NEW YORK STATE STATUTES APPLICABLE TO HIGHWAY GRADE CROSSINGS
(Emphasis supplied)
From the NYS Railroad Law, Article 3:
(current to 8/30/04)
S 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 judgement 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.
From NYS Vehicle & Traffic Law, Title 1, Article 1 (Definitions):
(current to 8/30/04)
S 136. Railroad sign or signal. Any sign, signal, or device erected by authority of a public
body or official by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
S 153. Traffic control devices. All signs, signals, markings, and devices not inconsistent with
this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
From NYS Vehicle & Traffic Law, Title 7, Article 24:
(current to 8/30/04)
S 1110.
Obedience to and required traffic-control devices.
(a) Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(b) No provision of this title for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to
conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
(e) For purposes of this article, "intersection" shall include the area embracing the juncture of a highway
with a private road or driveway and "intersecting roadway" shall include an intersecting private road or driveway.
S 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.
(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 eighteen months, such person shall be punished by a fine of not less than three hundred fifty dollars nor more than five hundred 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 eighteen months, such person shall be punished by a fine of not less than six hundred dollars nor more than seven hundred fifty 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.
S 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 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.
(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.
S 1176.
Obstructing highway-railroad grade crossings. No person shall drive a vehicle onto the railroad tracks at a highway-railroad grade crossing unless there is adequate space on the opposite side of the crossing to accommodate the vehicle he and/or she is driving, notwithstanding the indication of any traffic control device which would permit him and/or her to proceed.
