N.Y. Education Law § 3636: Passage of school buses across railroad crossings

§ 3636. Passage of school buses across railroad crossings. 1. No

school bus transporting pupils between home and school or between

schools which such pupils regularly attend either within or outside the

district which operates or contracts for the operation of such bus, or

transporting pupils for any purpose within such district, shall cross

railroad tracks at grade except at a guarded railroad crossing, unless

the governing body of the school district which operates the bus or

contracts for the operation of the bus shall have adopted, at a regular

meeting after a public hearing thereon, a resolution by which it shall

have determined that the use of a route which would avoid an unguarded

railroad crossing by the school bus would be impracticable.

A copy of any resolution adopted pursuant to the provisions of this

section shall be filed with the department of education and the

department of transportation at their respective offices in the city of

Albany.

2. For the purpose of this section, a guarded railroad crossing shall

be defined as follows:

a. Any railroad crossing having automatic electrically operated gates

that meet the specifications for such gates in the rules and regulations

promulgated by the department of transporation.

b. Any railroad crossing where a member of the approaching train's

crew disembarks from the train which has stopped before the crossing and

positions himself at the crossing to halt traffic while the train

passes. Such procedure must be in accordance with the rules and

regulations promulgated by the department of transportation.

c. Any railroad crossing protected by an automatic warning signal

which meets the specifications in the rules and regulations as

promulgated by the department of transportation.

d. Any railroad crossing protected by one or more persons serving as a

railroad crossing guard.

3. Each school district shall prepare and maintain a map indicating

the intersection with any unguarded railroad crossing of each route used

by a school bus transporting students to and from school either within

or outside the district, or for any purpose within the district, and

shall make such map available for inspection by any resident of the

district at a place designated by the governing body of the district.

4. The commissioner of education shall have the authority to

promulgate such regulations as he shall deem appropriate to implement

the provisions of this section.