2023 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.