2001)

 

Section 557.150  Crossing Railroad Tracks (Type III Hazard)

 

In determining whether a pupil crossing a railroad track is endangered by a serious safety hazard, the number of tracks, type of crossing protection, and number of daily trains during school crossing periods will be considered.  To determine whether a hazard exists in a particular situation, appropriate points from subsections (a) and (b) will be added together.

 

a)         Number of Tracks and Type of Protection

 

 

TYPE OF PROTECTION

NO. OF TRACKS

ACTIVE

CROSSBUCKS ONLY

3 or more

6 points

8 points

1 or 2

4 points

7 points

 

b)         Number of Trains

 

NO. OF DAILY TRAINS DURING SCHOOL CROSSING PERIODS

POINTS

4 or more

7

3

6

2

5

1

4

 

(Source:  Amended at 25 Ill. Reg. 16534, effective December 18, 2001)

 

Section 557.160  Procedures

 

a)         Request by custodian for determination.

A request by a custodian for a determination that a serious safety hazard exists shall be made in accordance with this Part, and on an application form promulgated by the Department). This form will be provided by the Superintendent of the Educational Service Region for the county in which the custodian resides.  A custodian's request shall be supported by findings on those factors that were found to contribute to the hazard.  Findings shall be indicated by completion of appropriate portions of the application form. Example:  Speed of traffic (45 m.p.h).  Volume of traffic (60 vehicles/five minute vehicular traffic count).  Length of hazardous section (1.2 miles). Each submittal shall be certified true and correct by the custodian making the submission.

AGENCY NOTE:  Long-term construction projects may have an effect on the safety of a route used by pupils walking to and from school.  The effect may include increases in the type and length of the hazardous section, the speed and volume of the traffic, traffic control, the number of lanes of traffic to be crossed, the number of railroad tracks to be crossed, the type of railroad protection utilized and the number of daily trains passing during the school crossing periods.  A request submitted using these revised figures may result in a serious safety hazard finding for a route that would not otherwise qualify for such a finding.

 

b)         Submission of request.

An application form and a map or sketch showing the location of the hazard and the route walked by the pupil shall be submitted by the custodian to the Regional Superintendent of Education for the area in which the custodian is situated no later than February 1 of the school year for which reimbursement will be sought.  On or before February 15 of each year, the Regional Superintendent will forward the request to the appropriate District Office of the Department (see Section 557.Illustration A, District Boundary Map for a listing of District addresses and phone numbers).  The submittal may include other written materials, including photographs, that the custodian believes will aid in the Department's review.

 

c)         Department review.

 

1)         The Department will review and approve or disapprove the custodian's request within 30 days after submission of the request by the Regional Superintendent to the Department.

 

2)         If a submittal is incomplete, the Department will disapprove it without prejudice and will, in writing, state why it is considered incomplete.  A request that is disapproved because of incompleteness may be resubmitted by the custodian within 30 days after the custodian's receipt of notice by the Department that the request is incomplete.

 

3)         The Department's review will consist of determining the correctness of the information shown on the application form.  This review will include, but is not limited to, the following: viewing the location; consulting vehicular volume count maps or counting vehicles; measuring length and width of roadways; and observing train movements and obtaining train speeds from railroads, regulatory authorities or law enforcement officials.  The persons conducting the review will document the procedures utilized and information obtained. Requests, whether approved or disapproved, will be returned to the Regional Superintendent for distribution to custodians.  If a complete request is disapproved, the Department will, in writing, state why and upon what information the Department's decision was based.

 

d)         Reimbursement.

Since the actual reimbursement to custodians is handled by the State Superintendent of Education, rather than the Department, custodians shall refer questions regarding reimbursement to the State Superintendent.

 

(Source:  Amended at 25 Ill. Reg. 16534, effective December 18, 2001)




Section 557.ILLUSTRATION A   District Boundary Map

 


DISTRICT ENGINEERS

 

DISTRICT 1

 

201 W. Center Court

(Inside Delivery)

Schaumberg, Illinois 60196-1096

Phone:  847/705-4000

 

DISTRICT 2

 

819 Depot Avenue

Dixon, Illinois 61021-3546

Phone:  815/284-2271

 

DISTRICT 3

 

700 East Norris Drive

P.O. Box 697

Ottawa, Illinois 61350-0697

Phone:  815/434-6131

 

DISTRICT 4

 

401 Main Street

Peoria, Illinois 61602-1111

Phone:  309/671-3333

 

DISTRICT 5

 

Route I33 West – P.O. Box 610

Paris, Illinois 61944-0610

Phone:  217/465-4181

 

DISTRICT 6

 


126 East Ash Street

Springfield, Illinois 62704-4766

Phone:  217/782-7301

 

DISTRICT 7

 

400 West Wabash

Effingham, Illinois 62401-2699

Phone:  217/342-3951

 

DISTRICT 8

 


1102 Eastport Plaza Drive

Collinsville, Illinois 62234-6198

Phone:  618/346-3100

 

DISTRICT 9

State Transportation Building

P.O. Box 100

Carbondale, Illinois 62903-0100

Phone: 618/549-2171