§ 53-A — Warning signs

§ 53-a. Warning signs. Every municipality or political subdivision, or\nin case of state highways the department of transportation, which is\ncharged with the duty of maintaining a highway at places where such\nhighway crosses a railroad at grade, shall install and maintain an\napproach warning sign in each such highway on each side of each railroad\ngrade crossing. In case of the failure or refusal of any such\nmunicipality or political subdivision or railroad company to install or\nfurnish such signs as herein provided the commissioner of transportation\nshall take proceedings to compel obedience to the provisions of this\nsection by the municipality or political subdivision or by the railroad\ncompany. The supreme court at a special term upon a special proceeding\nbrought by the commissioner of transportation shall have the power in\nall cases to compel compliance with the provisions of this section\nsubject to appeal to the appellate division of the supreme court and the\ncourt of appeals in the same manner and with like effect as is provided\nin case of appeals from a judgment of the supreme court.\n Where physical conditions at any grade crossing are such that the\ncommissioner of transportation deems it impracticable to place such\napproach warning signs, such commissioner of transportation may by order\nrelease the municipality or other political subdivision or the\ndepartment of transportation from the obligation of installing and\nmaintaining such signs and may by order direct other suitable warning\nsigns to be furnished by the railroad company and installed and\nmaintained by the municipality. The erection and maintenance of any sign\nor signs other than said approach warning signs may be prohibited by any\nsuch municipality, political subdivision or department of transportation\nin any highway between any such approach warning sign and any such\ncrossing, or in any location where the warning sign may be obscured from\nview by the presence of such other sign or signs.\n The design, location, and manner of installation of such signs shall\nconform to the manual and specifications for a uniform system of\ntraffic-control devices adopted by the department of transportation.\n It shall be the duty of the driver of any vehicle using such street or\nhighway and crossing to reduce speed to a safe limit upon passing such\nsign and to proceed cautiously and carefully with the vehicle under\ncomplete control.\n The commissioner of transportation may require the railroad company or\nmunicipality or political subdivision which is charged with the duty of\nmaintaining the highway wherever practicable to maintain its property at\nor near such grade crossing free of obstruction to vision.\n Provided, however, any approach warning sign, maintained pursuant to\nthis section, installed prior to the time this act takes effect may\ncontinue as and shall be deemed a lawful approach warning sign for the\npurposes of applying the provisions of this section.\n