AB150-ASA1-AA4,42,2320
195.03
(17) Private tracks. The
office department shall have control of private
21railroad tracks insofar as the same are used by common carriers for the
22transportation of freight, in all respects the same as though such tracks were part
23of a public railroad.
AB150-ASA1-AA4,43,3
1195.03
(18) Safety devices. The
office department may make reasonable rules,
2regulations, specifications and standards for the installation, operation and
3maintenance of all safety devices and measures.
AB150-ASA1-AA4,43,65
195.03
(19) Railroad structures. The
office department may order the repair
6or reconstruction of any inadequate or unsafe railroad track or structure.
AB150-ASA1-AA4,43,108
195.03
(25) Distribution of orders. The
office department shall upon
9application furnish certified copies, under its seal, of any order made by it, which
10shall be prima facie evidence of the facts stated therein.
AB150-ASA1-AA4,43,1412
195.03
(28) Title. The
office department may sue and be sued in that name,
13and may confer with or participate in any proceedings before any regulatory agency
14of any other state or of the federal government.
AB150-ASA1-AA4,43,2016
195.03
(29) Train privileges. The employes authorized by the
office 17department to perform railroad inspection duties may, in the performance of such
18duties, ride in and upon any engine, car or train of any class, of any railroad, upon
19payment of the lawful passenger fare, but such railroad shall not thereby be deemed
20to become a common carrier of passengers other than on passenger cars.
AB150-ASA1-AA4,44,139
195.07
(2) Attorney general and district attorney to prosecute. Upon
10request of the
office department, the attorney general or the district attorney of the
11proper county shall aid in any investigation, hearing or trial had under, and shall
12institute and prosecute all necessary actions or proceedings for the enforcement of,
13laws relating to railroads.
AB150-ASA1-AA4,45,11
1195.19
(1) Passenger. Every railroad shall provide and maintain adequate
2passenger depots equipped with proper toilet facilities at its regular stations for the
3accommodation of passengers, and said depots shall be kept clean, well-lighted and
4warmed, for the comfort and accommodation of the traveling public, and shall be kept
5open continuously from not less than 20 minutes before any train carrying
6passengers is scheduled to arrive and until such train has departed and for such
7longer period in any case as the
office department may determine is necessary for the
8convenience and accommodation of the public. Where the
office department 9determines that the service of certain trains in making stops on signals is in excess
10of reasonably adequate service, the provisions of this section shall not apply in
11connection with the rendition of such service.
AB150-ASA1-AA4,45,2513
195.19
(3) Union depot. In every city or village or town in which 2 or more
14railroads maintain passenger depots, it shall be the duty of such railroads to
15construct, maintain and use an adequate union passenger depot, whenever practical
16and required by public convenience and necessity. If, after investigation, the
office 17department shall determine that it is practicable and that public convenience and
18necessity required the construction, maintenance and use of a union passenger depot
19in any such city or village or town the
office department may order such railroads to
20construct, maintain and use an adequate union passenger depot, and shall in such
21order fix the location of such depot. If the railroads shall be unable to agree upon an
22apportionment of the original cost of such union passenger depot, and the expense
23of maintaining the same, within 20 days after the service of such order, the
office 24department may, after a hearing, issue a supplemental order declaring the
25apportionment of such original cost and the expense of maintaining such depot.
AB150-ASA1-AA4,46,11
2195.20 Joint use of railroad property. Whenever, upon complaint and after
3hearing had, the
office department finds that
public convenience and necessity
4require the use by one or more railroads of the tracks, wires, poles, rights-of-way,
5switches, bridges or other property belonging to another railroad over or on any
6street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
7railroads have a right to operate,
and that such use will not prevent the owners or
8other users thereof from performing their public duties, nor result in irreparable
9injury to such owners or other users thereof, the
office department may, by order,
10direct that such use be permitted, and prescribe a reasonable compensation and
11reasonable terms and conditions for such joint use.
