VTL § 1171 (a), “Failed to Stop at Railroad Crossing (certain vehicles)”

Vehicle & Traffic Law § 1170(a) requires motorists to stop at a railroad crossing only when there is a warning of an oncoming train. VTL 1171(a) goes a step further and requires motorists of certain vehicles to make a complete stop at a railroad crossing regardless of a warning of an oncoming train. This applies to school bus drivers and certain commercial vehicles. A violation of VTL 1171(a) is considered one of the more serious traffic infractions in New York State. The actual fine is not relatively high, with the maximum being $150 plus $93 surcharge. However, this violation will put five points on your driving record. More importantly, with such a violation appearing on your record, you can expect to see substantial increases in your insurance premiums. If you are a CDL driver or any other specialized class, it may inhibit your ability to continue being employed.

Text of Statute

This statute reads as follows:

§ 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.

Disputing a § 1171(a) Ticket

If you received a 1171-a ticket, it is most imperative that you try getting it reduced or dismissed. There are several possible defenses to this charge, both procedural and technical. An attorney is in the best position to get this violation reduced to a more minor violation or perhaps dismissed. The attorney you choose should have several years of experience specifically in traffic law and should be familiar with the particular court that is adjuring the charges. In most cases your lawyer can also make any necessary court appearances in your place.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Vehicle & Traffic Law throughout New York State. Our firm has experience handling all types of traffic violations including railroad-crossing related charges. We have experience in all other areas of the state, including the Catskills, Southern Tier, Central New York, Western New York, Upstate New York, New York City, Hudson Valley, Finger Lakes, North Country, Capital District, and Mohawk Valley. For a free consultation of your 1171a ticket, you can contact us during regular business hours. Our team will be glad to review the circumstances leading up to the issuance of the ticket and advise on how we can help. The Benjamin Goldman Law Office can be reached by phone call, text message, or email. Our firm looks forward to working with you to beat your charges.

Fight a VTL § 1171 (a) Ticket