N.Y. Railroad Law § 53: Sign boards, flagmen and gates at crossings

§ 53. Sign boards, flagmen and gates at crossings. 1. Every railroad

corporation shall cause a sign board to be placed, well supported and

constantly maintained, at every crossing where its road is crossed by a

public highway at grade. Such sign board shall be of a shape and design

to be approved by the commissioner of transportation, and shall have

suitable words painted thereon to warn travelers of the existence of

such grade crossing. The commissioner of transportation shall have power

to prescribe the location and elevation of such sign and the words of

warning thereon. The commissioner of transportation may dispense with

the use of such sign boards at such crossings as he may designate in

cities and villages. At any point where a steam or electric railroad

operating upon private right of way crosses a street, highway, turnpike,

plankroad, or traveled way at grade, the corporation owning or operating

such steam or electric railroad must upon order of the commissioner of

transportation station a flagman, erect gates to be opened and closed

when an engine or train passes, or provide other means of protection,

and where a steam railroad crosses a street railroad at grade, and the

corporation owning or operating such railroad refuses to station a

flagman, erect gates, to be opened and closed when an engine or train

passes, the commissioner of transportation may, upon application, order

that a flagman be stationed at such point, or that gates shall be

erected thereat, and that a person be stationed to open and close them

when an engine or train passes, or may make such other order respecting

the same as he deems proper.

2. Whenever the crossing by a railroad at grade of the streets,

highways, turnpikes, plank-roads or traveled ways of any village or

city, having a population by the last state or federal enumeration of

less than fifty thousand, shall be protected by gates with persons to

open and close the same or by any type of automatic protection, when an

engine or train passes, the local authorities of the city or village

shall not impose any limitation, less than forty miles an hour, on the

rate of speed at which such engine or train shall be run, or enforce any

existing limitation upon such rate of speed, less than forty miles an

hour.