350.138(2)
(2) Permit required. No person may construct a snowmobile rail crossing that is not located on a railroad crossing of a public highway or street unless the person is a snowmobile organization and has a permit approved under this section. No person may maintain a snowmobile rail crossing that is not located on a railroad crossing of a public highway or street unless the person is a snowmobile organization and either the person has a permit approved under this section or the snowmobile rail crossing is an established snowmobile rail crossing. In order to obtain a permit required under this section, a snowmobile organization shall apply to the department. A separate permit is required for each snowmobile rail crossing subject to this section.
350.138(3)
(3) Contents of permit application. An application submitted under
sub. (2) shall include adequate descriptions and drawings showing the proposed location of the snowmobile rail crossing, the design of the snowmobile rail crossing and the location of snowmobile trails that connect with the snowmobile rail crossing. The department may reject an application within 15 days after it is submitted if the application is incomplete or is not sufficiently detailed to determine whether to approve or deny the application.
350.138(4)
(4) Permit application approval and denials. The department shall approve or deny an application submitted under
sub. (2) within 60 days after receiving a complete and sufficiently detailed application. The department may deny an application only if the department determines that the proposed snowmobile rail crossing does not comply with the rules promulgated under
s. 350.137.
350.138(5)
(5) Charges. The department may charge an initial application fee not to exceed $150 for the costs of reviewing a permit application under
sub. (4). Neither a rail authority nor the department may charge any other fee or amount for the construction or use of a snowmobile rail crossing or for the use of the right-of-way for the crossing.
350.138(6)
(6) Liability insurance. The department shall require a snowmobile organization to maintain in effect liability insurance to indemnify the applicable rail authority for damages resulting from the design, construction or maintenance of a snowmobile rail crossing for which a permit is approved under this section. Regardless of the number of snowmobile rail crossings that the snowmobile organization maintains under this section and
s. 350.139, the amount of the liability insurance that is required to be maintained under this subsection shall be at least $1,000,000 for each snowmobile organization. Beginning on January 1, 1997, this minimum amount shall increase to $2,000,000. Any liability insurance that is required under this subsection for the purpose of indemnifying a rail authority that is a rail transit body shall also indemnify the owners and operators of any railroad using the tracks of the rail transit body.
350.138(7)
(7) Rights-of-way. For each application approved under
sub. (4), the applicable rail authority shall give the snowmobile organization access to any right-of-way that the rail authority may have to permit the snowmobile organization to construct and maintain the snowmobile rail crossing.
350.138(8)(a)(a) The initial period for a permit approved under this section shall be 11 years. Unless
par. (b) applies, the department shall renew the permit for additional periods of time, not to exceed 11 years per renewal, as determined by the department, until the snowmobile rail crossing becomes an established snowmobile rail crossing.
350.138(8)(b)
(b) The department may revoke or refuse to renew a permit that it previously approved only if the department determines that the snowmobile rail crossing is not constructed or maintained in compliance with the rules promulgated under
s. 350.137, the snowmobile organization does not maintain any liability insurance that is required under
sub. (6) or the snowmobile rail crossing is not maintained for use by snowmobiles for at least 5 winters in any 10-year period. The 10-year period for purposes of this paragraph shall begin on the first December 15 following the date of the issuance of the permit.
350.138(9)
(9) Inspection authorized. The department may inspect a snowmobile rail crossing to determine whether there are grounds to refuse to issue a permit under
sub. (4) or to revoke or refuse to renew a permit under
sub. (8) (b).
350.138 History
History: 1993 a. 120.
350.139
350.139
Established snowmobile rail crossings. 350.139(1)(a)
(a) "Established snowmobile rail crossing" means a snowmobile rail crossing that has been used by snowmobiles for at least 5 winters of the last 10 years.
350.139(2)
(2) No permit required. An established snowmobile rail crossing does not require a permit under
s. 350.138.
350.139(3)
(3) Charges prohibited. Neither the department nor a rail authority may charge a fee or any other amount for the use of an established snowmobile rail crossing or for the use of a right-of-way for the established snowmobile rail crossing.
350.139(4)
(4) Requirements. The department shall require a snowmobile organization that maintains an established snowmobile rail crossing to do all of the following:
350.139(4)(a)
(a) Maintain the established snowmobile rail crossing in conformance with the rules promulgated under
s. 350.137.
