New York Laws
Article 29 - Special Stops Required
1170 - Obedience to Signal Indicating Approach of Train.

(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.

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