reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 190 - Railroads; organization and management. › 190.11 - Railroad conveyances, how executed and filed.

190.11
Railroad conveyances, how executed and filed.
(1)
Every conveyance or lease, deed of trust, mortgage or satisfaction thereof made by any railroad corporation shall be executed and acknowledged in the manner in which conveyances of real estate by corporations are required to be to entitle the same to be recorded, and shall be filed with and maintained by the office of the commissioner of railroads, which shall endorse thereon “filed" and the date of filing.
(2)
A record of filing under sub. (1) shall from the time of reception of the instrument have the same effect as to any property in this state described therein as the record of any similar instrument in the office of a register of deeds has as to property in his or her county, and shall be notice of the rights and interest of the grantee, lessee or mortgagee by such instrument to the same extent as if it were recorded in all of the counties in which any property therein described may be situated.
(3)
The office of the commissioner of railroads shall collect a fee of $1 per page filed under sub. (1). All fees received under this subsection shall be credited to the appropriation account under s. 20.155 (2) (g).
(4)
The office of the commissioner of railroads shall collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after the fee is collected, shall remit that fee to the department of administration for deposit in the general fund. Sections 77.21, 77.22 and 77.25 to 77.27 apply to the fee under this subsection.
History:  1981 c. 20; 1985 a. 29; 1991 a. 39; 1993 a. 412; 1995 a. 27; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 190 - Railroads; organization and management. › 190.13 - Report to stockholders.

190.13
Report to stockholders.
Every railroad corporation shall make an annual report to its stockholders of its operations for the preceding calendar year, or for its fiscal year, as the case may be, which report shall contain a balance sheet showing its assets and liabilities, its capital stock, and funded debt, and an income account showing its operating revenues, operating expenses, gross and net income, as the result of its traffic or business operations, and such other information in respect of its affairs as the board of directors shall deem advisable. A copy of each such report shall be kept on file in its principal office in this state, shall be mailed to each stockholder whose post-office address is known and shall be filed with the office of the commissioner of railroads.
History:  1977 c. 29 s. 1654 (9) (e); 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 1995 a. 27, 216.
2023 Wisconsin Statutes & Annotations › Chapter 190 - Railroads; organization and management. › 190.14 - Inspection of books.

190.14
Inspection of books.
The official custodian of the books, records and papers or other property of every railroad corporation shall keep the same in his or her possession and at all times during business hours have the same ready to be exhibited to any officer, director or any committee appointed by the stockholders, representing one-tenth of all the subscribed stock, on request, and furnish them or either of them transcripts from the records or proceedings of the board of directors, under the custodian's official hand and seal, on the payment to the custodian of the same fee as that required by law to be paid to the register of deeds for transcripts. The official custodian shall on vacating the office of official custodian make over all such books, records, papers and property of the railroad corporation in the custodian's possession to the custodian's successor in office, and where no successor has been elected to the board of directors, or to the person appointed therefor by the stockholders.
History:  1993 a. 482.
2023 Wisconsin Statutes & Annotations › Chapter 190 - Railroads; organization and management. › 190.15 - Right-of-way through public lands.

190.15
Right-of-way through public lands.
The commissioners of public lands may sell and convey to any railroad corporation, for the compensation and upon the terms that the commissioners may fix, a strip of land 100 feet wide, or more, if needed, through lands owned by the state that the commissioners have power to sell, and across which a railroad has been or shall be located or constructed. The railroad corporation shall, as soon as the route of its road is definitely fixed, deposit in the office of the commissioners of public lands a plat exhibiting all of the affected public lands and the location of the route through the affected public lands. The railroad corporation shall have no right to take or use any of the affected public lands prior to depositing the plat. Every deed or patent for any lands conveyed to a railroad corporation under this section shall contain an express reservation unto the state of the title of the lands conveyed except as to the use of the lands by the railroad corporation or its successors or assigns for railroad purposes.
History:  1993 a. 490; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 190 - Railroads; organization and management. › 190.16 - Industrial spur tracks.

190.16
Industrial spur tracks.
(2)
Municipal consent. No spur tracks shall be constructed across, or upon any street, road or alley, within any city, village or town, until application therefor shall have been made to and acted upon by such city, village or town. The city may prescribe any reasonable terms and conditions for the construction of any such spur track. Construction of spur tracks across or upon any street, road, or alley is subject to the provisions of ch. 195.
(5)
Removal, when. When a spur track has been abandoned, as defined in s. 85.09, the office, after hearing held upon notice to all parties interested and for good cause shown may order the removal of the track except that, if no objection has been filed with the office within 20 days from the original notice, the office may without hearing authorize the removal of the track.
History:  1973 c. 157; 1977 c. 203; 1981 c. 347 s. 80 (1); 1993 a. 16, 123, 246, 482, 490; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.01 - General provisions.

