192.35 Interference with fences; trespassers on track.
192.36 Fences, occupant of land may build or repair.
192.37 Fences, farm crossings; railroads to provide.
192.38 Contracts not affected.
192.42 Common carriers, joint liability, enforcement.
192.43 Liability of carrier of passengers made absolute.
192.44 Fires; railroad liability; action for damages.
192.47 Railroad police; oath; powers.
192.52 Terminals and shops, removal.
192.53 Railroad track clearance.
192.54 General penalty for this chapter.
192.55 Special penalties for this chapter.
192.56 Abandoning of railroad stations.
192.71 Lands may be sold; proceedings if terms of grant not complied with.
192.72 Lands may be mortgaged.
192.73 Sale of abandoned rail property after release by state.
192.80 Full crew employee rights.
Ch. 192 Cross-reference
Cross Reference: See also
RR, Wis. adm. code.
192.001
192.001
Definitions. In this chapter:
192.001(1m)
(1m) "Department" means the department of transportation.
192.001(2)
(2) "Office" means the office of the commissioner of railroads.
192.14
192.14
Caboose equipment. 192.14(1)(1) This section shall apply to all cabooses except those operated in yard or transfer service.
192.14(2)
(2) Cabooses shall be at least 24 feet in length exclusive of platform and be of either a cupola or bay window type. Cabooses shall be of metal construction and shall be sufficiently insulated to reduce noise to a reasonable level. Cabooses shall be provided with a door with a window at each end, and with an outside platform across each end, not less than 24 inches in width and be equipped with proper guard rails and with grab irons and steps for the safety of persons getting on and off.
192.14(3)
(3) The trucks shall provide riding qualities at least equal to those of freight-type trucks modified with elliptical or additional coil springs or other means of equal or greater efficiency and shall be equipped with standard steel wheels.
192.14(4)
(4) Cabooses constructed after December 30, 1973 shall be equipped with cushion underframe draft gear. Cabooses constructed prior to December 30, 1973 shall be equipped with cushion draft gear.
192.14(5)
(5) Cabooses placed in service after December 30, 1973 shall be provided with electric lighting of at least 40 footcandles for direct illumination of the caboose desk, reading areas and lavatory facilities.
192.14(6)
(6) Wherever glass or glazing materials are used on exterior doors or windows they shall be of the shatterproof glass type or an equivalent clear plastic product.
192.14(7)
(7) Stanchions, grab handles or bars shall be installed at entrances, exits and cupola within convenient reach of employees moving within the caboose. All edges and protrusions, including, but without limitation because of enumeration, all bench, desk, chair and other furnishings, shall be rounded.
192.14(8)
(8) All cabooses shall be equipped with at least one portable foam, dry chemical or carbon dioxide type fire extinguisher with a minimum capacity of 1-1/4 gallons or 5 pounds. Such extinguishers shall be placed in readily accessible locations and shall be effectively maintained.
192.14(9)
(9) In the event a failure of required equipment or standards of maintenance occurs after a caboose has commenced a trip in service, it shall be corrected at the first point at which maintenance supplies are available, or, in case of repairs, at the first point where repair facilities are available.
192.14(10)
(10) If in any particular case any temporary exemption from any requirement of this section is deemed necessary by a carrier, the office shall consider the application of the carrier for temporary exemption and may grant the exemption when accompanied by a full statement of the conditions existing and the reasons for the exemption. Any exemption so granted will be limited to the particular case specified and shall be limited to a stated period of time.
192.14(11)
(11) Compliance with this section shall be accomplished within 5 years of December 30, 1973. The requirements stated in this section shall be deemed complied with by equipment or standards or maintenance equal or superior to those prescribed in this section.
192.14(12)
(12) The office may after public hearing make rules and establish the standards deemed necessary to carry out the purposes of this section.
192.15
192.15
Engine equipment. 192.15(1)(1) This section shall apply to all engines or locomotives used in operating a railroad.
192.15(2)(a)
(a) "Cab" means the crew compartment of the engine.
192.15(2)(b)
(b) "Control unit" means the unit which controls the movement of multiple units.
192.15(2)(c)
(c) "Engine" means a locomotive or a unit propelled by any form of energy, or a combination of such units operated from a single control, used in train or yard service.
192.15(2)(d)
(d) "Initial terminal" means the terminal within the state from which an engine is dispatched and at which maintenance supplies are available or at which regular maintenance forces are available to repair defective equipment.
192.15(2)(e)
(e) "Railroad" means a railroad operated as a common carrier in this state.
192.15(3)
(3) Cabs shall be sufficiently insulated to reduce noise in the cab in accordance with federal regulations.
192.15(4)
(4) Cabs shall be provided with at least 2 doors for exiting in 2 different directions. Exterior platforms shall be equipped with appropriate hand or guard rails. All ladders and steps shall be equipped with grab irons for the safety of persons getting on and off.
192.15(5)
(5) Wherever glass and glazing materials are used on exterior engine doors or windows they shall be in compliance with federal regulations.
192.15(6)
(6) Cab doors and windows shall be weatherstripped to prevent drafts and noxious odors from entering the cab. Cabs shall be heated to maintain a minimum temperature of 50° Fahrenheit and shall be insulated to retain heat. Heaters shall be in proper working order whenever the engine is in use.
