NY Veh & Traf L § 1170 (2021)
2021 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.

§ 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.