Section 1171. Certain vehicles must stop at all railroad grade crossings  


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  • (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.