191.01
General provisions.
(1)
Scope of this chapter. This chapter applies to all railroads.
(2)
Construction, certificate from office prerequisite. No railroad corporation shall begin the construction of any proposed line of railroad in this state until it shall have obtained from the office a certificate that public convenience and a necessity require the construction of the railroad, and the certificate shall constitute the license from this state to the company to build its proposed railroad.
History:  1981 c. 347 s. 80 (1); 1981 c. 390; 1985 a. 187; 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.03 - Articles; publication prerequisite to certificate.

191.03
Articles; publication prerequisite to certificate.
No railroad corporation shall make application for a certificate unless it has caused a copy of its corporate articles to be published as a class 2 notice, under ch. 985, in each county in which the railroad is proposed to be located within 6 months next prior to the time of making such application, and files satisfactory proof thereof with the office.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.05 - Maps and profiles with application; changes.

191.05
Maps and profiles with application; changes.
Complete maps and profiles of the proposed railroad shall be filed with the application for a certificate of convenience and necessity. The office may permit errors, omissions or defects in the application, maps and profiles to be supplied or corrected, and permit changes in the proposed route to be made.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.06 - Railroad extensions; certificate and notice necessary.

191.06
Railroad extensions; certificate and notice necessary.
If any railroad company organized prior to July 1, 1907, shall desire to extend its lines in this state or to build branches connected therewith, or to construct any portion of its authorized line of railroad, it shall, before beginning construction thereof, obtain a certificate of convenience and necessity authorizing the construction; but it shall not be necessary to publish the articles of such railroad.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.07 - Hearing of applicants; notice.

191.07
Hearing of applicants; notice.
Upon receiving such application the office shall set a time and place for a hearing, which time shall not be less than 3 weeks nor more than 8 weeks from the date of filing the application, and the place shall be at the city of Madison, or at some place along the line of the proposed railroad, if the office deems the latter more convenient, and shall give to the applicant notice thereof, which notice shall be published by the applicant, as a class 2 notice, under ch. 985, in each county in which the railroad, extension or branch is proposed to be located, and proof of such publication shall be filed with the office.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.09 - Procedures under this chapter.

191.09
Procedures under this chapter.
(1)
Before the office. The provisions of ch. 195 relating to the subpoenaing of witnesses, the production of books, documents and papers, the administration of oaths, punishment for disobedience of an order of the office of the commissioner of railroads, or of a subpoena, or for refusal of a witness to be sworn or to testify, witness fees, taking depositions, the keeping of a record of the proceedings, the taking of testimony, transcribing the evidence, or relating to the procedure before the office not inconsistent with this chapter shall apply to all proceedings under this chapter.
(2)
Court review of orders. Orders of the office under this chapter shall be subject to review in the manner provided in ch. 227.
History:  1981 c. 347 ss. 27, 80 (1); 1981 c. 390; 1993 a. 16, 123; 1995 a. 417.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.10 - Certificate of necessity.

191.10
Certificate of necessity.
(1)
Issuance, filing, recording, condemnation. If the office of the commissioner of railroads finds that the proposed railroad would be a public convenience and that a necessity requires its construction, the office of the commissioner of railroads shall enter an order to that effect and issue to the applicant a certificate that public convenience and a necessity require the construction of the railroad as proposed. The certificate shall be filed in the office of the department of financial institutions and the department of financial institutions shall approve the map showing the route of the railroad. The applicant shall record the map certified by the office of the commissioner of railroads in the office of the register of deeds in each county in which the railroad shall be located. The filing of the certificate with the department of financial institutions and the recording of the map, as above provided, are conditions precedent to the right of the applicant to institute condemnation proceedings.
(2)
Certificate for part of line. Whenever it shall appear to the office that public convenience and a necessity do not require the construction of the railroad as proposed in the application, but do require the construction of a part thereof, the office may issue a certificate for the construction of such part of the railroad as public convenience and necessity require.
(3)
Refusal of certificate; renewal of application. If the office shall determine that the proposed railroad is not a necessity or is not required by public convenience, the office shall by order refuse to grant a certificate, stating the reasons for the refusal. The application may be renewed after 2 years from the date of the refusal, but not sooner.
History:  1981 c. 347 ss. 28, 80 (1); 1993 a. 16, 123, 301, 491; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.11 - Revocation of certificate.

191.11
Revocation of certificate.
If any railroad company after obtaining a certificate that public convenience and a necessity require the construction of the whole or part of its railroad fails to begin construction within one year from the date of the certificate, or having begun such construction, fails to prosecute the same, the office may inquire into the reasons for such failure and may revoke the certificate, if the office finds, after notice and hearing, that such failure is unreasonable.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.16 - Construction items submitted to office.

