Chapter RR 2

RR 2.19   Safety equipment required.

RR 2.20   Drivers, operation, employe’s duties.

Ch. RR 2 Note Note: Chapter TC 3 was renumbered to be chapter OCT 3 effective September 1, 1986; Chapter OCT 3 was renumbered chapter RR 2, Register, May, 1996, No. 485, eff. 6-1-96.

RR 2.001 RR 2.001 Definition. For purposes of this chapter: “Office” means office of the commissioner of railroads.

RR 2.001 History History: Cr. Register, August, 1986, No. 368, eff. 9-1-86; am. Register, May, 1996, No. 485, eff. 6-1-96.

RR 2.01 RR 2.01 Direct charges — general.

RR 2.01(1) (1) The direct charges referred to in this chapter are the charges made by the office pursuant to s. 195.60 (1), Stats.

RR 2.01(2) (2) Direct charges are made for expenses attributable to the performance of the office’s regulatory duties which are directly and strictly attributable to the investigations known as cost cases. Direct charges shall include such expenses as travel and salary, but shall not include overhead expenses, whether or not specifically identifiable with an investigation. Expenses not directly charged shall be considered in the remainder assessment.

RR 2.01(3) (3) The supporting records for charges made are:

RR 2.01(3)(a) (a) Monthly time distribution sheets for the time of office staff members. These consist of summaries of charges made, derived from weekly time sheets which record activities performed each day according to docket number.

RR 2.01(3)(b) (b) Monthly travel expense accounts for the travel expenses of office staff members. These charges are made from these expense accounts and are itemized each day according to docket number.

RR 2.01 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1) and (2), r. and recr. (3), Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.02 RR 2.02 Direct charges for salaries.

RR 2.02(1) (1) The maximum daily charge against any one investigation is 8 hours per day.

RR 2.02(2) (2) Charges are made on an hourly basis, computed to the nearest half-hour. The hourly charge for each employe is determined by adding to the individual’s base hourly salary rate the cost of time off with pay and the cost of fringe benefits.

RR 2.02(3) (3) 

RR 2.02(3)(b) (b) If it is necessary to visit the offices of another state government department, any other government department or organization, state or federal, or any private organization to obtain information for the investigation, the time thus spent shall be charged against the railroad being investigated. If an investigation is made of affiliated interests, this likewise shall be charged against the railroad, the investigation of which necessitates the examination of the affiliate.

RR 2.02(4) (4) No direct charges are made for the time of the commissioner and staff acting in a supervisory capacity.

RR 2.02(5) (5) If on a trip, actual time reported on cases equals or exceeds the standard 8 hours per day and traveling time is likewise reported for that day, such traveling time is disregarded in making charges. However, if actual time reported on cases be less than the standard per day and traveling time also be reported, the difference between the time on cases and the standard is regarded as traveling time against those cases, provided that such difference does not exceed the hours of travel reported. The total of traveling time computed by such method for an entire trip is then prorated over those cases reported on that trip on the basis of the aggregate actual time reported for each and limited for each investigation by the standard day, except where over-time hours as provided in this chapter have been included in the chargeable time.

RR 2.02(6) (6) When the office finds it necessary to engage the services of people, not members of its regular staff, for consulting advice or for particular projects arising out of investigations, the cost to the office of such services shall be chargeable to the railroad under investigation.

RR 2.02 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2), (3) (a), (4) and (6), Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.03 RR 2.03 Direct charges for traveling expense.

RR 2.03(1) (1) All traveling expenses incurred in an investigation or in rendering services shall be charged subject to subs. (2) and (3):

RR 2.03(2) (2) Traveling expenses for an entire trip are prorated among the cases reported on that trip on the basis of the aggregate actual hours (without the proration of traveling time) reported for each, and limited for each investigation by the standard day except where overtime hours as provided in this chapter have been included in the chargeable time. The underlying principle is that the expenses follow time spent.

RR 2.03(3) (3) No direct charges are made for the traveling expenses of:

RR 2.03(3)(a) (a) The commissioner.

RR 2.03(3)(b) (b) Staff acting in a supervisory capacity.

RR 2.03 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (3) (a), Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.04 RR 2.04 Procedure for billing and collection of direct charges.

RR 2.04(1) (1) 

RR 2.04(1)(a) (a) The office shall make an express finding of necessity for an investigation of the books, accounts, practices and activities, or an appraisal of the property of any railroad, and of the intention to assess costs incurred by the office.

RR 2.04(1)(b) (b) Notice of finding and notice of the existence of the resulting statutory duty to pay the expenses reasonably attributable to the contemplated investigation or appraisal are served upon the affected railroad by the office.

