AB846: Bill Text

2003 - 2004 LEGISLATURE

2003 Assembly BILL 846

February 16, 2004 - Introduced by Representatives Ainsworth, Owens, Hahn, Ott, Petrowski, Krawczyk, Gronemus, Albers, Musser, Van Roy and Gunderson, cosponsored by Senators Cowles, Roessler, A. Lasee and Schultz. Referred to Committee on Transportation.

AB846,1,6 An Act to repeal 195.282; to renumber and amend 192.29 (5); to amend 20.395 (2) (gr), 20.395 (2) (gx), 192.29 (5) (title), 192.29 (5) (b) and 195.286 (5); to repeal and recreate 20.395 (2) (gr) and 20.395 (2) (gx); and to create 192.29 (5) (b), 195.282 and 346.44 (1) (c) of the statutes; relating to: traffic regulations and traffic control devices at railroad crossings, making appropriations, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, the operator of a vehicle:

1. May not drive the vehicle on or across a railroad crossing while being signaled to stop by a traffic officer, railroad employee, or warning device. After stopping for a warning device, however, the operator may proceed if no train is approaching.

2. May not drive the vehicle through, around, or under any railroad crossing gate or barrier if it is closed or is being opened or closed.

3. Must, when approaching an official stop sign at a railroad crossing, stop the vehicle at least ten feet but not more than 30 feet from the nearest rail before proceeding on or over the railroad crossing.

An operator who fails to comply with Item 1. or 2., above, may be required to forfeit not more than $1,000, except that a bicyclist may be required to forfeit not more than $40. An operator who fails to comply with Item 3., above, may be required to forfeit not less than $40 nor more than $80 or, for a second or subsequent violation within a year, not less than $100 nor more than $200, except that a bicyclist may be required to forfeit not more than $40.

This bill prohibits the operator of a vehicle from driving the vehicle on or across a railroad crossing that is posted with a yield sign if any train occupies the crossing or approaches so closely to the crossing as to constitute a hazard of collision. An operator who fails to comply with this prohibition is subject to the same forfeiture that applies to a violation of Item 1. and 2., above.

Current law requires railroad companies to maintain "Railroad Crossing" signs on each side of the tracks wherever their tracks cross public highways or streets. Current law also permits the Office of the Commissioner of Railroads (OCR), upon petition of the Department of Transportation (DOT), a local authority, or other interested party, to issue an order requiring the installation of certain railroad crossing improvements (automatic signals or other warning devices to improve safety). DOT pays for the cost of installing the signals or other warning devices and the railroad companies pay for the cost of maintaining the signals or other warning devices, subject to available reimbursement from DOT of up to 50 percent of the annual maintenance costs.

This bill modernizes terms used to refer to the "Railroad Crossing" sign, commonly known as a crossbuck sign, and requires that such signs required to be maintained by railroad companies conform with the Manual on Uniform Traffic Control Devices (MUTCD) adopted by DOT. The bill also requires railroad companies to install and maintain a yield sign below the crossbuck sign at any crossing at which the railroad is required to maintain a crossbuck sign and that is not controlled by a gate, automatic signal, or stop sign. DOT must provide to railroad companies one yield sign for each location at which a yield sign is required to be installed or, in lieu of providing the signs, provide reimbursement to the railroad companies for the cost incurred in obtaining the signs from another source. The railroad companies are responsible for the installation, maintenance, and replacement, and all costs associated therewith, of the yield signs. If there are insufficient funds for DOT to pay for all signs or to provide all reimbursement, DOT must prorate among the railroad companies the number of signs, and the amount of reimbursement, to be provided. DOT may not provide to any railroad company more than one yield sign, or reimbursement for more than one yield sign, for each location at which a yield sign is required. To obtain a yield sign without charge from DOT, or to obtain reimbursement for a yield sign obtained elsewhere, a railroad company must request the yield sign or reimbursement within approximately one year after the effective date of these provisions.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB846, s. 1 Section 1. 20.395 (2) (gr) of the statutes is amended to read:

AB846,3,6 20.395 (2) (gr) Railroad crossing improvement and protection installation, state funds. As a continuing appropriation, the amounts in the schedule to pay the costs for railroad crossing protection improvements under s. 195.28 (2) and, for the installation of railroad crossing gates under 1999 Wisconsin Act 9, section 9150 (9g), and for railroad crossing yield signs under s. 195.282.

AB846, s. 2 Section 2 . 20.395 (2) (gr) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB846,3,12 20.395 (2) (gr) Railroad crossing improvement and protection installation, state funds. As a continuing appropriation, the amounts in the schedule to pay the costs for railroad crossing protection improvements under s. 195.28 (2) and for the installation of railroad crossing gates under 1999 Wisconsin Act 9, section 9150 (9g).

