Chapter NR 6

NR 6.40   Purpose.

NR 6.41   Definitions.

NR 6.42   Maintenance standards for established snowmobile rail crossing.

NR 6.43   New snowmobile rail crossing standards.

NR 6.44   Maintenance standards for new rail crossings.

NR 6.45   Liability insurance for new and established rail crossings.

NR 6.46   Variances.

Ch. NR 6 Note Note: Chapter NR 6 as it existed on February 28, 1977, was repealed and a new Chapter NR 6 was created effective March 1, 1977.

subch. I of ch. NR 6 Subchapter I — Snowmobile Standards Certification

NR 6.01 NR 6.01 Purpose. The purpose of this subchapter is to establish procedures for certification of snowmobile equipment standards pursuant to s. 350.09, Stats., and establishes requirements for snowmobile races and derbies.

NR 6.01 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. Register, November, 1989, No. 407, eff. 12-1-89; am. Register, May, 1995, No. 473, eff. 6-1-95.

NR 6.02 NR 6.02 Applicability. The provisions of this subchapter are applicable to all snowmobiles which are manufactured, sold or offered for sale within the state of Wisconsin.

NR 6.02 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. Register, May, 1995, No. 473, eff. 6-1-95.

NR 6.03 NR 6.03 Definitions. In this subchapter and in ch. 350, Stats., these definitions shall apply.

NR 6.03(1) (1) “Department” means the department of natural resources.

NR 6.03(2) (2) “Headlamp” has the meaning designated in s. 340.01 (21), Stats.

NR 6.03(3) (3) “Raceway facility” means an area, including a marked warmup and testing area, specifically designated by a sponsor for the purpose of conducting a sanctioned race or derby for which any required local permits have been obtained.

NR 6.03(4) (4) “Sanctioned race or derby” means a competitive snowmobile event sponsored by a local unit of government, chamber of commerce, snowmobile club, promoter or similar organization.

NR 6.03(5) (5) “Snowmobile” has the meaning designated in s. 340.01 (58a), Stats.

NR 6.03(6) (6) “Sound level” (noise) means total noise emission from the entire snowmobile.

NR 6.03(7) (7) “Tail lamp” has the meaning designated in s. 340.01 (66), Stats.

NR 6.03 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; renum. (1) to (5) to be (5), (1), (6), (2) and (7), cr. (intro.), (3) and (4), Register, November, 1989, No. 407, eff. 12-1-89; am. (intro.) Register, May, 1995, No. 473, eff. 6-1-95.

NR 6.05 NR 6.05 Department approval.

NR 6.05(1) (1) No snowmobile manufactured after January 1, 1977 may be sold or offered for sale by any manufacturer, distributor or dealer in the state of Wisconsin unless such snowmobile is constructed so as to meet the requirements of s. 350.09, Stats. Proof of compliance with the foregoing requirements shall be in the form of either:

NR 6.05(1)(a) (a) A Snowmobile Safety and Certification Committee, Inc. certified label conspicuously attached to the snowmobile, showing that such snowmobile meets the requirements of s. 350.09, Stats., or

NR 6.05(1)(b) (b) A letter from the applicant to the Wisconsin Department of Natural Resources, Box 7921, Madison, Wisconsin 53707 (attention: Snowmobile Safety Section) listing the following information on each model of snowmobile:

NR 6.05(1)(b)1. 1. The description and model number of the snowmobile to be approved;

NR 6.05(1)(b)2. 2. A copy of the test results required by s. NR 6.08 done by an independent testing laboratory currently engaged in the examination, testing and evaluation of noise control devices and which maintains or employs adequate staff and facilities to perform such function;

NR 6.05(1)(b)3. 3. A certificate certifying that the snowmobile has been tested in accordance with s. NR 6.08 and meets the requirements of s. 350.09, Stats.

NR 6.05(2) (2) The certification and test reporting procedure followed shall be approved by the department, provided that:

NR 6.05(2)(a) (a) The snowmobile has a S.S.C.C. label conspicuously attached, showing that said snowmobile meets the requirements of s. 350.09, Stats., and has been tested in accordance with the provisions of s. NR 6.08, or

NR 6.05(2)(b) (b) Certification has been obtained from an independent testing laboratory as defined in sub. (1) (b) 2., and said certification and test report states that the equipment has been tested in accordance with the provisions of s. NR 6.08. The certification shall be accompanied by a full and complete test report setting forth the specifications and the general conditions under which the test was conducted.

NR 6.05(3) (3) Upon receipt of a copy of an acceptable certification under sub. (2) (b), the department shall by letter notify the applicant that the snowmobile has been approved and that it may legally be manufactured, imported, offered for sale and sold in the state of Wisconsin.

NR 6.05 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77.

