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 HistoryHistory: 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.
Trans 31.04Trans 31.04Contents of an application.
Trans 31.04(1)(1)All applications for operation of an excursion train shall contain all of the following:
Trans 31.04(1)(a)(a) The name and address of the sponsor and the name and daytime telephone and facsimile number of a representative of the sponsor.
Trans 31.04(1)(b)(b) The dates proposed for operation.
Trans 31.04(1)(c)(c) All locations to be used for loading and unloading passengers.
Trans 31.04(1)(d)(d) The number of trips to be conducted on each day proposed for operation from each loading point.
Trans 31.04(1)(e)(e) The specific type of motive power for railroad equipment to be used, for example, steam, diesel or gas.
Trans 31.04(1)(f)(f) The policy concerning advance sale of tickets, including cancellation and refund.
Trans 31.04(1)(g)(g) The proposed maximum speed of operation.
Trans 31.04(1)(h)(h) A certified statement from the operator, or from the sponsor if there is not an operator, that states all of the following:
Trans 31.04(1)(h)1.1. The track to be used is in compliance with the FRA track safety standards for class 1 track, or track rehabilitated to a higher standard.
Trans 31.04(1)(h)2.2. All active grade-crossing warning devices are functional and can be operated by the equipment proposed to be used unless BR&H waives this requirement in writing on the permit.
Trans 31.04(1)(h)3.3. All on-going track, signal and equipment inspections will be performed as required, and current FRA roadway worker safety rules are enforced at all times.
Trans 31.04(1)(h)4.4. The equipment and bridges to be used are in compliance with applicable FRA requirements, state laws and this chapter.
Trans 31.04(1)(h)5.5. Other powered or non-powered vehicles operating as excursion trains are in compliance with the North American railcar operators association latest book of rules, and motorcar inspection reports for each vehicle are available.
Trans 31.04(1)(h)6.6. All at-grade crossings are in full compliance with the requirements in s. 195.29 (6), Stats.
Trans 31.04(1)(i)(i) A copy of the certificate of insurance evidencing general liability coverage in the minimum amount of $5 million. The certificate shall name the department and commission, if any, as additional insureds.