§ 1170 — Obedience to signal indicating approach of train

§ 1170. Obedience to signal indicating approach of train. (a) Whenever\nany person driving a vehicle approaches a railroad grade crossing under\nany of the circumstances stated in this section, the driver of such\nvehicle shall stop not less than fifteen feet from the nearest rail of\nsuch railroad, and shall not proceed until he can do so safely. The\nforegoing requirements shall apply when:\n 1. An audible or clearly visible electric or mechanical signal device\ngives warning of the immediate approach of a railroad train;\n 2. A crossing gate is lowered or when a human flagman gives or\ncontinues to give a signal of the approach or passage of a railroad\ntrain;\n 3. A railroad train approaching within approximately one thousand five\nhundred feet of the highway crossing emits a signal audible from such\ndistance and such railroad train, by reason of its speed or nearness to\nsuch crossing, is an immediate hazard; or\n 4. An approaching railroad train is plainly visible and is in\nhazardous proximity to such crossing.\n 5. Every person convicted of a violation of this subdivision shall for\na first conviction thereof be punished by a fine of not more than one\nhundred fifty dollars or by imprisonment for not more than fifteen days\nor by both such fine and imprisonment; for a conviction of a second\nviolation, both of which were committed within a period of eighteen\nmonths, such person shall be punished by a fine of not more than five\nhundred dollars or by imprisonment for not more than forty-five days or\nby both such fine and imprisonment; upon a conviction of a third or\nsubsequent violation, all of which were committed within a period of\neighteen months, such person shall be punished by a fine of not more\nthan seven hundred fifty dollars or by imprisonment for not more than\nninety days or by both such fine and imprisonment.\n (b) No person shall drive any vehicle through, around, or under any\ncrossing gate or barrier at a railroad crossing while such gate or\nbarrier is closed or is being opened or closed. Every person convicted\nof a violation of this subdivision shall for a first conviction thereof\nbe punished by a fine of not less than two hundred fifty dollars nor\nmore than four hundred dollars or by imprisonment for not more than\nthirty days or by both such fine and imprisonment; for a conviction of a\nsecond violation, both of which were committed within a period of thirty\nmonths, such person shall be punished by a fine of not less than three\nhundred fifty dollars nor more than seven hundred fifty dollars or by\nimprisonment for not more than ninety days or by both such fine and\nimprisonment; upon a conviction of a third or subsequent violation, all\nof which were committed within a period of thirty months, such person\nshall be punished by a fine of not less than six hundred dollars nor\nmore than one thousand dollars or by imprisonment for not more than one\nhundred eighty days or by both such fine and imprisonment.\n (c) 1. Any person convicted of a violation of this section while\ndriving any vehicle carrying passengers under eighteen years of age, any\nbus carrying passengers, any school bus or any vehicle carrying\nexplosive substances or flammable liquids as a cargo or part of a cargo,\nshall, upon conviction of a first offense, be guilty of a class A\nmisdemeanor, and shall, upon conviction of a second or subsequent\noffense committed within five years of the prior offense, be guilty of a\nclass E felony.\n 2. Any person convicted of a violation of this section resulting in an\naccident which causes physical injury, as that term is defined pursuant\nto subdivision nine of section 10.00 of the penal law, serious physical\ninjury, as that term is defined pursuant to subdivision ten of section\n10.00 of the penal law, or death to another person, shall be guilty of a\nclass E felony.\n (d) Nothing contained in this section shall be construed to prohibit\nor limit the prosecution of any violation, crime or other offense\notherwise required or permitted by law.\n