350.139(4)(b)
(b) Maintain in effect liability insurance to indemnify the applicable rail authority for damages resulting from the design, construction or maintenance of the established snowmobile rail crossing. Regardless of the number of established snowmobile rail crossings and snowmobile rail crossings under
s. 350.138 that each snowmobile organization maintains, the amount of the liability insurance that is required to be maintained under this paragraph shall be at least $1,000,000 for each snowmobile organization. Beginning on January 1, 1997, this minimum amount shall increase to $2,000,000. Any liability insurance that is required under this paragraph for the purpose of indemnifying a rail authority that is a rail transit body shall also indemnify the owners and operators of any railroad using the tracks of the rail transit body.
350.139(5)
(5) Inspection authorized. The department may inspect an established snowmobile rail crossing to determine whether the snowmobile organization maintaining the crossing is in compliance with the requirements imposed under
sub. (4).
350.139 History
History: 1993 a. 120.
350.1395
350.1395
Snowmobile rail crossings; closing; review of rail authorities; insurance rules. 350.1395(1)(a)
(a) "Established snowmobile rail crossing" means a snowmobile rail crossing that has been used by snowmobiles for at least 5 winters of the last 10 years.
350.1395(2)(a)(a) Except as provided in
par. (b), no rail authority may close or remove a snowmobile rail crossing subject to a permit under
s. 350.138 or an established snowmobile rail crossing.
350.1395(2)(b)
(b) A rail authority may petition the department to review any failure of a snowmobile organization to comply with any requirements imposed under
s. 350.138 or
350.139 (4), and to issue an order authorizing the rail authority to close or remove an established snowmobile rail crossing. The department shall decide the matter after notice and hearing. The order issued by the department is a final order of the department subject to judicial review under
ch. 227.
350.1395(3)
(3) Review of actions of rail authority. A snowmobile organization may request the department to review any failure of the rail authority to comply with
s. 350.138 or
350.139 or this section. The department shall decide the matter after notice and hearing. If the department finds that the rail authority failed to comply, the department shall issue an order directing the rail authority to take appropriate action in order to comply with this section. The order issued by the department is a final order of the department subject to judicial review under
ch. 227.
350.1395(4)(a)(a) The department may promulgate rules to increase the minimum amounts of liability insurance required under
ss. 350.138 (6) and
350.139 (4) (b) based on the need for, and the availability and affordability of, such insurance.
350.1395(4)(b)
(b) No rule may be promulgated under this subsection without approval of the rule by the public service commission.
350.1395 History
History: 1993 a. 120.
350.14
350.14
Duties of snowmobile recreational council. 350.14(1)(1) The snowmobile recreational council shall carry out studies and make recommendations to the legislature, governor, department of natural resources and department of transportation on all matters related to this chapter or otherwise affecting snowmobiles and snowmobiling.
350.14(2)
(2) The department shall prepare written minutes of each meeting of the snowmobile recreational council and shall make them available to any interested party upon request.
350.14 History
History: 1971 c. 277;
1991 a. 39.
350.145
350.145
Recommendations of the snowmobile recreational council. 350.145(1)(1)
Procedure required. To assist the snowmobile recreational council in performing its duty to make recommendations under
s. 350.14 (1), the department and the snowmobile recreational council shall follow the procedures under
sub. (2).
350.145(2)(a)(a) The department shall distribute any rule that it is proposing and that affects snowmobiles or snowmobiling to each member of the snowmobile recreational council for his or her review and comment at least 20 days before the notice stating that the proposed rule is in final draft form is submitted to the legislature in the manner provided under
s. 227.19 (2). A member of the snowmobile recreational council may submit his or her written comments on the proposed rule to the department.
350.145(2)(b)
(b) The department shall include in the report required under
s. 227.19 (3) the written comments that it receives under
par. (a).
350.145(3)
(3) Recommendations for executive budget bill. 350.145(3)(a)1.1. Before June 30 of each even-numbered year, the department shall consult with the snowmobile recreational council on the proposed changes for the succeeding biennium in the appropriations and laws that affect snowmobiles and snowmobiling.
350.145(3)(a)2.
2. A member of the snowmobile recreational council may submit before August 1 of the even-numbered year his or her written comments on the proposed changes specified in
subd. 1. to the secretary of natural resources.
350.145(3)(b)
(b) The secretary of natural resources shall submit any written comments that the secretary receives under
par. (a) 2. to the natural resources board and to the secretary of administration with the department's submission of its budget report under
s. 16.42.
