N.Y. Railroad Law § 53-a: Warning signs

§ 53-a. Warning signs. Every municipality or political subdivision, or

in case of state highways the department of transportation, which is

charged with the duty of maintaining a highway at places where such

highway crosses a railroad at grade, shall install and maintain an

approach warning sign in each such highway on each side of each railroad

grade crossing. In case of the failure or refusal of any such

municipality or political subdivision or railroad company to install or

furnish such signs as herein provided the commissioner of transportation

shall take proceedings to compel obedience to the provisions of this

section by the municipality or political subdivision or by the railroad

company. The supreme court at a special term upon a special proceeding

brought by the commissioner of transportation shall have the power in

all cases to compel compliance with the provisions of this section

subject to appeal to the appellate division of the supreme court and the

court of appeals in the same manner and with like effect as is provided

in case of appeals from a judgment of the supreme court.

Where physical conditions at any grade crossing are such that the

commissioner of transportation deems it impracticable to place such

approach warning signs, such commissioner of transportation may by order

release the municipality or other political subdivision or the

department of transportation from the obligation of installing and

maintaining such signs and may by order direct other suitable warning

signs to be furnished by the railroad company and installed and

maintained by the municipality. The erection and maintenance of any sign

or signs other than said approach warning signs may be prohibited by any

such municipality, political subdivision or department of transportation

in any highway between any such approach warning sign and any such

crossing, or in any location where the warning sign may be obscured from

view by the presence of such other sign or signs.

The design, location, and manner of installation of such signs shall

conform to the manual and specifications for a uniform system of

traffic-control devices adopted by the department of transportation.

It shall be the duty of the driver of any vehicle using such street or

highway and crossing to reduce speed to a safe limit upon passing such

sign and to proceed cautiously and carefully with the vehicle under

complete control.

The commissioner of transportation may require the railroad company or

municipality or political subdivision which is charged with the duty of

maintaining the highway wherever practicable to maintain its property at

or near such grade crossing free of obstruction to vision.

Provided, however, any approach warning sign, maintained pursuant to

this section, installed prior to the time this act takes effect may

continue as and shall be deemed a lawful approach warning sign for the

purposes of applying the provisions of this section.