2020 New York Laws
VAT - Vehicle and Traffic
Title 7 - Rules of the Road
Article 29 - Special Stops Required
1170 - Obedience to Signal Indicating Approach of Train.

Universal Citation: NY Veh & Traf L § 1170 (2020)
§ 1170. Obedience to signal indicating approach of train. (a) Whenever
any  person driving a vehicle approaches a railroad grade crossing under
any of the circumstances stated in this  section,  the  driver  of  such
vehicle  shall  stop not less than fifteen feet from the nearest rail of
such railroad, and shall not proceed until he  can  do  so  safely.  The
foregoing requirements shall apply when:
  1.  An audible or clearly visible electric or mechanical signal device
gives warning of the immediate approach of a railroad train;
  2. A crossing gate is  lowered  or  when  a  human  flagman  gives  or
continues  to  give  a  signal  of the approach or passage of a railroad
train;
  3. A railroad train approaching within approximately one thousand five
hundred feet of the highway crossing emits a signal  audible  from  such
distance  and such railroad train, by reason of its speed or nearness to
such crossing, is an immediate hazard; or
  4. An  approaching  railroad  train  is  plainly  visible  and  is  in
hazardous proximity to such crossing.
  5. Every person convicted of a violation of this subdivision shall for
a  first  conviction  thereof be punished by a fine of not more than one
hundred fifty dollars or by imprisonment for not more than fifteen  days
or  by  both  such  fine  and imprisonment; for a conviction of a second
violation, both of which were committed  within  a  period  of  eighteen
months,  such  person  shall be punished by a fine of not more than five
hundred dollars or by imprisonment for not more than forty-five days  or
by  both  such  fine  and  imprisonment; upon a conviction of a third or
subsequent violation, all of which were committed  within  a  period  of
eighteen  months,  such  person  shall be punished by a fine of not more
than seven hundred fifty dollars or by imprisonment for  not  more  than
ninety days or by both such fine and imprisonment.

(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. Every person convicted of a violation of this subdivision shall for a first conviction thereof be punished by a fine of not less than two hundred fifty dollars nor more than four hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of thirty months, such person shall be punished by a fine of not less than three hundred fifty dollars nor more than seven hundred fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of thirty months, such person shall be punished by a fine of not less than six hundred dollars nor more than one thousand dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment.

(c) 1. Any person convicted of a violation of this section while driving any vehicle carrying passengers under eighteen years of age, any bus carrying passengers, any school bus or any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall, upon conviction of a first offense, be guilty of a class A misdemeanor, and shall, upon conviction of a second or subsequent offense committed within five years of the prior offense, be guilty of a class E felony. 2. Any person convicted of a violation of this section resulting in an accident which causes physical injury, as that term is defined pursuant to subdivision nine of section 10.00 of the penal law, serious physical injury, as that term is defined pursuant to subdivision ten of section 10.00 of the penal law, or death to another person, shall be guilty of a class E felony.

(d) Nothing contained in this section shall be construed to prohibit or limit the prosecution of any violation, crime or other offense otherwise required or permitted by law.

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