RR 2.04(2) (2) The usual practice of the office is to render monthly statements. Itemization is made on the bill to indicate the names of the office’s employes engaged on the work, the hours expended, their hourly rates, special charges and the amount of the charges. In a joint investigation or where the charges in one investigation are to be divided between 2 or more railroads, such charges shall be assessed, unless otherwise ordered, in proportion to their respective gross operating revenues for the preceding calendar year from the kind of service involved.

RR 2.04(3) (3) Each railroad shall file with the office on or before April 1 of each year a verified statement of its gross operating revenues for the preceding calendar year, exclusive of those derived from the transportation of mail, derived from intrastate operations in the state of Wisconsin, showing the amounts for each operating revenue-account as prescribed by the current classification of accounts for railroads of the interstate commerce commission.

RR 2.04 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1), Register, August, 1986, No. 368, eff. 9-1-86; am. (2), (3), Register, May, 1996, No. 485, eff. 6-1-96.

RR 2.05 RR 2.05 Forms — general. The forms named in this chapter are listed by title, and may be obtained from the office.

RR 2.05 Note Note: The office can be contacted at the Office of the Commissioner of Railroads, Hill Farms State Office Building, 4822 Madison Yards Way, Suite S633, P.O. Box 7854, Madison, WI 53707-7854, [phone].

RR 2.05 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; am. Register, May, 1996, No. 485, eff. 6-1-96.

RR 2.06 RR 2.06 List of forms. The following forms may be obtained from the office:

RR 2.06(1) (1) Wisconsin Annual Report Class I Railroads.

RR 2.06(2) (2) Wisconsin Annual Report Class II Railroads.

RR 2.06(3) (3) Wisconsin Annual Report Class III Railroads.

RR 2.06(4) (4) Quarterly report of freight commodity statistics.

RR 2.06(5) (5) Gross operating revenues derived from intrastate operations in the state of Wisconsin for each calendar year. Required of railroads as defined in s. 195.02, Stats.

RR 2.06 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (intro.) and (1) to (3), Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.07 RR 2.07 Number crossings. All railroads operating in the state of Wisconsin over public highway grade crossings are required to number the crossings in this state and submit the information to the office.

RR 2.07 History History: 1-2-56; am. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.08 RR 2.08 Crossing changes. All railroads shall submit to the office an annual statement of changes at railroad-highway crossings including openings, closings, separations, and changes in protective devices.

RR 2.08 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.09 RR 2.09 Plans.

RR 2.09(1) (1) All railroads operating in Wisconsin shall submit to the office for its approval detailed circuit plans and a description of the operations and functions to be performed by signals for any proposed highway-railroad grade crossing signal installation and for proposed changes in existing installations.

RR 2.09(2) (2) The railroads shall keep a copy of the circuit plans in the instrument cases for the signal installations.

RR 2.09 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1), Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.10 RR 2.10 Maintenance.

RR 2.10(1) (1) The railroads shall inspect and test each signal installation in the state at least once a month and record the dates of inspection and maintenance activities in the instrument cases.

RR 2.10(2) (2) The railroads shall repair and replace signal equipment and components as is necessary to maintain proper operation of the signals and shall periodically clean the signal lenses and roundels and paint, if required, the signal backgrounds and hoods.

RR 2.10 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82.

RR 2.11 RR 2.11 Maintenance reimbursement.

RR 2.11(1) (1) The cost of maintenance for the purpose of reimbursement pursuant to s. 195.28, Stats., shall be based on a Signal Unit System Method using the following unit designations:

RR 2.11(2) (2) All railroads operating in Wisconsin shall submit to the office by June 1, 1983, a simple drawing delineating the installation with a tabulation and description of the signal units involved for each railroad-highway crossing signal installation in operation in the state on January 1, 1983.

RR 2.11(2)(a) (a) The drawing and tabulation shall contain identification of the crossing including federal AAR-DOT number, Wis. crossing number, county and town or municipality in Wisconsin, and the highway or street involved.

RR 2.11(2)(b) (b) When the component as stated under description functions jointly for more than one crossing or as a part of the railroad block signal system, the appropriate fractional quantity shall be applied to the crossing.

RR 2.11(3) (3) All signal installations placed in service after January 1, 1983, including alteration of existing installations which change the number of signal units, shall be reported to the office by the railroads with a drawing and unit tabulation which includes the date the installation or alteration was completed.

RR 2.11(4) (4) All railroads operating in Wisconsin shall submit to the office by June 1, 1983, the maintenance costs for calendar year 1982 for all railroad-highway crossing signal installations in Wisconsin as drawn from accounting records maintained in accordance with the Interstate Commerce Commission Uniform System of Accounts including assignable labor and material additives and a statement of the total signal units involved in such costs. In some cases, units and costs in adjoining states may be included where cost reports cannot readily be separated. This information shall be provided for each fourth year anniversary after 1982.

