2023 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.