Vehicle & Traffic Law § 1176 “Obstructing Railroad Crossing”

New York State Vehicle and Traffic Law (VTL) § 1176 prohibits motorists from driving onto railroad tracks at a highway-railroad grade crossing unless there is enough space on the far side to clear the crossing and enough undercarriage clearance, regardless of what the traffic signal shows. A conviction carries 5 DMV points and a fine set by the judge, plus a mandatory state surcharge.

Penalties for a VTL § 1176 Ticket

A VTL § 1176 conviction is a 5-point moving violation, and the fine is set by the judge hearing the case.

• DMV points: 5 points. A "railroad crossing violation" carries 5 points. Those points count toward the 6-points-in-18-months Driver Responsibility Assessment and the 11-points-in-24-months suspension threshold.
• Fine: Set by the judge, up to $150 for a first offense under VTL § 1800(b), rising to $300 for a second offense within 18 months and $450 for a third, plus a mandatory surcharge under VTL § 1809 of $88 (city and district courts) or $93 (town and village courts).
• CDL disqualification: Commercial drivers convicted while operating a commercial motor vehicle face a federal disqualification under 49 CFR § 383.51, Table 3: at least 60 days for a first offense, 120 days for a second within 3 years, and 1 year for a third. This applies when a driver "fails to have sufficient space to drive completely through the crossing" or "fails to negotiate a crossing because of insufficient undercarriage clearance."
• Insurance impact: Per the NY DMV, points remain on your driving record for as long as the conviction does, and insurers can use that history to raise your insurance premiums.

Statute

The wording of VTL § 1176 is as follows:

§ 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.

Who Gets Cited With VTL § 1176?

Any driver in New York can be cited under VTL § 1176. In simple terms, the law says not to drive onto railroad tracks unless you can make it all the way across, even if the light is green or the gates are up. Such tickets are commonly issued by officers of the Metropolitan Transportation Authority (MTA) Police Department, which is assigned to monitor railroad tracks and has the authority to issue such tickets.

• Stopping on the tracks in backed-up traffic: The most common scenario, where a driver follows the traffic queue onto the crossing and gets stuck there when the gates come down.
• Low-clearance vehicles: Trucks, trailers, and lowered vehicles that can get hung up on a raised crossing. This is the undercarriage-clearance clause of the statute, which can also lead to the CDL disqualification described above.

Fighting an 1176 Ticket

Before pleading guilty to VTL 1176, it probably makes sense to consult with a traffic ticket attorney. If you want to avoid the points from going on your record, then you need to plead Not Guilty. It is not unethical or immoral to plead not guilty to a traffic ticket even when you committed the alleged violation. Pleading Not Guilty merely means that you want the police officer to prove the case in court, as is your constitutional right. An attorney can go to court in your place and is often able to obtain a plea bargain that would reduce the points in a significant way, allowing you to avoid the increased insurance rates that come along with an 1176 violation. You may then be able to avoid points entirely. For more information, you can contact the Benjamin Goldman Law Office.

Benjamin Goldman Law Office – Railroad Crossing Ticket Lawyer

The Benjamin Goldman Law Office is a New York State law firm that exclusively practices Traffic Law. We are mainly based out of Woodmere and have experience fighting 1176 tickets on Long Island. We will be glad to take on your ticket.

The Benjamin Goldman Law Office opened in 2011 and since then has expanded to provide legal services across New York State. Our firm helps motorists in all the state regions, including North Country, Capital District, Mohawk Valley, Finger Lakes, Central New York, Western New York, Southern Tier, Catskill Mountains, Hudson Valley, Upstate New York, and New York City. Attorneys at our firm are experienced in Traffic Law, and our team welcomes new cases, whether easy or difficult. The Benjamin Goldman Law Office provides all motorists with a free consultation. We can be reached by website submission, text message, email, or phone call. Our team looks forward to working with you on your case.

Fight a VTL § 1176 Ticket