Office; powers and duties, general enumeration.
Complaints, investigation, hearings, notice.
Separate rate hearings; absence of direct damage.
Procedure after summary investigation.
Witness fees and mileage.
Transcripts as evidence.
Office; rates, regulations, service, procedure.
Office orders prima facie lawful.
Railroad rates, schedules, service.
Preference by carriers prohibited.
Rebates and concessions, unlawful to accept.
Free transportation; reduced rates, passes, limitations.
Transportation contracts, filed.
Interstate rate investigation, petition for relief, tariffs filed.
Depots; relocation of facilities.
Joint use of railroad property.
Car supply and freight delivery.
Interchange of traffic.
Medical supplies on trains.
Safety devices; block system.
Safe tracks and bridges.
Protecting grade crossings.
Exempt railroad crossings.
Highway crossings, advance warning signs.
Railroad highway crossings.
Railroad crossings; grade separation, safety devices.
Railroad crossings; grade; expense.
Snowmobile rail crossings.
Bridges made safe.
Safety gates on drawbridges.
Railroad costs; balance sheet, wages, hours; report.
Reports of accidents, investigation.
General penalty upon railroads.
Freight charges; collection, refund.
Freight bills; examination; refunds.
Common carriers of passengers or property by water; certificate required.
Information, papers and accounting.
Payment of office expenses by railroads.
Ch. 195 Cross-reference
See also RR
, Wis. adm. code.
In this chapter:
"Department" means the department of transportation.
"Office" means the office of the commissioner of railroads.
"Railroad historical society" means a nonprofit historical society that operates railroad locomotives and rolling stock on railroad tracks for the purpose of historic preservation and is not a common carrier.
Definitions, scope of chapter, application of statute. 195.02(1)(1)
In this chapter, unless a different meaning is manifest: "Railroad" means and embraces all corporations, companies, individuals, associations, their lessees, trustees or receivers that own, operate, manage or control any railroad or part of a railroad as a common carrier in this state, or cars, or other equipment used thereon, or bridges, terminals or sidetracks, used in connection therewith, whether owned by such railroad or otherwise.
This chapter applies to the transportation of passengers and property between points within this state, and to the receiving, switching, delivering, storing and handling of such property, and to all charges connected therewith, and applies to all common carriers engaged in the transportation of passengers or property wholly by rail or partly by rail and partly by water, and to all common carriers of property wholly by water which operate between fixed end points, but shall not apply to transportation of property by water under contract as a private carrier.
This chapter shall not apply to private railroads that are not common carriers.
"Railroad" also means and embraces common carriers of property by water which operate between fixed end points, and all of the duties required of, and penalties imposed upon, any railroad or any agent or officer thereof shall, insofar as the same are applicable, be required of, and imposed upon, such common carriers of property by water.
See also RR
, Wis. adm. code.
Office; powers and duties, general enumeration. 195.03(1)(1)
The office may take testimony and administer oaths and may promulgate rules to govern its proceedings and to regulate the mode and manner of all hearings. All hearings shall be open to the public.
(2) Office initiative.
In any matter within its jurisdiction under ch. 192
or this chapter, the office may initiate, investigate and order a hearing at its discretion upon such notice as it considers proper.
(7) Study carrier business, demand information.
The office may inquire into the management of the business of all railroads, and shall keep itself informed as to the manner in which the same is conducted, and may obtain from any railroad all necessary information to enable the office to perform the duties and carry out the objects for which it is responsible.
(8) Questionnaires, answers compulsory.
The office shall prepare forms for the purpose of obtaining the information which it may deem necessary or useful to the proper exercise of its functions, which shall conform as nearly as practicable to the forms prescribed by the interstate commerce commission, and shall furnish the forms to railroads, and every railroad receiving the forms shall cause the forms to be properly completed and verified under oath by its proper officer and returned to the office within the time fixed by the office.
(9) Examine books and files of carriers.
The commissioner of railroads or any person employed by the office for that purpose shall, upon demand, have the right to inspect the books and papers of any railroad and to examine under oath any officer, agent or employee of such railroad in relation to its business and affairs; provided that any person other that the commissioner of railroads who makes such demand shall produce his or her authority under the hand and seal of the office.
(10) Production of records and files kept out of state.
The office may, by an order or subpoena to be served in the manner that a circuit court summons is served, require the production within this state, at such time and place as it may designate, of any books, papers or accounts kept by any railroad without the state, or verified copies in lieu thereof, if the office shall so order.
(11) Uniform system of accounting.
The office may prescribe a uniform system of keeping and rendering accounts of all railroad business transacted in this state, and the time within which railroads shall adopt such system; provided that all forms of accounts which may be prescribed by the office shall conform as nearly as practicable to similar forms prescribed by federal authority.
(12) Time for filing rate tariffs.
The office shall fix the time for filing railroad schedules relative to the transportation of passengers and property and of any service in connection therewith.
(13) Schedule forms.
The office may prescribe the forms for railroad schedules.
(14) Passes to shippers.
The office may prescribe regulations for free transportation of attendants upon shipments of livestock.
(15) Elevators and warehouses.
The office may prescribe rules and regulations covering the charges and manner of conducting the business of public elevators and warehouses upon railroad ground.
(16) Car service.
The office may make reasonable regulations for furnishing cars to shippers, and for moving, loading and unloading cars and for weighing cars and freight, and to test railroad weights and scales used in weighing freight or cars.
(17) Private tracks.
The office shall have control of private railroad tracks insofar as the same are used by common carriers for the transportation of freight, in all respects the same as though such tracks were part of a public railroad.
(18) Safety devices.
The office may make reasonable rules, regulations, specifications and standards for the installation, operation and maintenance of all safety devices and measures.
(19) Railroad structures.
The office may order the repair or reconstruction of any inadequate or unsafe railroad track or structure.
(25) Distribution of orders.
The office shall upon application furnish certified copies, under its seal, of any order made by it, which shall be prima facie evidence of the facts stated therein.
The office may sue and be sued in that name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.
(29) Train privileges.
The employees authorized by the office to perform railroad inspection duties may, in the performance of such duties, ride in and upon any engine, car or train of any class, of any railroad, upon payment of the lawful passenger fare, but such railroad shall not thereby be deemed to become a common carrier of passengers other than on passenger cars.
The office shall give the department of natural resources the office's opinion on whether the snowmobile crossing should be closed or removed in testimony at the hearing under s. 350.1395 (2) (b) 2.
or in a written report for introduction into the hearing record.
Complaints, investigation, hearings, notice.