Railroad crossing violations pose serious risks to drivers, passengers, pedestrians, and train operators. These violations can lead to devastating accidents, significant financial penalties, and long-term legal consequences.
In New York, drivers are subject to strict railroad crossing regulations to prevent such tragedies. Ignoring these laws, whether intentionally or due to a lack of awareness, can result in substantial fines, potential jail time, and points added to your driving record. Getting too many points can lead to a suspension of driving privileges, severely impacting your day-to-day life.
Given the severe penalties and the complexity of New York’s traffic laws, seek legal guidance if facing a railroad crossing violation. An attorney can help navigate the legal system and work toward a favorable outcome.
If you’ve received a ticket for a railroad crossing violation, reach out to Martin A. Kron & Associates, P.C. at (212) 235-1525 or contact us online today.
Navigating New York's Railroad Crossing Laws
The railroad crossing laws, codified in New York Vehicle & Traffic Law §§ 1170 and 1171, establish clear guidelines drivers must follow when approaching and crossing railroad tracks. Violating the laws can result in severe penalties, including fines, jail time, and points on your driving record.
Section 1170: General Rules for All Drivers
Under Section 1170, drivers must stop at least 15 feet from the nearest rail when signals indicate the approach of a train. These signals include audible or visible warnings, such as flashing lights or lowering gates. Additionally, if a train is within 1,500 feet and is clearly visible, drivers are required to stop and wait until the train has passed and it is safe to proceed.
Violating these rules can result in a fine of up to $150 or 15 days in jail for a first offense. More severe penalties apply for subsequent violations.
Drivers are also prohibited from driving through, around, or under any crossing gate or barrier while it is closing, closed, or opening. A first-time violation of this rule can lead to a fine of up to $250 and up to 30 days in jail.
Section 1171: Special Requirements for Certain Vehicles
Section 1171 imposes additional requirements on certain vehicles, such as buses carrying passengers and commercial vehicles with a gross vehicle weight rating of over 10,000 pounds. These vehicles must stop within 50 feet, but no less than 15 feet, from the nearest rail. The drivers must listen and look for approaching trains. They can only proceed when it is safe.
Moreover, commercial vehicle drivers must obey all traffic control devices or directions police officers give when approaching a railroad crossing.
Failure to adhere to these rules can result in a fine of up to $150 and up to 15 days in jail for a first offense.
Long-Term Consequences of Railroad Crossing Violations
Railroad crossing violations are not just minor infractions; they carry long-term consequences that can significantly impact your driving privileges and overall record. A railroad crossing violation is a five-point offense. This addition to your driving record is substantial, especially considering that accumulating 11 points within 18 months can lead to a suspension of your driver’s license.
Points on your driving record can also increase insurance premiums, making it more expensive to maintain your vehicle. Additionally, if you are a commercial driver, a railroad crossing violation can jeopardize your commercial driver’s license (CDL), potentially affecting your employment and livelihood.
Immediate Steps to Take If You Receive a Ticket:
If you receive a ticket for a railroad crossing violation, it’s crucial to act quickly. The first step is to consult with an experienced traffic attorney who understands New York’s traffic laws. A lawyer can review your case, explain your options, and help develop a strategy to fight the charge.
Contact Martin A. Kron & Associates, P.C. for assistance with railroad crossing violations and other traffic-related charges. Call us at (212) 235-1525 to schedule a consultation.