Chapter RR 2

Register February 1999 No. 518

Chapter RR 2

RAILROADS

RR 2.001   Definition.

RR 2.01   Direct charges — general.

RR 2.02   Direct charges for salaries.

RR 2.03   Direct charges for traveling expense.

RR 2.04   Procedure for billing and collection of direct charges.

RR 2.05   Forms — general.

RR 2.06   List of forms.

RR 2.07   Number crossings.

RR 2.08   Crossing changes.

RR 2.09   Plans.

RR 2.10   Maintenance.

RR 2.11   Maintenance reimbursement.

RR 2.12   Initial reports.

RR 2.13   Monthly reports.

RR 2.14   Railroad clearances—general.

RR 2.15   Clearances.

RR 2.16   Exemptions.

RR 2.17   Motor vehicles—general.

RR 2.18   Rear compartments.

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].