192.15(7)
(7) Cabs shall be supplied with a drinking cup dispenser with a supply of cups. At least one gallon of sanitary water from a water cooler or sealed containers of water from a refrigerated cooler shall be in the cab at the time of departure from the initial terminal.
192.15(8)
(8) Each cab used in train service more than 25 miles from an initial terminal shall be equipped with a suitable retention toilet facility. If locomotives are operated in multiple units only the control unit needs to comply with the toilet facility requirement. All toilet facilities shall be sanitary and operational when placed in service at the initial terminal.
192.15(9)
(9) Each cab shall be in a clean and sanitary condition when placed in service.
192.15(10)
(10) A cab used in train service shall be equipped with a speedometer functioning accurately within 3 miles per hour. If locomotives are operated in multiple units only the control unit needs to comply with the speedometer requirement.
192.15(11)
(11) Engines shall be equipped with whistles or horns mounted to face the direction in which the engine is moving and placed to emit a warning sound at a sound level which accords with established practices to warn employees and the public of the engine's approach.
192.15(12)
(12) All cabs shall be equipped with at least one portable foam, dry chemical or carbon dioxide type fire extinguisher with a minimum capacity of 1-1/4 gallon or 5 pounds. The extinguisher shall be placed in a readily accessible location and shall be effectively maintained.
192.15(13)
(13) If a failure of required equipment or standards of maintenance, as set forth under this section, occurs after an engine has commenced a trip or tour of duty in service, it shall be corrected at the first point at which maintenance supplies are available, or, in case of repairs, prior to the next assignment.
192.15(14)
(14) If in any particular case any exemption from any requirement of this section is deemed necessary by a carrier, the office shall consider the application of the carrier for exemption and may grant the exemption when accompanied by a full statement of the conditions existing and the reasons for the exemption. Any exemption so granted shall be limited to the particular case specified and shall be limited to a stated period of time.
192.15(15)
(15) Compliance with this section shall be accomplished within 5 years of November 17, 1977. The requirements stated in this section shall be deemed complied with by equipment or standards or maintenance equal or superior to those prescribed in this section.
192.17
192.17
Arrest of passenger; police power of conductors. If it shall become necessary for the protection of the passengers on any railroad car from the violent, abusive, profane or indecent language or conduct of any passenger, the conductor may arrest such passenger and keep the passenger in the baggage car or some other safe and secure place on such train until its arrival at some usual stopping place, when the passenger may be put off the train and given into the custody of some officer for prosecution; and for this purpose conductors, while in charge of trains, may exercise the powers of sheriffs.
192.17 History
History: 1993 a. 482.
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.
192.25
192.25
Railroad train crews. 192.25(1)(a)
(a) "Certified railroad locomotive engineer" means a person certified under
49 CFR 240 as a train service engineer, locomotive servicing engineer or student engineer.
192.25(1)(b)
(b) "Qualified railroad trainman" means a person who has successfully completed a railroad carrier's training program and passed an examination on railroad operation rules.
192.25(2)
(2) No person operating or controlling any railroad, as defined in
s. 85.01 (5), may allow the operation of any railroad train or locomotive in this state unless the railroad train or locomotive has a crew of at least 2 individuals. One of the individuals shall be a certified railroad locomotive engineer. The other individual shall be either a certified railroad locomotive engineer or a qualified railroad trainman. A certified railroad locomotive engineer shall operate the control locomotive at all times that the railroad train or locomotive is in motion. The other crew member may dismount the railroad train or locomotive when necessary to perform switching activities and other duties in the course of his or her job.
192.25(3)(a)(a) The office, by rule, may grant an exception to
sub. (2) if the office determines that the exception will not endanger the life or property of any person.
192.25(3)(b)
(b) Subsection (2) does not apply to the extent that it is contrary to or inconsistent with a regulation or order of the federal railroad administration.
192.25(4)
(4) Any person who violates
sub. (2) may be required to forfeit not less than $25 nor more than $100 for a first offense, not less than $100 nor more than $500 for a 2nd offense committed within 3 years, and not less than $500 nor more than $1,000 for a 3rd offense committed within 3 years.
192.25 History
History: 1997 a. 42.
192.25 Annotation
This section is preempted by federal law except to the extent that sub. (2) prohibits over-the-road train operation unless there is a train crew of at least 2. However over-the-road operations may also be exempted by specific agreement between the Federal Railway Administration and an individual railroad. Burlington Northern and Santa Fe Railway. Co. v. Doyle,
186 F.3d 790 (1999).
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 at least 3 years' experience as 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 at least 2 years' experience as a brakeman on a freight train or passenger train.
192.255(3)
(3) No railroad company by its officers, agents or employees 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 brakemen 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 30 miles in length nor shall anything herein contained relieve any railroad company from the negligence of any of its employees.
192.255(6)
(6) Any person who violates any of the provisions of this section shall be fined not less than $25 nor more than $100 or imprisoned for not more than 90 days or both.
192.255 History
History: 1997 a. 254.
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 forfeit not less than $25 nor more than $100 for each offense. Each day that the violation continues shall constitute a separate offense.