AB846, s. 3 Section 3. 20.395 (2) (gx) of the statutes is amended to read:

AB846,3,18 20.395 (2) (gx) Railroad crossing improvement, federal funds. All moneys received from the federal government for the purposes of railroad crossing protection under s. 195.28 and, for the purposes of railroad crossing gates under 1999 Wisconsin Act 9, section 9150 (9g), and for the purposes of railroad crossing yield signs under s. 195.282, for such purposes.

AB846, s. 4 Section 4 . 20.395 (2) (gx) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB846,3,24 20.395 (2) (gx) Railroad crossing improvement, federal funds. All moneys received from the federal government for the purposes of railroad crossing protection under s. 195.28 and for the purposes of railroad crossing gates under 1999 Wisconsin Act 9, section 9150 (9g), for such purposes.

AB846, s. 5 Section 5. 192.29 (5) (title) of the statutes is amended to read:

AB846,4,1 192.29 (5) (title) Danger Railroad crossing and yield signs.

AB846, s. 6 Section 6. 192.29 (5) of the statutes is renumbered 192.295 (5) (a) and amended to read:

AB846,4,10 192.295 (5) (a) Wherever its track crosses a public highway or street, every railroad corporation shall maintain on each side of the track and near such crossing a large signboard with the following inscription, painted in large letters: "Railroad Crossing," in such manner as to be visible to approaching traffic on the highway or street at least 100 feet distant a highway-rail-grade crossing sign, commonly known as a crossbuck sign, that conforms with the Manual on Uniform Traffic Control Devices adopted by the department under s. 84.02 (4) (e).

AB846, s. 7 Section 7. 192.29 (5) (b) of the statutes is created to read:

AB846,4,17 192.29 (5) (b) Subject to s. 195.282, at every railroad crossing at which a railroad corporation is required to maintain a sign described in par. (a) and that is not controlled by a gate, automatic signal, or official stop sign, the railroad corporation shall install and maintain, below the sign described in par. (a), a yield sign that conforms with the manual of uniform traffic control devices adopted by the department under s. 84.02 (4) (e).

AB846, s. 8 Section 8 . 192.29 (5) (b) of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

AB846,4,25 192.29 (5) (b) Subject to s. 195.282, at At every railroad crossing at which a railroad corporation is required to maintain a sign described in par. (a) and that is not controlled by a gate, automatic signal, or official stop sign, the railroad corporation shall install and maintain, below the sign described in par. (a), a yield sign that conforms with the manual of uniform traffic control devices adopted by the department under s. 84.02 (4) (e).

AB846, s. 9 Section 9. 195.282 of the statutes is created to read:

AB846,5,14 195.282 Yield signs for grade crossings. (1) The department shall, upon request, provide to each railroad company one yield sign for each location at which a yield sign is required to be installed by the railroad company under s. 192.29 (5) (b) or, in lieu of providing such a sign, the department shall reimburse the railroad company for the cost of each such sign obtained by the railroad company from a source other than the department. The cost of the yield signs provided by the department under this section, and all funds expended by the department under this section for reimbursement for yield signs obtained from other sources, shall be paid from the appropriations under s. 20.395 (2) (gr) and (gx). If the amount in the appropriations under s. 20.395 (2) (gr) and (gx) is not adequate to fund the department's expenses under this section, the department shall prorate the number of signs and the amount of reimbursement to be provided to the railroad companies in the manner determined by the department.

AB846,5,23 (2) Every railroad company shall be responsible for the installation, maintenance, and replacement, and all costs associated therewith, of any sign received from or funded by the department under sub. (1). The department may not provide to any railroad company more than one yield sign, or reimbursement for more than one yield sign, for each location at which the railroad company is required to install a yield sign under s. 192.29 (5) (b). The department may not provide to any railroad company a yield sign, or reimbursement for a yield sign, first requested after the first day of the 13th month beginning after the effective date of this subsection ..... [revisor inserts date].

AB846, s. 10 Section 10 . 195.282 of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed.

AB846, s. 11 Section 11. 195.286 (5) of the statutes is amended to read:

AB846,6,5 195.286 (5) Other signs prohibited. No other sign of the general size or appearance of the signs provided for in this section shall be placed or permitted upon any highway, nor any sign between such advance signs except signs or signals now required by law or permitted by the office for protection at railway crossings.

AB846, s. 12 Section 12. 346.44 (1) (c) of the statutes is created to read:

AB846,6,9 346.44 (1) (c) If a yield sign is erected and maintained at the crossing, while any train occupies the crossing or approaches so closely to the crossing as to constitute a hazard of collision.

AB846, s. 13 Section 13. Effective dates. This act takes effect on the day after publication, except as follows:

AB846,6,14 (1) The treatment of sections 20.395 (2) (gr) (by Section 2), 20.395 (2) (gx) (by Section 4), 192.29 (5) (b) (by Section 8 ), and 195.282 (by Section 10 ) of the statutes takes effect on July 1, 2007.

AB846,6,15 (End)