NR 6.06 NR 6.06 Modification. No manufacturer shall modify a snowmobile on which approval has been issued so as to change its conformance with the requirements of s. 350.09, Stats., without resubmission of the modified snowmobile for approval in the same manner as required for the original snowmobile.

NR 6.06 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77.

NR 6.07 NR 6.07 Inspection. The department may, in order to insure compliance with the requirements contained in s. 350.09, Stats., and s. NR 6.08 inspect during normal business hours any snowmobile manufacturing plants and any snowmobile being offered for sale in the state of Wisconsin by commercial dealers.

NR 6.07 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77.

NR 6.08 NR 6.08 Testing criteria. Testing criteria are as follows:

NR 6.08(1) (1) Sound level limit.

NR 6.08(1)(a) (a) The total vehicle noise produced by every snowmobile manufactured after July 1, 1972 and offered for sale or sold in the state of Wisconsin shall not exceed 82 dB on an A weighted network at 50 feet when measured in accordance with the procedures required herein.

NR 6.08(1)(b) (b) The total vehicle noise produced by every snowmobile manufactured after July 1, 1975 and offered for sale or sold in the state of Wisconsin shall not exceed 78 dB on an A weighted network at 50 feet when measured in accordance with the procedures required herein.

NR 6.08(1)(c) (c) The sound level requirements and testing criteria of the Society of Automotive Engineers Technical Report J192a, as amended 1975, shall be adhered to in certifying compliance with snowmobile sound level requirements.

NR 6.08(2) (2) Headlamp requirements. After February 12, 1970 the headlamp(s) on a snowmobile may be of the single beam or multi-beam type; in either case, the headlamp requirements and testing criteria of the Society of Automotive Engineers Technical Report J280, as amended 1973, shall be adhered to.

NR 6.08(3) (3) Tail lamp requirements. After February 12, 1970 the tail lamp(s) on a snowmobile shall adhere to the tail lamp requirements and testing criteria of the Society of Automotive Engineers Technical Report J279, as amended 1972.

NR 6.08(4) (4) Copies and amendments of the 1975 Society of Automotive Engineers Technical Report J192a, entitled “Exterior Sound Levels for Snowmobiles”; 1973 Society of Automotive Engineers Technical Report J280, entitled“Snowmobile Headlamps”; and 1972 Society of Automotive Engineers Technical Report J279, entitled “Snowmobile Tail Lamps”, are available for inspection in the following offices:

NR 6.08(4)(a) (a) The Department of Natural Resources, 101 S. Webster St., Madison, Wisconsin.

NR 6.08(4)(b) (b) The Office of the Secretary of State, 30 W. Mifflin St., Madison, Wisconsin;

NR 6.08(4)(c) (c) The Legislative Reference Bureau, One East Main St., Madison, Wisconsin. Copies may also be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096.

NR 6.08(5) (5) Copies of the Snowmobile Safety and Certification Committee, Inc. minimum safety standards for snowmobile product manufacture, entitled “Safety Standards for Snowmobile Product Certification” October 15, 1974, are available for inspection in the following offices:

NR 6.08(5)(a) (a) The Department of Natural Resources, 101 S. Webster St., Madison, Wisconsin;

NR 6.08(5)(b) (b) The Office of the Secretary of State, 30 W. Mifflin St., Madison, Wisconsin;

NR 6.08(5)(c) (c) The Legislative Reference Bureau, One East Main St., Madison, Wisconsin. Copies may also be obtained from the Snowmobile Safety and Certification Committee, Inc., Suite 850 South, 1800 M Street, NW, Washington, D. C. 20036.

NR 6.08(6) (6) Refusal to allow testing. No operator or owner of any snowmobile may deny inspection of the equipment or operating system of a snowmobile or may refuse to operate his or her snowmobile in a manner prescribed by the law enforcement officer who reasonably suspects a violation of snowmobile equipment requirements found in either ch. 350, Stats., or this subchapter.

NR 6.08 History History: Cr. Register, February, 1977, No. 254, eff. 3-1-77; corrections in (4) and (5) made under s. 13.93 (2m) (b) 6., Stats., Register, January, 1989, No. 397; cr. (6), Register, December, 1999, No. 528, eff. 1-1-00; correction in (4) (c) and (5) (c) made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1999, No. 528; correction in (4) (c), (5) (c) made under s. 13.92 (4) (b) 6., Stats., Register April 2013 No. 688.

NR 6.09 NR 6.09 Races and derbies. The sponsor conducting a sanctioned race or derby when on the frozen surfaces of public waters shall:

NR 6.09(1) (1) Make provisions to keep spectators from within 100 feet of a race or derby.

NR 6.09(2) (2) Give prior notice of the race or derby to the local conservation warden or law enforcement agency having jurisdiction.

NR 6.09 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89.

