2020 New York Laws
VAT - Vehicle and Traffic
Title 7 - Rules of the Road
Article 29 - Special Stops Required
1171 - Certain Vehicles Must Stop at All Railroad Grade Crossings.

Universal Citation: NY Veh & Traf L § 1171 (2020)
§ 1171. Certain  vehicles  must  stop at all railroad grade crossings.
(a) The driver of any bus carrying passengers, of any school bus, of any
motor vehicle with a gross vehicle weight rating  of  greater  than  ten
thousand  pounds  that  transports  division  2.3 chlorine or is a cargo
tank, whether loaded or empty, used to transport hazardous materials, as
defined in section five hundred one-a of  this  chapter,  of  any  motor
vehicle  required  to be marked or placarded by either the United States
department of  transportation  or  the  New  York  state  department  of
transportation  regulations or any vehicle carrying explosive substances
or flammable liquids as a cargo or part of a cargo, of any  crawler-type
tractor, steam shovel, derrick, roller, or of any equipment or structure
having  a  normal  operating  speed  of  ten or less miles per hour or a
vertical body or load clearance of less than one-half inch per  foot  of
the distance between any two adjacent axles or in any event of less than
nine  inches,  measured  above  the  level  surface of a roadway, before
crossing at grade any track or tracks of a  railroad,  shall  stop  such
vehicle  within  fifty  feet  but  not  less  than fifteen feet from the
nearest rail of such railroad and while so stopped shall listen and look
in both directions along such track for any approaching train,  and  for
signals  indicating  the  approach  of  a  train,  except as hereinafter
provided, and shall not  proceed  until  he  can  do  so  safely.  After
stopping as required herein and upon proceeding when it is safe to do so
the  driver  of  any  said  vehicle shall cross only in such gear of the
vehicle that there  will  be  no  necessity  for  changing  gears  while
traversing  such  crossing  and  the  driver shall not shift gears while
crossing the track or tracks.

(b) No stop need be made at any such crossing where a police officer or a traffic-control signal or sign directs traffic to proceed.

(c) Every motor vehicle used in commerce with a gross vehicle weight rating of greater than ten thousand pounds not subject to the requirements of subdivision (a) of this section: (i) shall upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said motor vehicle to be stopped before reaching the nearest rail of such crossing, and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear; and (ii) shall stop at such crossing if the course is not clear.

(d) In addition to the requirements of subdivisions (a) and (c) of this section, the driver of a commercial vehicle must check street-railway grade crossings within a business or residence district.

(e) Notwithstanding any other provision of law, every operator of a commercial motor vehicle shall obey a traffic control device or the directions of a police officer at a railroad grade crossing.

(f) Every person convicted of a violation of this section 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 thirty 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 thirty 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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.