§ 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.

5. Every person convicted of a violation of this subdivision 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 eighteen
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
eighteen 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.

(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 thirty
months, such person shall be punished by a fine of not less than three
hundred fifty dollars nor more than seven hundred fifty 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 thirty months, such person
shall be punished by a fine of not less than six hundred dollars nor
more than one thousand 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.