CHAPTER 192
RAILROADS; REGULATIONS AND LIABILITIES
192.005 Scope of chapter.
192.17 Arrest of passenger; police power of conductors.
192.25 Railroad train crews.
192.27 Connecting tracks and switching.
192.29 Train bells and crossing signs at street and highway crossings.
192.292 Trains obstructing highways.
192.295 Willful neglect of railroad employees.
192.31 Telltales over railroads.
192.32 Trespassing on railroad.
192.321 Getting on and off cars.
192.324 Railroad bridges to be safe for employees.
192.327 Motor vehicles of railroads used to transport its employees.
192.33 Fences, cattle guards, crossings.
192.34 Fences; complaint of insufficient; hearing; order.
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.
192.43 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.
192.73 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.
192.005
192.005
Scope of chapter. Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with federal law or the constitution of the United States.
192.005 History
History: 2005 a. 179.
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.
192.25
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).
192.27
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.
