VTL § 1171(d), “CMV Driver Failed to Check Street-Railway Grade Crossing Within a Business or Residence District.”

New York State Vehicle and Traffic Law (VTL) § 1171(d) requires that drivers of commercial vehicles check street-railway grade crossings within business or residential districts. Essentially, drivers of commercial vehicles must exercise awareness and extra caution at these crossings to ensure that it is safe to proceed. This may involve slowing down, looking for approaching trains, and ensuring there is no obstruction before crossing the railroad tracks.

The failure to do as much may result in a traffic ticket citing the aforementioned violation. The maximum fine for a first-time offense is $150 +$93 surcharge. More importantly, a conviction of this traffic violation will result in the imposition of five points on your New York driving record. This will also appear on your CDL record and may result in the loss of CDL privileges.

Statute

The wording of VTL § 1171(d) provides:

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.

Fighting a Traffic Ticket

It is imperative that the recipient of this traffic ticket take the necessary legal steps to ensure that the violation does not appear on their driving record. This would save the motorist from increased insurance premiums, loss of driving privileges, and allow the motorist to continue obtaining employment as a CDL driver.

Retaining an attorney to fight your ticket has several advantages. A traffic ticket lawyer is well versed in traffic law, court procedures, and possible defenses. Thus, they are in the best position to beat the charges. Your attorney can also make any necessary court appearances in your place, saving you the time and allowing you to avoid the stress of appearing in court.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. Our firm focuses almost entirely on traffic ticket defense. We opened in 2011 in Monticello, and since then have expanded to offering our services state-wide. The Benjamin Goldman Law Office now helps clients in all areas of New York State. We help motorists in the following regions: Western New York, Finger Lakes, Southern Tier, Central New York, Mohawk Valley, Hudson Valley, Capital District, Catskills, North County, and Upstate New York. The Benjamin Goldman Law Office also helps motorists on Long Island and New York City. Our firm has substantial experience in traffic law and all types of traffic-related charges. We are confident that we can help with your 1171(d) ticket. Please reach out to us at your convenience and we can discuss your case in detail. Our firm provides all motorists with a complimentary consultation. We can be reached by phone call, email, text message, or website submission. Our team looks forward to working on your ticket.

Fight a VTL § 1171(d) Ticket