§ 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: (i) 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; and (ii) shall stop at such crossing if the course is not
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.

(f) Every person convicted of a violation of this section 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 thirty
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
thirty 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.