AB150-ASA1-AA4,47,3
13195.21 Warehouses. Any person proposing to erect or maintain a public
14elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
15grain, or other personal property, to be received from or transported upon any
16railroad, shall be furnished by such railroad at a reasonable rental, a site upon its
17right-of-way or depot grounds, within the yard limits of any station or terminal of
18such railroad; and any private elevator or warehouse situated upon such grounds
19may be converted into a public elevator or warehouse at the option of the owner, upon
20notice in writing to the railroad and thereby be permitted to remain thereon under
21the same conditions as provided herein for a public elevator or warehouse; and the
22office department shall, upon application by such owner, if the public interest so
23requires, by order, direct the railroad to furnish such site and the
office department 24shall make reasonable regulations therefor and in case of disagreement, the
office 25department shall determine the rental therefor. Elevators and warehouses erected
1or maintained under the foregoing provisions of this section shall be subject to such
2rules and regulations as to charges and the manner of conducting business as the
3office department shall prescribe.
AB150-ASA1-AA4,47,11
5195.26 Safety devices; block system. Every railroad shall adopt reasonably
6adequate safety measures and install, operate and maintain reasonably adequate
7safety devices for the protection of life and property. If after investigation the
office 8department shall determine that public safety requires it, the
office department may
9order the railroad to install, operate and maintain a block system or other safety
10device or measure as may be necessary to render the operation of such railroad
11reasonably safe.
AB150-ASA1-AA4,47,20
13195.27 Safe tracks and bridges. Every railroad shall construct and
14maintain its tracks, bridges and line structures in a reasonably adequate and safe
15manner.
The office may direct the department to investigate complaints in the
16manner provided by s. 195.04. If, upon
complaint or upon its own motion and after 17hearing
, the office the department determines that the track or structures of any
18railroad are inadequate or unsafe for the operation of its railroad, the office shall
19order the railroad to reconstruct or repair the inadequate or unsafe track or
20structures.
AB150-ASA1-AA4,48,2422
195.28
(1) (title)
Petition; hearing; order. Upon petition of
the department,
23city a city council, village board, town board, superintendent of highways or by 5 or
24more electors in any town, village or city, or of any railroad corporation or railroad
25historical society, to determine whether a public highway and railroad grade crossing
1protects and promotes public safety,
or upon its own motion, the
office department 2may investigate and issue an appropriate order without a public hearing.
The
3department shall issue its order on the basis of investigation and criteria
4promulgated by rule with respect to the adequacy of grade crossing protection. The
5rule may include programming criteria relating to the priority of grade crossings in
6need of protection. If the petitioner, railroad, railroad historical society or any
7interested party objects to the order
and requests a hearing within 20 days after the
8date that the order is issued, the
office department shall
proceed under s. 195.04 refer
9the order to the division of hearings and appeals for review as provided in s. 195.325.
10Notice of
an investigation or hearing the review shall be served upon the department
,
11which shall be an interested party, and any recommendation it may file with the
12office at or prior to a hearing, if there is one, regarding crossing protection shall be
13considered as evidence in the proceeding. The
office department or division of
14hearings and appeals shall determine whether the existing warning devices at such
15crossing are adequate to protect and promote public safety. If the
office department
16or division of hearings and appeals determines
, either without or after a hearing, 17that protection is not adequate, it may order the railroad company or railroad
18historical society to keep a flagman at the crossing or to install automatic signals or
19other suitable safety device at specific locations at such crossing. The
office 20department or division of hearings and appeals may order the relocation of existing
21signals and devices to improve protection at a crossing. Any crossing protection
22installed or maintained as approved by the
office
department or division of hearings
23and appeals, whether by order or otherwise, shall be deemed adequate and
24appropriate protection for the crossing.
AB150-ASA1-AA4,49,12
1195.28
(3) Maintenance costs. Except as otherwise provided in this
2subsection, the cost of maintaining crossing protection devices ordered under sub. (1)
3shall be the responsibility of the railroad or railroad historical society. Any railroad
4company or railroad historical society that incurs expenses for maintenance of
5signals or other safety devices may file a claim for reimbursement with the
6department regardless of the date of installation of the signals or devices. At the
7close of each fiscal year the department shall reimburse claimants under this
8subsection for 50% of the costs, as determined by the
office department, incurred for
9maintenance of railroad crossing protection devices from the appropriation under s.
1020.395 (2) (gq). If the amount in the appropriation under s. 20.395 (2) (gq) is not
11adequate to fund maintenance reimbursement under this subsection, the amount
12shall be prorated in the manner determined by the
office department.
AB150-ASA1-AA4,49,1614
195.28
(4) (title)
Previous office orders. Subsection (3) applies to
15maintenance costs for all crossing protection devices regardless of any prior order
of
16the office apportioning maintenance costs.
AB150-ASA1-AA4,50,918
195.285
(1) Upon If, upon its own motion or upon the petition of a railroad
19corporation
, the department, or the governing body of any city, village, town or
20county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing
21is hazardous to human life, the
office shall hold a hearing on the matter as provided
22under s. 195.04. Notice of petition shall be served upon the department, which shall
23be an interested party, and any recommendations it may file with the office regarding
24the hazardous effect of vehicles stopping at such crossings shall be considered as
25evidence in the proceedings. Upon the recommendation of the department and
1concurrence by the office, the petition may be dismissed without holding a hearing.
2If, upon the public hearing, the office department determines that it would be in the
3public interest to exempt vehicles specified in s. 346.45 from stopping at such grade
4crossing, it may order the public body having jurisdiction over the highway to erect
5signs, signals, markings or other devices exempting such vehicles from stopping at
6the crossing
, without a hearing. If a petitioner or interested party objects to an order
7under this subsection within 20 days after the date that the order is issued, the
8department shall refer the order to the division of hearings and appeals for review
9as provided in s. 195.325.
AB150-ASA1-AA4,50,1411
195.285
(2) Signs placed upon the order of the
office department or the division
12of hearings and appeals under this section shall exempt vehicles from stopping as
13required under s. 346.45, unless a train or engine is occupying or approaching the
14crossing.
AB150-ASA1-AA4,50,2016
195.285
(3) The department shall establish standards for the type of signs,
17signals, markings or other devices for exempting vehicles from stopping as required
18under s. 346.45 and their location in relation to the highway and railroad track. The
19office department may upon petition or its own motion, with or without a hearing,
20order the removal of a sign exempting vehicles from stopping at a crossing.
AB150-ASA1-AA4,51,222
195.286
(2) Description and location. The signs shall be constructed, erected
23and located as specified by the manual adopted by the department under s. 84.02 (4)
24(e). This subsection does not apply to any sign complying with s. 195.286 (2) and (3),
11993 stats., on the effective date of this subsection .... [revisor inserts date], until such
2time as the sign is replaced or relocated.
AB150-ASA1-AA4,51,85
195.286
(5) Other signs prohibited. No other sign of the general size or
6appearance of the signs provided for in this section shall be placed or permitted upon
7any highway
, nor any sign between such advance signs except signs or signals now
8required by law or permitted by the office for protection at railway crossings.
AB150-ASA1-AA4,51,1310
195.286
(8) Prosecutions. The district attorney shall prosecute any person
11violating this section, or begin and maintain any civil action necessary for its
12enforcement upon the demand of any county highway commissioner
, or the
13department
, or the office.
