192.18
192.18
Shipment of grain, delivery. Every corporation operating a railroad shall receive all grain offered to it in carload lots for transportation, and shall transport such grain at the rates then in force to the elevator, warehouse or mill to which the same may be directed by the shipper, and deliver the same to the consignee at the place designated for the delivery thereof, if there be any track connecting therewith, over which such corporation shall have the right to run its cars, and such place of delivery be not more than one-half mile from its railroad; and shall make no additional charge for transportation of such grain because of such delivery nor charge for such delivery, except such sum as such corporation shall be actually required to pay for the use of such connecting track for such delivery.
192.255
192.255
Qualifications of conductors and flagmen. 192.255(1)(1) No person shall act or be engaged to act as a conductor on a railroad freight or passenger train in this state without having for at least three years prior thereto served or worked in the capacity of a railroad brakeman.
192.255(2)
(2) No person shall act or be engaged to act as a flagman on a railroad train in this state without having for at least two years prior thereto served or worked as a brakeman on a freight train or passenger train.
192.255(3)
(3) No railroad company by its officers, agents or employes shall knowingly engage or employ any person to act in the capacity of conductor or flagman in violation of the provisions of this section.
192.255(4)
(4) Nothing in this section shall be construed as applying to the running or operating of trains in the case of disability of a conductor or a flagman while out on the road between divisional terminals, or in case of an accident or wreck, or the shifting of cars or making up trains or doing any work appurtenant thereto, by a switchman or yardman in divisional terminals.
192.255(5)
(5) The provisions of this section as to brakeman shall not apply unless there are available at the terminal from which the train is starting brakemen who meet the requirements of this section and who are not assigned to regular runs nor shall the provisions of this section apply to any railroad company within the state nor the receiver or lessee thereof, whose line of railroad is less than thirty miles in length nor shall anything herein contained relieve any railroad company from the negligence of any of its employes.
192.255(6)
(6) Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and shall upon conviction be punished by a fine of not more than one hundred dollars nor less than twenty-five dollars or confined in the county jail not exceeding ninety days, or by both such fine and imprisonment in the discretion of the court.
192.255 Annotation
This section is preempted by federal law. State v. Wisconsin Central, 200 W (2d) 450, 546 NW (2d) 206 (Ct. App. 1996).
192.266
192.266
Lights on track motor cars. It shall be unlawful after July 1, 1950, for any person, firm or corporation operating or controlling any railroad running through or within the state to operate or use in motion any track motor car during the period from 30 minutes after sunset to 30 minutes before sunrise, which is not equipped with an electric headlight either portable or fixed of such construction and with sufficient candlepower to render plainly visible at a distance of not less than 200 feet in advance of such track motor car any track obstruction, landmarks, warning sign or grade crossing and which is not further equipped with a red rear electric light or reflector.
192.267
192.267
Luminous markings on engines and cars. Every railroad engine and railroad box car, flat car, gondola and tank car, which is built or rebuilt in this state, shall have luminous tape or reflectors affixed to each side. The tape shall be at least 2 inches wide and shall form a continuous horizontal strip. The reflectors shall be not less than 2 inches in diameter and shall be placed not more than 6 inches apart in a horizontal line.
192.267 History
History: 1971 c. 318.
192.268
192.268
Windshield, canopy and curtains on track motor cars. It is unlawful after January 1, 1965, for any person operating or controlling any railroad running through or within the state to operate or use in motion any track motor car, without a canopy or top, a windshield and windshield wiper, and each side and the rear enclosed by panels or curtains, removable or fixed, to adequately protect the occupants thereof from the weather. This section shall apply only to track motor cars which operate regularly outside the confines of the railroad yards.
192.27
192.27
Connecting tracks and switching. 192.27(1)
(1) When the track of a railway corporation crosses the track of any other railway corporation at grade, or when their tracks and right-of-way are adjacent, except in counties having a population of at least 150,000, the corporations shall, within 60 days after a written request of the office or the council or board of the city, town or village within which the tracks so cross or are adjacent, make a track connection within such town, city or village to afford reasonable and proper facilities for the interchange of traffic between their respective lines for forwarding and delivering freight, and the expense thereof shall be borne equally by those corporations, unless otherwise ordered by the office.
192.27(2)
(2) Any railroad corporation neglecting or refusing to comply with the provisions of this section shall be liable to a forfeiture of not less than twenty-five dollars nor more than one hundred dollars for each offense, and each day shall constitute a separate offense.