350.145(3)(c)
(c) Before March 1 of each odd-numbered year, the snowmobile recreational council shall meet and review the provisions that are included in the executive bill or bills and that affect snowmobiles and snowmobiling. A member of the snowmobile recreational council may submit his or her written comments on these provisions to the secretary of natural resources before March 10 of each odd-numbered year.
350.145(3)(d)
(d) The secretary shall submit the written comments that he or she receives under
par. (a) 2. or
(c) before March 10 of the odd-numbered year to the cochairpersons of the joint committee on finance before March 15 of that odd-numbered year.
350.145 History
History: 1991 a. 39.
350.15
350.15
Accidents and accident reports. 350.15(2)
(2)
Duty to render aid. Insofar as the operator is capable of doing, the operator of a snowmobile involved in a snowmobile accident shall render to other persons affected thereby such assistance as is practicable and necessary to save them from or minimize any danger caused by the accident and shall give his or her name and address and identification of his or her snowmobile to any person injured and to the owner of any property damaged in the accident.
350.15(3)(a)(a) If a snowmobile accident results in the death of any person, or in an injury that requires the treatment of a person by a physician, the operator of each snowmobile involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and, within 10 days after the accident, shall file a written report of the accident with the department on the form prescribed by it.
350.15(3)(b)
(b) If the operator of a snowmobile is physically incapable of making the report required by this subsection and there was another occupant on the snowmobile at the time of the accident capable of making the report that other occupant shall make such report.
350.15(4)
(4) Reports not used as evidence. No report required by this section to be filed with the department shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made.
350.15(5)(a)(a) The department shall investigate any snowmobile accident that results in the death of any person.
350.15(5)(b)
(b) The department may investigate any snowmobile accident that results in an injury that requires the treatment of a person by a physician.
350.15 AnnotationReports under (3) aren't confidential documents.
76 Atty. Gen. 56.
350.155
350.155
Coroners and medical examiners to report; require blood specimen. 350.155(1)
(1) Every coroner or medical examiner shall on or before the 10th day of each month report in writing to the department the death of any person within the coroner's or medical examiner's jurisdiction during the preceding calendar month as the result of an accident involving a snowmobile and the circumstances of such accidents.
350.155(2)
(2) In cases of death involving a snowmobile in which the decedent died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of such physician. All funeral directors shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health and family services for analysis of the alcoholic content of such blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health and family services. The department of health and family services shall keep a record of all such examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the department of health and family services. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.
350.17(1)(1) Any officer of the state traffic patrol under
s. 110.07 (1), inspector under
s. 110.07 (3), warden of the department under
s. 23.10, county sheriff or municipal peace officer may enforce the provisions of this chapter.
350.17(2)
(2) No person operating a snowmobile shall refuse to stop after being requested or signaled to do so by a law enforcement officer.
350.17(3)
(3) Notwithstanding
subs. (1) and
(2), no law enforcement officer may stop a snowmobile operator for a violation of a statutory provision under this chapter or a rule promulgated or an ordinance adopted under this chapter unless the law enforcement officer has reasonable cause to believe the snowmobile operator has committed such a violation.
350.17 History
History: 1971 c. 277;
1989 a. 31.
350.17 Cross-reference
Cross-reference: See s.
23.50 concerning enforcement procedures.
350.18
350.18
Local ordinances. 350.18(1)(1) Counties, towns, cities and villages may regulate snowmobile operation on snowmobile trails maintained by or on snowmobile routes designated by the county, city, town or village.
350.18(3)(a)(a) A town, city or village may enact an ordinance allowing the operation of snowmobiles on a roadway and shoulder of a highway for any portion of a highway that lies within the boundaries of the town, city or village for the purpose of residential access, or for the purpose of access from lodging if the town, city or village also enacts or has in effect an ordinance for the purpose of residential access.
350.18(3)(b)
(b) The department and the snowmobile recreational council shall jointly prepare a model ordinance as an example of an ordinance that a town, city or village may enact under
par. (a).
350.18 Cross-reference
Cross-reference: See s.
23.50 concerning enforcement procedures.
350.19
350.19
Liability of landowners. Section 895.52 applies to this chapter.
350.19 History
History: 1971 c. 277;
1983 a. 418 s.
8.
350.99
350.99
Parties to a violation. 350.99(1)
(1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
350.99(2)
(2) A person is concerned in the commission of the violation if the person:
