NY Veh & Traf L § 1171 (2021)
2021 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.

§ 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.