192.27 History
History: 1981 c. 347 s.
80 (1);
1993 a. 16,
123.
192.29
192.29
Train speed at street and highway crossings. 192.29(1)(1)
Setting maximum speed. Upon petition to the office by the governing body of any city or village or by any railroad corporation alleging that any railroad crossing of one or more public highways or streets in the city or village is dangerous to human life and that public safety requires a designation of the maximum speed of a train over such crossing or crossings, or that an order previously made by the office should be modified, the office shall give notice to the parties in interest and order a hearing thereon in the manner provided by
s. 195.04. If after the hearing the office shall determine that the crossing or crossings described in the petition are dangerous to human life, it may by order determine what maximum speed of a train over the crossing is reasonably required by public safety and is consistent with the public need for adequate and expeditious passenger and freight service by railroad, having due regard for other orders entered by the office and to practical railroad operating conditions. Where the office has designated the maximum speed of any train or trains over such crossing or crossings, the rate of speed shall be the lawful maximum speed at which any train affected by the order can be operated over the public highway or street crossing, until changed by subsequent order of the office. Every railroad corporation violating any order entered under this subsection shall for every violation forfeit not less than $10 nor more than $100. The jurisdiction over train speeds hereby vested in the office shall be exclusive, but any order entered by the office hereunder shall be subject to judicial review in the manner provided by
ch. 227.
192.29(2)
(2) Arterial stop signs. In any proceeding under
sub. (1) or under
s. 195.28, the office may by order require that the state or municipality install at any crossing involved in such proceeding an official stop sign.
192.29(3)
(3) Bell to ring, municipal authority. 192.29(3)(a)(a) No railroad train or locomotive shall run over any public traveled grade crossing within any city or village, except where gates are operated, or a flagman is stationed, unless the engine bell shall be rung continuously within twenty rods of and until such crossing shall be reached.
192.29(3)(b)
(b) Flagmen or gates shall be placed and maintained, or such mechanical safety appliances shall be installed upon such public traveled grade crossings in villages and cities as the city or village authorities and the railroad company may by agreement decide; such agreement may include the apportionment of the cost of installation of such mechanical devices.
192.29(4)
(4) Highways, whistle, horn, bell. No railroad train or locomotive shall run over any public traveled grade highway crossing outside of the limits of municipalities unless the whistle or horn shall be blown 1,320 feet from such crossing and the engine bell rung continuously from thence until the crossing be reached. But the office may order that the ringing of the bell or the blowing of the whistle, or horn, or both, as required by this subsection shall be omitted at any crossing.
192.29(5)
(5) Danger signs. 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.
192.292
192.292
Trains obstructing highways. It shall be unlawful to stop any railroad train, locomotive or car upon or across any highway or street crossing, outside of cities, or leave the same standing upon such crossing longer than 10 minutes, except in cases of accident; and any conductor, engineer, brakeman or other person in charge thereof or responsible therefor who shall violate this section shall be liable to a fine of not more than $25 or to imprisonment of not more than 15 days.
192.295
192.295
Wilful neglect of railroad employes. Any officer, agent, conductor, engineer or employe of any railroad company operating within this state who wilfully neglects or omits to ring or cause to be rung the bell on the engine of any train of cars or on an engine alone or to blow the whistle, as required by
s. 192.29 (3) and
(4) shall be imprisoned not more than 6 months or fined not exceeding $100.
192.295 History
History: 1983 a. 501.
192.31
192.31
Telltales over railroads. 192.31(1)
(1) Every railroad corporation shall maintain suitable telltales wherever any overhead structure or any part thereof is less than 23 feet above the top of rail; except that if the office finds that the installation of a telltale at any particular place would be impracticable or would result in an increased hazard to either the public or an employe and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, the office may enter an order providing an exemption from this section. The exemption shall be ordered by the office only after public hearing under
sub. (4).
192.31(2)
(2) The office may determine the materials for and the construction and placing of such telltales.
192.31(3)
(3) After December 31, 1993, no overhead structure shall be constructed or reconstructed, not including ordinary repairs necessary for maintenance, which shall have a vertical clearance of less than 23 feet above the top of rail, except as provided in
sub. (4).