AB150-ASA1-AA4,52,1815
195.29
(1) (title)
Petition, hearing, Public safety; order. Upon If, upon its own
16initiative or upon petition by the common council or board of any city, village, town
17or county within or bordering upon which a highway or street crosses a railroad, or
18a highway or street is proposed to be laid out across a railroad, or a public highway
19bridge across a railroad is required to connect existing streets or highways, or upon
20petition by any railroad whose track crosses or is about to cross, or is crossed or about
21to be crossed by a street or highway, or
upon petition by the department, in cases
22where provision has been made for the improvement of the highway adjacent to such
23crossing under any state aid or federal aid law,
the department determines that
24public safety requires an alteration in such crossing, its approaches, the method of
25crossing, the location of the highway or crossing, or the closing of the crossing, and
1the substitution of another therefor at grade or not at grade, or the removal of
2obstructions to the view at such crossing, the relocation of the highway, or requires
3the determination of the manner of making such new crossing, or of making the
4proposed improvement or promoting the public safety or public convenience through
5any other reasonable method,
and praying that the same may be ordered, the office
6shall give notice to the parties in interest and proceed to investigate the same and
7to order a hearing thereon in the manner provided by s. 195.04. The office shall
8determine the department may issue an appropriate order without a public hearing.
9The department shall make its determination on the basis of investigation and the
10criteria relating to the requirements of public safety promulgated under sub. (9). The
11order shall state what, if anything, shall be done to promote the public safety and the
12means by which it shall be accomplished, whether by the relocation of the highway,
13the alteration in such crossing, approaches, mode of crossing, location of highway
14crossing, closing of highway crossing, with or without the substitution of another
15therefor, the construction of a public highway bridge, the removal of obstructions to
16sight at crossing, or by the use of other reasonable methods, and by whom the same
17shall be made, and in case of new crossings the advisability of allowing such crossings
18to be established and manner of making them.
AB150-ASA1-AA4,53,320
195.29
(2) Apportionment of expense. The
office department shall fix the
21proportion of the cost and expense of alterations, removals and new crossings, or any
22other work ordered, including the damages to any person whose land is taken, and
23the special damages which the owner of any land adjoining the public street or
24highway shall sustain by reason of a change in the grade of such street or highway,
25or by reason of the removal of obstructions to view at such crossings, to be paid or
1borne by the railroad companies and the municipalities in interest. In fixing such
2proportion, the
office department may order such cost and expense so apportioned
3to be paid by the parties against which the apportionment shall be made.
AB150-ASA1-AA4,53,165
195.29
(3) Restoration of spur tracks. Whenever the
office department shall
6have ordered a separation of the grade of a railway from the grade of a street or
7highway, it may, if safe and practicable and if a necessity exists therefor, order the
8alteration, restoration and connection of any track serving an industry. Demand for
9such restoration shall be in writing and filed with the
office department within 90
10days after the date of the order for the separation of grades, and any such track for
11which no such demand shall have been made shall be deemed abandoned. If the
12office department shall order the alteration, restoration and connection of any such
13track, it shall by its order apportion the cost thereof between the owner of the
14industry served and the railway company, in such proportion as to the
office 15department may seem just and equitable; and the
office department shall in its order
16prescribe the terms and conditions for securing the payment of such cost.
AB150-ASA1-AA4,54,1818
195.29
(4) Grade separation in Milwaukee county. The
office department may
19upon petition of any town, city or village, or upon its own motion, when the interests
20of the public demand it and it is found practicable so to do, establish the grade of the
21tracks of any railroad, or of all the railroads throughout any county having a
22population of 500,000 or more, or any part thereof, and the grades of the streets or
23highways, or any of them, where they cross such railroad track or tracks, in
24anticipation of the future separation of grades of the railroad tracks from the grades
25of such streets or highways. The
office department, before making any such order,
1shall mail notice to the railroad company or companies affected, the owners or
2occupants of any building abutting on that part of the railroad the grade of which is
3to be established, all 1st class cities in the county, and if the grades to be established
4are outside the 1st class city, the towns, cities or villages in which such grades are
5to be established, of the filing of such petition or that the
office department 6contemplates establishing such grades, and fixing a time at which the 1st class cities
7and such other towns, cities or villages and the railroad company or companies
8affected thereby and any other person or corporation interested therein may be
9heard. The grades so established under this subsection shall be described by
10reference to a base or datum line to be established by the
office department, from
11which all elevations and the height of all grades shall be measured, and the grades
12so established shall be such that when brought to the established grade the railroad
13tracks will cross the streets and highways above or below the same. Such order shall
14not necessarily require a present change in grade but the
office department may at
15any time order the railroad track or tracks and the street and highways brought to
16the grade established or any street or highways closed by the order, in accordance
17with sub. (1), and may, at the time of making the order, apportion the cost of
18separating the grades as provided in sub. (2).
