Section 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. 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
  eighteen months, such person shall be punished by a  fine  of  not  less
  than  three  hundred fifty dollars nor more than five hundred 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 eighteen months, such  person
  shall  be  punished  by  a fine of not less than six hundred dollars nor
  more than seven hundred fifty 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.