192.31(4)
(4) Upon finding that any such structure will not imperil life or limb, and that the public interest requires or permits such structure to be constructed or reconstructed otherwise than as permitted by
sub. (3), the office may exempt such structure from such provision. Such findings shall be made only upon written application, setting forth fully the grounds therefor and shall be made only after public hearing. The findings and order granting exemption shall be in writing and contain complete provisions and requirements as to the vertical clearance to be maintained in such construction or reconstruction. Such structure shall be constructed or reconstructed only in compliance with such order.
192.31(5)
(5) Prior to July 1, in each year every corporation operating a railroad within the state shall file with the office a verified statement showing the location of every such bridge or other structure over any of its tracks at a height of less than 23 feet above the top of rail, together with a statement showing whether or not the provisions of this section have been fully complied with.
192.31(6)
(6) An employe of a railroad corporation who is injured by or because of the existence of any bridge, or other structure over, above or across any of the tracks of said railroad at a height less than that provided in this section, which has not been protected by telltales, shall not be considered to have assumed the risk of such injury, although the employe continues in the employ of such corporation after the existence of such unguarded structure has been brought to the employe's knowledge.
192.32
192.32
Trespassing on railroad. 192.32(1)
(1) No person, other than a licensee or authorized newspaper reporters or those connected with or employed upon the railroad, shall walk, loiter or be upon or along the track of any railroad. The provisions of this subsection shall not be construed to interfere with the lawful use of a public road or highway by any person, or to prevent any person from driving across any railroad from one part of the person's land to another part thereof, or from walking directly across the tracks or right-of-way of any railroad; or with the use of the right-of-way or track by any person when occasioned by or in connection with, either directly or indirectly, the shipping, loading or unloading of freight, seeking employment, the investigation or securing of evidence with respect to any accident or wreck, or in conducting or transacting any other business for or with said railroad; or with the entry of any employe during or on account of labor disputes by employes.
192.32(2)
(2) Each railroad corporation shall post notices containing substantially the provisions and penalties of this section, in one or more conspicuous places in or about each railroad station.
192.32 History
History: 1993 a. 482,
490.
192.321
192.321
Getting on and off cars. Any person under the age of 17 years who shall get upon, attempt to get upon, cling to, jump or step from any railroad car or train while the same is in motion shall be punished by fine of not more than $20 nor less than $2, provided that this section shall not apply to the employes of any railway or express company.
192.324
192.324
Railroad bridges to be safe for employes. Whenever a complaint is lodged with the office by any person to the effect that a railroad bridge because of its style of construction does not have walks or railings and for that reason is dangerous to the life and limb of railroad employes and the safety of such employes requires the alteration so as to provide for such walks and railings of such bridge, the office shall give notice to the party in interest, other than the complainant, of the filing of the complaint and furnish such party with a copy thereof, and order a hearing thereon, in the manner provided for hearings in
s. 195.31. The office may proceed in a similar manner in the absence of a complaint when, in the opinion of the office, the safety of railroad employes requires the alteration of a railroad bridge. After the hearing, the office shall determine what alteration, if any, of such bridge, shall be made. The expense of such alteration shall be borne by the railroad company.
192.327
192.327
Motor vehicles of railroads used to transport its employes. 192.327(1)(1) As used in this section, unless the context requires otherwise:
192.327(1)(b)
(b) "Motor vehicle" means any vehicle which is self-propelled.
192.327(1)(c)
(c) "Owner" means any person having the lawful use or control of a motor vehicle as holder of the legal title of the motor vehicle or under contract or lease or otherwise.
192.327(1)(d)
(d) "Place of employment" means that location where one or more workers are actually performing the labor incident to their employment.
192.327(1)(e)
(e) "Worker" means an individual employed for any period in any work for which the individual is compensated, whether full or part time.
192.327(2)
(2) Every motor vehicle provided by a railroad company and used to transport one or more workers to and from their places of employment or during the course of their employment shall be operated by a driver who satisfies the minimum standards for drivers established by the department.
192.327(3)
(3) The office shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment or during the course of their employment.
192.327(4)
(4) Before formulating such rules, the office shall conduct hearings under
ch. 227 and invite the participation of interested groups. These groups may make suggestions relating to the minimum standards to be embodied in the rules. The office may consider the suggestions prior to the issuance of any rules.
192.327(5)
(5) The office may amend the rules at any time upon its own motion after due notice to interested parties.
192.327(6)
(6) The office may, in enforcing the rules, inspect any motor vehicle used to transport workers to and from their places of employment or during the course of their employment. Upon request of the office, the department shall direct its traffic officers to assist the office in those inspections.
