N.Y. Vehicle & Traffic Law § 1171: Certain vehicles must stop at all railroad grade crossings

§ 1171. Certain vehicles must stop at all railroad grade crossings.

(a) The driver of any bus carrying passengers, of any school bus, of any

motor vehicle with a gross vehicle weight rating of greater than ten

thousand pounds that transports division 2.3 chlorine or is a cargo

tank, whether loaded or empty, used to transport hazardous materials, as

defined in section five hundred one-a of this chapter, of any motor

vehicle required to be marked or placarded by either the United States

department of transportation or the New York state department of

transportation regulations or any vehicle carrying explosive substances

or flammable liquids as a cargo or part of a cargo, of any crawler-type

tractor, steam shovel, derrick, roller, or of any equipment or structure

having a normal operating speed of ten or less miles per hour or a

vertical body or load clearance of less than one-half inch per foot of

the distance between any two adjacent axles or in any event of less than

nine inches, measured above the level surface of a roadway, before

crossing at grade any track or tracks of a railroad, shall stop such

vehicle within fifty feet but not less than fifteen feet from the

nearest rail of such railroad and while so stopped shall listen and look

in both directions along such track for any approaching train, and for

signals indicating the approach of a train, except as hereinafter

provided, and shall not proceed until he can do so safely. After

stopping as required herein and upon proceeding when it is safe to do so

the driver of any said vehicle shall cross only in such gear of the

vehicle that there will be no necessity for changing gears while

traversing such crossing and the driver shall not shift gears while

crossing the track or tracks.

(b) No stop need be made at any such crossing where a police officer

or a traffic-control signal or sign directs traffic to proceed.

(c) Every motor vehicle used in commerce with a gross vehicle weight

rating of greater than ten thousand pounds not subject to the

requirements of subdivision (a) of this section: (i) shall upon

approaching a railroad grade crossing, be driven at a rate of speed

which will permit said motor vehicle to be stopped before reaching the

nearest rail of such crossing, and shall not be driven upon or over such

crossing until due caution has been taken to ascertain that the course

is clear; and (ii) shall stop at such crossing if the course is not

clear.

(d) In addition to the requirements of subdivisions (a) and (c) of

this section, the driver of a commercial vehicle must check

street-railway grade crossings within a business or residence district.

(e) Notwithstanding any other provision of law, every operator of a

commercial motor vehicle shall obey a traffic control device or the

directions of a police officer at a railroad grade crossing.

(f) Every person convicted of a violation of this section 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 thirty

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

thirty 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.