NR 6.11 NR 6.11 Display of trail use sticker. No person may operate and no owner may permit operation of a snowmobile which is subject to the snowmobile trail sticker requirement of s. 350.12 (3), Stats., unless a snowmobile trail sticker is permanently affixed by its own adhesive to the bottom center portion of the snowmobile windshield. If there is no windshield, the sticker shall be displayed in a highly visible location on the front of the cowling of the snowmobile.

NR 6.11 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00.

NR 6.12 NR 6.12 Transfer of trail use sticker. Once affixed a trail use sticker may not be removed or transferred to another snowmobile.

NR 6.12 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00.

subch. II of ch. NR 6 Subchapter II — Snowmobile Rail Crossings

NR 6.40 NR 6.40 Purpose. The purpose of this subchapter is to establish maintenance, design and construction standards for snowmobile railroad crossings.

NR 6.40 History History: Cr. Register, May, 1995, No. 473, eff. 6-1-95.

NR 6.41 NR 6.41 Definitions. In this subchapter these definitions shall apply:

NR 6.41(1) (1) “Established snowmobile rail crossing” has the meaning given in s. 350.139 (1) (a), Stats.

NR 6.41(2) (2) “Rail authority” has the meaning given in s. 350.138 (1) (b), Stats.

NR 6.41(3) (3) “Snowmobile organization” has the meaning given in s. 350.138 (1) (f), Stats.

NR 6.41(4) (4) “The portion of the snowmobile rail crossing for which the rail authority has responsibility” means the area on the track and that portion of the crossing that extends outward 4 feet from each outer rail.

NR 6.41(5) (5) “The portion of the snowmobile rail crossing for which the snowmobile organization has responsibility” means the area of the crossing that is outside of the portion of the crossing that extends outward 4 feet from each outer rail.

NR 6.41 Note Note: The following illustration graphically describes the areas defined in subs. (4) and (5).

NR 6.41 History History: Cr. Register, May, 1995, No. 473, eff. 6-1-95; CR 02-044: cr. (4) and (5) Register November 2002 No. 563, eff. 12-1-02.

NR 6.42 NR 6.42 Maintenance standards for established snowmobile rail crossing. A snowmobile organization shall assist a rail authority in maintaining an established snowmobile rail crossing in the following manner:

NR 6.42(1) (1) The snowmobile organization shall maintain adequate drainage along the snowmobile trail approaching the rail crossing and along the portion of the snowmobile rail crossing for which the snowmobile organization has responsibility, both in the snowmobile and non-snowmobile season, to prevent the pooling of water or saturation of the track subgrade.

NR 6.42(2) (2) The snowmobile organization shall be responsible for furnishing, installing and maintaining in a legible condition all signs at the crossing including crossbucks, crossing placards and snowmobile STOP signs, and all signs prior to the crossing including an advance railroad crossing caution sign. The snowmobile organization shall comply with the sign specifications and posting requirements described in s. NR 6.43 (3).

NR 6.42(3) (3) During the winter season, no snow may be compacted by snowmobile trail grooming machinery on the portion of the snowmobile rail crossing for which the rail authority has responsibility. Any snow deposited on this portion of the rail crossing by the grooming machinery shall be removed manually by the operator of the trail grooming machinery after the machinery is clear of this area of the crossing.

NR 6.42(4) (4) A snowmobile organization may not perform any maintenance work on the portion of the snowmobile rail crossing for which the rail authority has responsibility with the exception of the snow removal work required under sub. (3). The rail authority shall maintain the portion of the snowmobile rail crossing for which the rail authority has responsibility. The snowmobile organization shall maintain the portion of the snowmobile rail crossing for which the snowmobile organization has responsibility.

NR 6.42 History History: Cr. Register, May, 1995, No. 473, eff. 6-1-95; CR 02-044: r. and recr. Register November 2002 No. 563, eff. 12-1-02.

NR 6.43 NR 6.43 New snowmobile rail crossing standards.

NR 6.43(1) (1) Construction responsibility. All permitted snowmobile rail crossings shall be constructed in the following manner:

NR 6.43(1)(a) (a) The rail authority or its contractor shall construct the portion of the snowmobile rail crossing for which the rail authority has responsibility.

NR 6.43(1)(b) (b) All other construction of the snowmobile rail crossing shall be performed by the snowmobile organization or its contractor.

NR 6.43(2) (2) Design and construction standards.

NR 6.43(2)(a) (a) Horizontal alignment. The intersection between the snowmobile trail and the railroad track shall be as close to 90º as possible, but may not be less than a 70° angle on either side of the track. The alignment within 30 feet of the outside rail on either side shall be a straight line.

NR 6.43(2)(b) (b) Vertical alignment. The surface, without snow, of the snowmobile trail approaching the crossing for a distance of 26 feet from 4 feet outside the nearest rail may not be higher than one foot lower than the top of the nearest rail or 1.5 foot lower than the top of the nearest rail.