NEW YORK STATUTES APPLICABLE TO HIGHWAY GRADE CROSSINGS
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…
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.
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…
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…
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.
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…
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.
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…
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…
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.