191.16
Construction items submitted to office.
Upon receiving the certificate of public convenience and necessity, the applicant shall before commencing construction submit to the office a condensed specification of the character of construction that the applicant proposes to install, showing the kind, quality and weight of the rail proposed to be used, the mode of construction, character, quality, and strength of all bridges, culverts and viaducts, the abutments and approaches proposed to be built, the grade of and proposed method of draining the roadbed, and the kind of power to be used and the plant and appliances to be employed in power production, and such other facts relating to the construction of the proposed railroad as the office requires.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.17 - Public safety; investigation; approval of plans.

191.17
Public safety; investigation; approval of plans.
Upon receiving the specification required by s. 191.16, the office shall examine the same and shall hear the applicant in support thereof, shall suggest and require modifications of the specification if the public safety so demands, eliminating so far as may be practicable, consistent with reasonable cost, all grade crossings of public highways, shall inspect the route of the proposed railroad if deemed desirable, and shall otherwise investigate and determine that the proposed construction will be adequate for securing public safety in the operation of the railroad, and thereupon the office shall enter an order approving the specification and authorizing the construction of the railroad in accordance therewith and with the provisions of ch. 195.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.19 - New roads; report; inspection; protective appliances.

191.19
New roads; report; inspection; protective appliances.
(1)
Upon the completion of the construction of any railroad under the approved specification, the company shall, before operating the same for public service, report to the office; and the office shall inspect the work. If the office finds that the railroad has been constructed in accordance with the approved specification and with the provisions of ch. 195 and is otherwise suitable and properly constructed so as to secure public safety in the operation thereof, the office shall enter an order authorizing its operation, which order shall be presumptive evidence of the sufficiency of such construction.
(2)
Said order shall specify in general terms the methods and conditions of such operation and it shall not be lawful for any such railroad to be operated till such order has been granted.
(3)
If upon inspection the office shall deem that public safety requires the installation, operation and maintenance of some protective appliance at any grade crossing of railroad tracks the office may, before granting the order, after notice and hearing under s. 195.28, require the installation, operation and maintenance of suitable protective appliances, and shall apportion the expense of constructing, maintaining and operating such protective appliances among the owners of the tracks.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.20 - Railroad routes; right to alter.

191.20
Railroad routes; right to alter.
Every railroad company may, by the vote of two-thirds of its directors, alter or change the route of its railroad, by making and filing with the office of the commissioner of railroads and also by recording in the office of the register of deeds of the county or counties where the alteration or change is to be made, a surveyed map and certificate of the alteration or change. The alteration or change may not deviate from the original route for a greater distance than one mile at any point. No city or village may be left off the railroad by the change of route. The original end points of the railroad, or the route in any city or village, shall not be changed without the approval of the office of the commissioner of railroads after notice to the municipality.
History:  1979 c. 110; 1981 c. 347; 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 191 - Railroads; construction. › 191.21 - Notices in counties without newspapers.

191.21
Notices in counties without newspapers.
If no newspaper is published in any county in which a railroad is proposed to be located, the publications required by this chapter may be made in such manner and at such places as the office shall designate.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.001 - Definitions.

192.001
Definitions.
In this chapter:
(1m)
“Department" means the department of transportation.
(2)
“Office" means the office of the commissioner of railroads.
History:  1977 c. 29; 1981 c. 347; 1983 a. 189; 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.17 - Arrest of passenger; police power of conductors.

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.
History:  1993 a. 482.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.25 - Railroad train crews.

192.25
Railroad train crews.
(1)
In this section:
(a)
“Certified railroad locomotive engineer" means a person certified under 49 CFR 240 as a train service engineer, locomotive servicing engineer or student engineer.
(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.
(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.
(3)
(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.
(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.
(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.
History:  1997 a. 42.
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).
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.27 - Connecting tracks and switching.

192.27
Connecting tracks and switching.
(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.
(2)
Any railroad corporation neglecting or refusing to comply with the provisions of this section shall forfeit not less than $25 nor more than $100 for each offense. Each day that the violation continues shall constitute a separate offense.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.29 - Train bells and crossing signs at street and highway crossings.

