Chapter RR 2

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).

RR 2.16(2) (2) Upon written application and after public hearing, the office may grant exemption from the clearances requirements of this chapter upon a finding that the clearances proposed does not imperil life or limb and that public interest requires or permits such clearance. The findings and order granting exemption shall be in writing and shall contain complete provisions and requirements as to the clearances to be maintained.

RR 2.16(3) (3) Wherever any overhead structure or any part thereof is less than 22 feet above the top of the rail, every railroad corporation or industry shall maintain telltales of suitable construction installed over each track at such distances from the obstruction as shall provide adequate security against accident; except that if the office finds that the installation of a telltale at any particular place would be impracticable or would result in any increased hazard to either the public or an employe and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, the office may enter an order providing an exemption from this subsection. Such exemption shall be ordered by the office only after written application and public hearing.

RR 2.16 History History: Cr. Register, February, 1965, No. 110, eff. 3-1-65; renum. from PSC 82.06, Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; am. (1), Register, May, 1996, No. 485, eff. 6-1-96.

RR 2.17 RR 2.17 Motor vehicles—general.

RR 2.17(1) (1) Section RR 2.17 prescribes minimum standards for the transportation of employes by motor vehicles to and from their places of employment and during the course of their employment and shall be observed by all railroads in their operations within the state of Wisconsin.

RR 2.17(2) (2) The intent of the rules will be realized a) by applying the rules in full to all new motor vehicles and related items or equipment when placed in service, b) by applying all except s. RR 2.18 (1), (2), (3), (5), and (6) to existing vehicles, c) by applying all rules where there is major reconstruction of the vehicles and to those parts used as replacements in the partial reconstruction of a vehicle, d) these regulations shall not apply to taxicabs or other vehicles licensed by competent authority to transport the public, and used by a railroad to transport its employes.

RR 2.17(3) (3) All motor vehicles and related items or equipment shall be designed for use in the manner contemplated in these rules.

RR 2.17(4) (4) Motor vehicles and related items or equipment shall be cleaned when necessary and inspected at such intervals as experience has shown to be necessary. Any motor vehicle or related items or equipment found or known to be defective so as to endanger life or property shall be promptly repaired or taken out of service until repairs can be made. Repairs shall be made by competent persons. Compartments for employes shall be kept in a reasonably clean and sanitary condition, and employes shall cooperate in maintaining such conditions.

RR 2.17(5) (5) It is recognized that these regulations cannot cover all contingencies, and accordingly the office may, on application or on its own motion, modify, grant exceptions to, or prescribe higher standards than the rules contained in this chapter.

RR 2.17(6) (6) In times of emergency, if approved vehicles are not available, vehicles not complying with these regulations may be used. An emergency shall be considered as existing when rail traffic has been stopped or disrupted (or where there is a threat of stoppage or disruption) because of derailment, accident, disastrous storm, fire, flood or other similar condition. Ordinarily weather conditions including usual storms especially in winter shall not be considered to call for emergency operation.

RR 2.17(7) (7) As used in these rules, unless the context requires otherwise:

RR 2.17(7)(a) (a) “Employe” means an individual employed for any period in any work for which he is compensated by a rail common carrier.

RR 2.17(7)(b) (b) “Employer” means a railroad common carrier who employs one or more employes.

RR 2.17(7)(c) (c) “Heating facilities” means a hot water radiator type system, or any other generally acceptable form of heating which does not emit nauseous fumes or gases into the vehicle.

RR 2.17(7)(d) (d) “Material” means all items that can be lawfully transported by motor vehicles.

RR 2.17(7)(e) (e) “Motor vehicle” means any vehicle which is self-propelled and designed primarily for highway use, and which may or may not be equipped with retractable flange wheels for operation on railroad tracks.

RR 2.17(7)(f) (f) “Rear compartment” means a crew cab which may be a continuation of the driver’s cab, providing additional seating facilities, or an auxiliary cab located directly behind the driver’s cab.

RR 2.17(7)(g) (g) “Seating facilities” means seats provided for workers other than the driver.

RR 2.17(7)(h) (h) “Tools” means hand or power-driven instruments and machines used in the efficient prosecution of a trade or calling.

RR 2.17 History History: Cr. Register, September, 1970, No. 177, eff. 10-1-70; renum. from PSC 85.01 (2), 85.02, 85.03 (2) to (6), (9) to (11), and am. (1), Register, October, 1982, No. 322, eff. 11-1-82; am. (5), Register, August, 1986, No. 368, eff. 9-1-86; am. (1), (2), Register, May, 1996, No. 485, eff. 6-1-96.

RR 2.18 RR 2.18 Rear compartments.