192.327(7)
(7) Whenever the office finds that a motor vehicle used to transport workers to and from their places of employment or during the course of their employment violates any provision of the rules, the office shall make, enter and serve upon the owner of the motor vehicle such order as may be necessary to protect the safety of workers transported in the motor vehicle.
192.327(8)
(8) Any railroad company wilfully failing to comply with an order issued under
sub. (7), may be fined not to exceed $500.
192.327 History
History: 1977 c. 29 ss.
1299,
1654 (7) (a), (e), (9) (e);
1981 c. 347 s.
80 (1);
1993 a. 16,
123,
482.
192.33
192.33
Fences, cattle guards, crossings. 192.33(1)
(1) Every corporation operating any railroad shall erect and maintain on both sides of its road (depot grounds excepted) sufficient fences with openings or gates or bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands adjoining and shall maintain cattle guards at all highway crossings (outside of municipalities) and connect their fences therewith. This section shall not apply to that part of the road where sidetracks or switch tracks are used in cities of the first class.
192.33(2)
(2) All roads shall be so fenced and such cattle guards be made within one month from the time of commencing to operate the same, so far as operated. Until such fences and cattle guards shall be made, every railroad corporation owning or operating any such road shall be liable for all damages done to domestic animals, or persons thereon, occasioned in any manner, in whole or in part, by the want of such fences or cattle guards; but after such fences and cattle guards shall have been constructed such liability shall not extend to damages occasioned in part by contributory negligence, nor to defects existing without negligence on the part of the corporation or its agents.
192.33(3)
(3) The sufficiency of fences shall be determined according to
ch. 90; but nothing herein shall render any fence insufficient which was a legal or sufficient fence when built.
192.33(4)
(4) No fence shall be required in places where ponds, lakes, watercourses, ditches, hills, embankments or other sufficient protection renders a fence unnecessary to prevent domestic animals from straying upon the right-of-way.
192.33(5)
(5) The maintenance of cattle guards may be omitted by the railroad company with the written consent of the office specifying the particular crossings.
192.33 History
History: 1981 c. 347 s.
80 (1);
1993 a. 16,
123,
490.
192.33 Annotation
Trespasser was not member of class protected by fencing statute. Anderson v. Green Bay & Western Railroad, 99 W (2d) 514, 299 NW (2d) 615 (Ct. App. 1980).
192.33 Annotation
"Farm crossings" are not limited to farms, but are all crossings used by occupants of land rather than highway crossings and entail limited private use for which safeguards are unnecessary. Sixmile Creek Assoc., Inc. v. C. & N.W. Transportation Co., 178 W (2d) 237, 504 NW (2d) 348 (Ct. App. 1993).
192.34
192.34
Fences; complaint of insufficient; hearing; order. Upon complaint by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating such line has failed to construct or keep in good repair such fences as the law requires along its right-of-way opposite to such land, the office shall proceed thereon in the manner provided in
s. 195.04. If it shall appear that the complaint is well founded the office may order and direct the railroad company to repair such fences so that the same shall be sufficient or to construct legal fences.
192.34 History
History: 1981 c. 347 s.
80 (1);
1993 a. 16,
123.
192.35
192.35
Fences; interference with, etc., trespassers on track. Any person who shall wilfully take down, open or remove any railroad fence, cattle guard or crossing or any portion thereof, or allow the same to be taken down, opened or removed, or who, having lawfully taken down bars or opened gates in such fences for the purpose of passing through the same, shall not immediately replace or close the same, shall forfeit not less than ten nor more than fifty dollars, and in addition be liable to the party injured for all damages resulting from such act or omission; and any person who shall ride, lead or drive any horse or other animal upon such a fenced road, or who shall ride, lead or drive any horse or team lengthwise of an unfenced railroad track (other than at the farm crossings or upon depot grounds or where the same is laid along or across a public road or street), without the consent of the party owning or having control of such road shall, for every such offense, forfeit not exceeding ten dollars, to such party, and shall also pay all damages which shall be sustained by the party aggrieved.