AB150-ASA1-AA4,55,1420
195.29
(5) Elimination of grade crossings, costs. Upon If, upon its own
21initiative or upon petition of the
department, or of the common council or board of
22any city, village, town or county, alleging that one or more of them have undertaken
23or propose to undertake to relocate or improve an existing highway or to construct
24a new highway in such manner as to eliminate a highway grade crossing with any
25railroad or so as to permanently divert a material portion of the highway traffic from
1a highway grade crossing with any railroad, the
office shall issue notice of
2investigation and hearing, as provided in s. 195.04. If upon such hearing the office 3department finds that the public safety will be promoted by the highway relocation,
4improvement or new construction, the
office department shall order the old crossings
5closed and new crossings opened as are deemed necessary for public safety.
The
6department may issue an appropriate order without a public hearing. The order
7shall require the railroad company or companies to pay to the interested
8municipality or municipalities such sum as the
office
department finds to be an
9equitable portion of the cost of the highway relocation, improvement or new
10construction, if the work is performed by the municipalities; or to the
state treasurer 11secretary of administration if the work is performed by the state; or to the proper
12county treasurer if the work is performed by the county. The sum shall be added to
13the joint fund available for the improvement and may be expended in like manner
14as the other portions of the fund.
AB150-ASA1-AA4,56,1516
195.29
(6) View at crossings; trees and brush near crossings; forfeiture.
17Every railroad shall keep its right-of-way clear of brush or trees for a distance of not
18less than 330 feet in each direction from the center of its intersection at grade with
19any public highway, and for such further distance as is necessary to provide an
20adequate view of approaching trains, from the highway. Every municipality shall
21keep the public highways within its jurisdiction clear of brush and shall adequately
22trim all trees within 330 feet of the center of any railroad highway grade crossing.
23Every person or corporation owning or occupying any land adjacent to any railroad
24highway grade crossing shall keep all brush cut and adequately trim all trees on the
25land within the triangles bounded on 2 sides by the railway and the highway, and on
1the 3rd side by a line connecting points on the center lines of the railway and the
2highway, 330 feet from the intersection of the center lines. The
office department,
3upon its own motion, or upon any complaint to the effect that any work required by
4this subsection has not been performed, after due notice and hearing, may order the
5corporation, municipality or person at fault to perform the work; provided, however,
6that if the physical conditions at any crossing are such that the performance of the
7required work will not materially improve the view for highway traffic, or, if
8unreasonable loss would be caused thereby, the
office
department may excuse the
9party in interest from performing the same. The
office department may also order
10the cutting of brush and the trimming of trees at private farm crossings as may be
11necessary and reasonable. If any person shall violate any provision of this section,
12or shall fail, neglect or refuse to obey any order made by the
office department or the
13division of hearings and appeals under this section, or any judgment or decree made
14by any court upon such an order, for every such violation, failure or refusal such
15person shall forfeit not less than $25 nor more than $150.
AB150-ASA1-AA4,56,2017
195.29
(7) Structure requirements. Whenever the
office department shall
18order the construction or reconstruction of a crossing not at grade, it may direct that
19the structure required shall be of such character and constructed of such materials
20as it shall deem appropriate to the situation and necessary for the public interest.
AB150-ASA1-AA4,56,2522
195.29
(9) Rules. The department shall promulgate a rule establishing criteria
23for determining the requirements of public safety with respect to railroad highway
24crossings under this section. The rule shall include criteria for apportioning
25expenses under this section.
AB150-ASA1-AA4,57,52
195.29
(10) Review of department orders. If a petitioner, railroad or any
3interested party objects to an order under this section within 20 days after the date
4that the order is issued, the department shall refer the order to the division of
5hearings and appeals for review as provided in s. 195.325.
