Assembly Bill A10491

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10491
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to obedience to
   certain signals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 1170 of the vehicle and traffic
 law, as amended by chapter 501 of the laws of 2016, is amended  to  read
 as follows:
   (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] THEY 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 OR OTHER
 ON-TRACK EQUIPMENT;
   2. A crossing gate is lowered or when a human  [flagman]  FLAG  PERSON
 gives  or  continues  to  give  a signal of the approach or passage of a
 railroad train OR OTHER ON-TRACK EQUIPMENT;
   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 OR OTHER ON-TRACK EQUIPMENT is plain-
 ly visible and is in hazardous proximity to such crossing.
   [5.] (A-1) Every person convicted of a violation of [this] subdivision
 (A) OF THIS SECTION shall for a first conviction thereof be punished  by
 a fine of not more than one hundred fifty dollars or by imprisonment for
 not  more than fifteen 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 more than five hundred dollars or by imprisonment for not more  than
 forty-five days or by both such fine and imprisonment; upon a conviction
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15022-01-6
 A. 10491                            2
 
 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 more than seven hundred fifty dollars or  by  imprisonment  for  not
 more than ninety days or by both such fine and imprisonment.
   § 2. This act shall take effect immediately.