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Article 29 - NY Vehicle and Traffic Law

SPECIAL STOPS REQUIRED

Section Description
1170Obedience to signal indicating approach of train.
1171Certain vehicles must stop at all railroad grade crossings.
1172Stop signs and yield signs.
1173Emerging from alley, driveway, private road or building.
1174Overtaking and passing school bus.
1175Obstructing traffic at intersection.
1176Obstructing highway-railroad grade crossings.
Common Traffic Law Violations for Article 29
S 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.

S 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 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.
  (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.

S 1172. Stop  signs  and  yield  signs.  (a)  Except  when directed to
proceed by a police officer, every driver of  a  vehicle  approaching  a
stop  sign  shall  stop at a clearly marked stop line, but if none, then
shall stop before entering  the  crosswalk  on  the  near  side  of  the
intersection,  or  in  the  event  there  is  no crosswalk, at the point
nearest the intersecting roadway where the driver  has  a  view  of  the
approaching  traffic  on  the  intersecting  roadway before entering the
intersection and the right to proceed shall be subject to the provisions
of section eleven hundred forty-two.
  (b) The driver of a vehicle approaching a yield sign if  required  for
safety  to  stop shall stop at a clearly marked yield line, but if none,
then shall stop before entering the crosswalk on the near  side  of  the
intersection,  or  in  the  event  there  is  no crosswalk, at the point
nearest the intersecting roadway where the driver  has  a  view  of  the
approaching  traffic  on  the  intersecting  roadway before entering the
intersection and the right to proceed shall be subject to the provisions
of section eleven hundred forty-two of this title.

S 1173. Emerging from alley, driveway, private road or building.  The
driver of a vehicle emerging from an alley, driveway, private road or
building shall stop such vehicle immediately prior to driving onto a
sidewalk extending across any alleyway, building entrance, road or
driveway, or in the event there is no sidewalk, shall stop at the point
nearest the roadway to be entered where the driver has a view of
approaching traffic thereon.

S 1174. Overtaking and passing school bus. (a) The driver of a vehicle
upon a public highway, street or private road upon meeting or overtaking
from either direction any school bus marked and equipped as provided in
subdivision twenty of section three hundred seventy-five of this chapter
which has stopped on the public highway, street or private road for the
purpose of receiving or discharging any passengers, or which has stopped
because a school bus in front of it has stopped to receive or discharge
any passengers, shall stop the vehicle before reaching such school bus
when there is in operation on said school bus a red visual signal as
specified in subdivision twenty of section three hundred seventy-five of
this chapter and said driver shall not proceed until such school bus
resumes motion, or until signaled by the driver or a police officer to
proceed. For the purposes of this section, and in addition to the
provisions of section one hundred thirty-four of this chapter, the term
"public highway" shall mean any area used for the parking of motor
vehicles or used as a driveway located on the grounds of a school or of
a board of cooperative educational services facility or any area used as
a means of access to and egress from such school or facility.
  (b) The driver of such school bus, when receiving or discharging
passengers who must cross a public highway, street or private road,
shall instruct such passengers to cross in front of the bus and the
driver thereof shall keep such school bus halted with red signal lights
flashing until such passengers have reached the opposite side of such
highway, street or private road. Whether such passengers are crossing
such highway street or private road or discharging to the same side of
such highway, street or private road, the driver of such bus shall keep
such school bus halted with red signal lights flashing until such
passengers are at least fifteen feet from the bus and either off the
highway, street or private road or on a sidewalk.
  (c) Every person convicted of a violation of subdivision (a) of this
section 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 three years, 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; upon a
conviction of a third or subsequent violation, all of which were
committed within a period of three years, such person shall be punished
by a fine of not less than seven hundred fifty 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.
  (d) For the purposes of this section, the term "passengers" shall mean
those persons designated in paragraph (d) of subdivision twenty of
section three hundred seventy-five of this chapter.

S 1175. Obstructing traffic at intersection. When vehicular traffic is
stopped on the opposite side of an intersection, no person shall drive a
vehicle into such intersection, except when making a turn unless there
is adequate space on the opposite side of the intersection to
accommodate the vehicle he is driving notwithstanding the indication of
a traffic control signal which would permit him to proceed.

S 1176. Obstructing highway-railroad grade crossings. No person shall
  drive a vehicle onto the railroad tracks  at  a  highway-railroad  grade
  crossing  unless there is sufficient undercarriage clearance to traverse
  the crossing and adequate space on the opposite side of the crossing  to
  accommodate  the  vehicle  he and/or she is driving, notwithstanding the
  indication of any traffic control device which would permit  him  and/or
  her to proceed.

Top of Page
Section Sub Description of Violation
1172 (a) Disobeyed stop sign
1172 (b) Failed to stop for yield sign when required
1173   Failed to stop - emerging from alley, driveway, private road, or building
1174 (a) Passed stopped school bus/lights flashing
1174 (b) Failed to keep school bus halted/lighted
1175   Entered intersection when room unavailable (gridlock)
Vehicle and Traffic Law Drivers Point Guide

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