192.36
192.36
Fences, occupant of land may build or repair. Whenever a railroad corporation shall fail to build or repair any fence, which the law requires it to erect, the owner or occupant of the land adjoining may, between the first day of April and the first day of October, give notice in writing to such corporation to build, within sixty days or repair within thirty days, such fence, after the service of such notice. Such notice shall describe the land on which such fence is required to be built or repaired, and service thereof may be made by delivering the same to any station agent of said corporation. In case the corporation shall fail to build or repair the fence within the time aforesaid, then such owner or occupant may build or repair the same; and may recover from such corporation the cost thereof with interest at one per cent per month from the time such fence shall have been built or repaired.
192.37
192.37
Fences, farm crossings; railroads to provide. 192.37(1)(1) Whenever any corporation shall operate a railroad through enclosed lands and shall fail to construct the fences, farm crossings or cattle guards required by law, proper for the use of such lands, the owner or occupant thereof may give notice in writing signed by the owner or occupant to such corporation, to be served as a circuit court summons is served, to fence its road through the owner's or occupant's enclosed lands, describing the same, and construct the necessary farm crossings and cattle guards thereon. If such company, after being so notified, neglect for three months to construct such fences, farm crossings and cattle guards, it shall be liable to pay to such owner or occupant ten dollars for each day after the expiration of said three months until so constructed. But no time between the first day of November and the first day of April succeeding shall be included in the three months aforesaid.
192.37 History
History: 1993 a. 482.
192.38
192.38
Contracts not affected. Sections 192.33 to
192.37 shall not affect any contract entered into between any railroad corporation and the proprietors and occupants of lands adjoining for the construction and maintenance of gates, bars, cattle guards and railroad crossings.
192.42
192.42
Common carriers, joint liability, enforcement. 192.42(1)(1) Every common carrier receiving property for intrastate transportation shall issue a bill of lading therefor and shall be liable to the lawful holder thereof for any loss of or injury to such property caused by it or by any common carrier to which such property may pass, and no contract, receipt, rule or regulation shall exempt the issuer from the liability hereby imposed.
192.42(2)
(2) Any holder of such bill of lading may bring an action against all of the carriers and on proof that the property was lost, destroyed or damaged in transit, the liability shall attach to all the defendants and judgment shall be entered accordingly against them all unless a carrier shall prove its nonliability, in which case the judgment shall go only against the other defendants.
192.42(3)
(3) The carrier issuing such bill of lading shall be entitled to recover from the common carrier on whose line the loss or injury shall have been sustained the amount of damages it may be required to pay to the owner of such property, as may be evidenced by any receipt or judgment.
192.43
192.43
Liability of carrier of passengers made absolute. No contract, receipt, rule, or regulation shall exempt any corporation or person engaged in transporting persons for hire, within this state, from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, or regulation, been made.
192.44
192.44
Fires; railroad liability; action for damages. 192.44(1)(1) Each railroad corporation owning or operating a railroad shall be liable to the owner of property injured or destroyed by fire communicated directly or indirectly by locomotives in use upon such railroad, or by the burning of grass, weeds or rubbish on the right of way by employes of such corporation; and such railroad corporation may procure insurance in its own behalf for its protection against such liability.
192.44(2)
(2) To recover such damages, it shall only be necessary for the owner to prove the loss of or injury to the owner's property, and that the fire originated in the manner hereinbefore stated.
192.44 History
History: 1993 a. 482.
192.47
192.47
Railroad police; oath; powers. Any railway company may, at its own expense, appoint and employ railroad police officers at the stations or other places on the line of its road within this state as it deems necessary for the protection of its property and the preservation of order on its premises and in and about its cars, depots, depot grounds, yards, buildings or other structures. Each police officer shall take an oath to support the constitution of the United States and claiming to be a citizen of the United States and shall file it with the office. Each police officer shall, when on duty, wear a shield furnished by the company bearing the words "Railroad Police" and the name of the company. These police officers may arrest, with or without warrant, any person who in their presence commits upon the premises of the company or in or about its cars, depots, depot grounds, yards, buildings or other structures any offense against the laws of this state or the ordinances of any town, city or village, and shall also have the authority of sheriffs in regard to the arrest or apprehension of these offenders in or about the premises or appurtenances. In case of the arrest, by a railroad police officer, of any person without warrant the officer shall immediately take the offender before a judge having jurisdiction and make complaint against the offender. Every railway company shall be responsible for the acts of its police officers.
192.52
192.52
Terminals and shops, removal. 192.52(1)(a)(a) The term "shops" shall mean and embrace plants and locations where steam railroads engage in the general work of repairing, painting, overhauling or constructing locomotives, cars, coaches and other rolling stock and appurtenances thereto.
