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This entry was published on 2014-09-22
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Warning signs
Railroad (RRD) CHAPTER 49, ARTICLE 3
§ 53-a. Warning signs. Every municipality or political subdivision, or
in case of state highways the department of transportation, which is
charged with the duty of maintaining a highway at places where such
highway crosses a railroad at grade, shall install and maintain an
approach warning sign in each such highway on each side of each railroad
grade crossing. In case of the failure or refusal of any such
municipality or political subdivision or railroad company to install or
furnish such signs as herein provided the commissioner of transportation
shall take proceedings to compel obedience to the provisions of this
section by the municipality or political subdivision or by the railroad
company. The supreme court at a special term upon a special proceeding
brought by the commissioner of transportation shall have the power in
all cases to compel compliance with the provisions of this section
subject to appeal to the appellate division of the supreme court and the
court of appeals in the same manner and with like effect as is provided
in case of appeals from a judgment of the supreme court.

Where physical conditions at any grade crossing are such that the
commissioner of transportation deems it impracticable to place such
approach warning signs, such commissioner of transportation may by order
release the municipality or other political subdivision or the
department of transportation from the obligation of installing and
maintaining such signs and may by order direct other suitable warning
signs to be furnished by the railroad company and installed and
maintained by the municipality. The erection and maintenance of any sign
or signs other than said approach warning signs may be prohibited by any
such municipality, political subdivision or department of transportation
in any highway between any such approach warning sign and any such
crossing, or in any location where the warning sign may be obscured from
view by the presence of such other sign or signs.

The design, location, and manner of installation of such signs shall
conform to the manual and specifications for a uniform system of
traffic-control devices adopted by the department of transportation.

It shall be the duty of the driver of any vehicle using such street or
highway and crossing to reduce speed to a safe limit upon passing such
sign and to proceed cautiously and carefully with the vehicle under
complete control.

The commissioner of transportation may require the railroad company or
municipality or political subdivision which is charged with the duty of
maintaining the highway wherever practicable to maintain its property at
or near such grade crossing free of obstruction to vision.

Provided, however, any approach warning sign, maintained pursuant to
this section, installed prior to the time this act takes effect may
continue as and shall be deemed a lawful approach warning sign for the
purposes of applying the provisions of this section.