Trans 31.03(1) (1) When required. No person may operate an excursion train on state-owned railroad property without first obtaining a permit issued by the department. An application for a permit shall be submitted to the department not less than 45 days prior to the date of the first planned operation.

Trans 31.03 Note Note: Applications may be submitted to BR&H, 4802 Sheboygan Avenue, P. O. Box 7914, Madison, Wisconsin 53707-7914.

Trans 31.03(2) (2) Who may submit. An application to operate an excursion train which uses state-owned railroad property shall only be submitted by the operator of the state-owned railroad property to be used for the proposed operation. If there is not an operator of the state-owned railroad property, the application shall be submitted by the sponsor of the excursion train to the department.

Trans 31.03(3) (3) Fees.

Trans 31.03(3)(a) (a) Application fee.

Trans 31.03(3)(a)1. 1. Each application for a permit to operate an excursion train on state-owned railroad property shall be accompanied by an application fee of $300.

Trans 31.03(3)(a)2. 2. An application may request multiple dates and locations during a calendar year.

Trans 31.03(3)(b) (b) Inspection fee. In addition to the application fee in par. (a), each application for a permit to operate an excursion train on state-owned railroad property shall be accompanied by the inspection fee determined in accordance with the following schedule:

- See PDF for table

Trans 31.03(3)(c) (c) Refunds of fees. The application fee is not refundable, even if a permit application is denied. The inspection fee shall be returned only if a permit is denied.

Trans 31.03(4) (4) Additional applications. An additional application for extended operations during the same calendar year by the same operator or sponsor shall be accompanied by an additional application fee of $200 and an additional inspection fee for the additional days requested in the additional permit application.

Trans 31.03(5) (5) Period for review.

Trans 31.03(5)(a) (a) BR&H shall review an application and notify the applicant of approval or denial of the application within 21 days following receipt of a complete application.

Trans 31.03(5)(b) (b) An application may be denied for any one of the following reasons:

Trans 31.03(5)(b)1. 1. Submittal less than 21 days prior to the first planned operation of the excursion train.

Trans 31.03(5)(b)2. 2. Submittal of an incomplete application.

Trans 31.03(5)(b)3. 3. Failure to comply with any of the standards or requirements prescribed in this chapter.

Trans 31.03(5)(b)4. 4. Submittal of materially false information.

Trans 31.03(5)(b)5. 5. Proposing operation of an excursion train by a sponsor or operator with at least one prior violation of this chapter.

Trans 31.03(5)(c) (c) BR&H may require additional information from an applicant to complete its review of an application. If an application is received at least 45 days prior to the date of the first planned operation, BR&H shall have 21 days from the receipt of the additional information to render its decision about the application.

Trans 31.03(5)(d) (d) BR&H shall notify an applicant in writing of all deficiencies in an application, and the reasons for a denial.

Trans 31.03(6) (6) Resubmittal.

Trans 31.03(6)(a) (a) An application which has been denied by BR&H in accordance with sub. (5) (b) 1. may be resubmitted in compliance with this section.

Trans 31.03(6)(b) (b) An application which has been denied by BR&H in accordance with sub. (5) (b) 2. or 3. may be resubmitted with the additional information identified in BR&H’s letter denying the original application.

Trans 31.03(6)(c) (c) An application which has been denied by BR&H in accordance with sub. (5) (b) 4. or 5. may not be resubmitted until after the sanctions imposed by s. Trans 31.07 (3) have expired.

Trans 31.03(6)(d) (d) An additional application fee of $200, plus inspection fees, shall accompany a resubmitted application under this subsection.

Trans 31.03(7) (7) Permit. The department shall issue an applicant a written permit for the proposed operation following its approval of an application. A copy of the permit shall be forwarded to the sponsor and commission as appropriate.

Trans 31.03(8) (8) Duration. Any permit issued by the department shall expire on the date specified by BR&H. In no event shall a permit expire later than December 31 of the year in which the application proposes operation to commence.

Trans 31.03 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1), (3) (b) and (4), renum. (3) (a) to be (3) (a) 1 and (9) to be (8), cr. (3) (a) 2., r. (5), renum. (6) to be (5) and am. (5) (a), (b) 1. and (c) and renum. and am. (7) and (8) to be (6) and (7), Register, May, 1999, No. 521, eff. 6-1-99.