N.Y. Vehicle & Traffic Law § 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.