RR 2.11(5) (5) Using the cost information and lists of signal units, the office shall determine the average dollar value per unit maintenance cost in Wisconsin for crossing signal installations for the year 1982.

RR 2.11(6) (6) The average dollar value per unit applied to the total units per crossing shall be the maintenance cost for the crossing and the basis for paying railroad claims for maintenance pursuant to s. 195.28, Stats.

RR 2.11(7) (7) For the interim years when actual cost information is not provided, the average dollar value per unit will be adjusted in accordance with the published AAR Indexes of Railroad Material Prices and Wage Rates, Railroads of Class I, Western District.

RR 2.11 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2) (intro.) and (3) to (6), Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.12 RR 2.12 Initial reports. Upon occurrence of any accident-incident in Wisconsin involving a railroad, resulting in death, substantial damages or significant hazard to the public, a report shall be made by the railroad involved to the office as soon as practicable but not later than within 24 hours of the occurrence or before 4 p.m. of the first business day following the occurrence.

RR 2.12 History History: Renum. from PSC 72.02 (1) and am. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.13 RR 2.13 Monthly reports. The federal railroad administration in accordance with 49 CFR 225 Accident/Incident Reporting Standards requires each railroad company to submit a monthly report of railroad accidents-incidents. Each railroad company operating in Wisconsin shall submit to the office a copy of these applicable to its Wisconsin operation on or before the filing date as required by federal regulation.

RR 2.13 History History: Renum. from PSC 72.03 and am. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

RR 2.14 RR 2.14 Railroad clearances—general. Clearance standards established herein shall apply to each railroad operating in Wisconsin and lands adjacent to all railroad tracks with respect to new construction or reconstruction of tracks and structures and other conditions after the effective date of this chapter. Construction, installation and operation of electric power, communication and signal lines and equipment shall comply with the Wisconsin State Electrical Code designated as ch. PSC 114. The exemptions referred to in this rule are not applicable to requirements of the Wisconsin State Electrical Code.

RR 2.14 History History: Cr. Register, February, 1965, No. 110, eff. 3-1-65; renum. from PSC 82.01 and am. Register, October, 1982, No. 322, eff. 11-1-82.

RR 2.15 RR 2.15 Clearances.

RR 2.15(1) (1) The horizontal clearance between the centers of adjacent and parallel tracks shall not be less than 14 feet.

RR 2.15(2) (2) Except for railroad passenger platforms and railroad freight platforms, no structure shall be constructed or reconstructed on either side of any railroad track less than 8 feet 6 inches from the track center line; and a clear and unobstructed working space shall be maintained on both sides of any railroad track, not less than 8 feet 6 inches from the track center line.

RR 2.15(3) (3) Platforms at passenger stations used for loading and unloading passengers, baggage, mail, and express may be constructed and maintained as follows:

RR 2.15(3)(a) (a) Such a platform which is not higher than 4 inches above the top of the rail shall be not less than 4 feet 6 inches from the center line of the adjacent track;

RR 2.15(3)(b) (b) Such a platform which is more than 4 inches but not higher than 8 inches above the top of the rail shall be not less than 5 feet 1 inch from the center line of the adjacent track;

RR 2.15(3)(c) (c) Such a platform which is more than 8 inches but not higher than 1 foot 9 inches above the top of the rail shall be not less than 6 feet from the center line of the adjacent track;

RR 2.15(3)(d) (d) Such a platform which is higher than 1 foot 9 inches above the top of the rail of a main track shall be not less than 8 feet from the center line thereof.

RR 2.15(4) (4) Railroad freight platforms not more than 5 feet in height above the top of rail may be constructed with a clearance of not less than 6 feet 4 inches from the track center line of railroad tracks other than main line, yard lead, or industrial lead tracks, provided a clear and unobstructed working space of not less than 8 feet 6 inches from the track center line is maintained on the side of the track opposite such platforms.

RR 2.15(5) (5) The minimum clearances standards in subs. (1) through (4) are for straight tracks and these minimum clearances shall be increased 1 inch for each degree of curvature when the track or tracks are curved.

RR 2.15(6) (6) No structure which is less than 22 feet above the top of rail shall be constructed or reconstructed over a railroad track or over the area 8 feet 6 inches from the track center line on each side of a railroad track.

RR 2.15 History History: Renum. from PSC 82.02, 82.03, 82.04 and 82.05 and am. (5), Register, October, 1982, No. 322, eff. 11-1-82.

RR 2.16 RR 2.16 Exemptions.

RR 2.16(1) (1) Materials used by a railroad for repair or construction just prior to and during the period such work is in progress, and railroad structures and facilities necessary for the operations of trains for which it is impracticable to provide the minimum clearances, are exempted from the provisions of s. RR 2.15 (2) to (5).