192.29
Train bells and crossing signs at street and highway crossings.
(3)
Bell to ring, municipal authority.
(a)
No railroad train or locomotive shall run over any public traveled grade crossing within any city or village, except where gates are operated, or a flagman is stationed, unless the engine bell shall be rung continuously within 330 feet of the crossing and until the crossing is reached.
(b)
Flagmen or gates shall be placed and maintained, or such mechanical safety appliances shall be installed upon such public traveled grade crossings in villages and cities as the city or village authorities and the railroad company may by agreement decide; such agreement may include the apportionment of the cost of installation of such mechanical devices.
(4)
Highways; bell. No railroad train or locomotive shall run over any public traveled grade highway crossing outside of the limits of municipalities unless the engine bell shall be rung continuously from 1,320 feet before the crossing until the crossing is reached. But the office may order that the ringing of the bell as required by this subsection shall be omitted at any crossing.
(5)
Railroad crossing and yield signs.
(a)
Wherever its track crosses a public highway or street, every railroad corporation shall maintain on each side of the track a highway-rail-grade crossing sign, commonly known as a crossbuck sign, that conforms with the manual of uniform traffic control devices adopted by the department under s. 84.02 (4) (e).
(b)
No later than July 1, 2007, at every railroad crossing at which a railroad corporation is required to maintain a sign described in par. (a) and that is not controlled by a gate, automatic signal, or official stop sign, the railroad corporation shall install and maintain, below the sign described in par. (a), a yield sign that conforms with the manual of uniform traffic control devices adopted by the department under s. 84.02 (4) (e).
(6)
Contact information at private crossings. A railroad company shall make a notice containing a telephone number at which a person may contact the company available to private landowners at each private traveled grade crossing at the request of the private landowner. The notice shall be large enough to be visible from the crossing.
History:  1977 c. 29 ss. 1654 (8) (b), (9) (e), 1656 (43); 1977 c. 116; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 1997 a. 254; 2005 a. 95, 179; 2013 a. 219.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.292 - Trains obstructing highways.

192.292
Trains obstructing highways.
It shall be unlawful to stop any railroad train, locomotive or car upon or across any highway or street crossing, outside of cities, or leave the same standing upon such crossing longer than 10 minutes, except in cases of accident; and any railroad company that shall violate this section shall be liable to a fine of not more than $500 or any officer of such company responsible for the violation shall be liable to imprisonment of not more than 15 days.
History:  2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.295 - Willful neglect of railroad employees.

192.295
Willful neglect of railroad employees.
Any officer, agent, conductor, engineer or employee of any railroad company operating within this state who willfully neglects or omits to ring or cause to be rung the bell on the engine of any train of cars or on an engine alone, as required by s. 192.29 (3) and (4), shall forfeit $100.
History:  1983 a. 501; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.31 - Telltales over railroads.

192.31
Telltales over railroads.
(1)
(a)
Telltales shall not be required except to the extent required under federal law and except as provided in par. (b).
(b)
If the office finds that the absence of a telltale would create an unreasonable risk of harm to the public or a railroad employee on a railroad not under the jurisdiction of the federal railroad administration, the office may enter an order requiring the installation of a telltale. A telltale shall be ordered by the office according to the hearing procedure provided under sub. (4).
(2)
The office may determine the materials for and the construction and placing of such telltales.
(3)
After December 31, 1993, no overhead structure shall be constructed or reconstructed, not including ordinary repairs necessary for maintenance, which shall have a vertical clearance of less than 23 feet above the top of rail, except as provided in sub. (4).
(4)
Upon finding that any such structure will not imperil life or limb, and that the public interest requires or permits such structure to be constructed or reconstructed otherwise than as permitted by sub. (3), the office may exempt such structure from such provision. Such findings shall be made only upon written application, setting forth fully the grounds therefor and shall be made only after public hearing held upon notice to all interested parties except that, if no objection is filed with the office within 20 days of the notice, the office may require the installation of a telltale without hearing. The findings and order requiring the installation of a telltale shall be in writing and contain complete provisions and requirements as to the vertical clearance to be maintained in such construction or reconstruction. Such structure shall be constructed or reconstructed only in compliance with such order.
(5)
Prior to July 1, in each year every corporation operating a railroad within the state shall file with the office a verified statement showing the location of every such bridge or other structure over any of its tracks at a height of less than 23 feet above the top of rail, together with a statement showing whether or not the provisions of this section have been fully complied with.
(6)
An employee of a railroad corporation who is injured by or because of the existence of any bridge, or other structure over, above or across any of the tracks of said railroad at a height less than that provided in this section, which has not been protected by telltales, shall not be considered to have assumed the risk of such injury, although the employee continues in the employ of such corporation after the existence of such unguarded structure has been brought to the employee's knowledge.
History:  1981 c. 347 s. 80 (1); 1983 a. 192; 1993 a. 16, 123, 482; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.32 - Trespassing on railroad.

192.32
Trespassing on railroad.
(1)
No person, other than a licensee, authorized newspaper reporter or person connected with or employed upon the railroad, may walk, loiter or be upon or along the track of any railroad. The provisions of this subsection shall not be construed to do any of the following:
(a)
To interfere with the lawful use of a public highway by any person.
(b)
To prevent any person from driving across any railroad from one part of that person's land to another part thereof.
(d)
To interfere with the use of the right-of-way or track by any person in connection with, either directly or indirectly, the shipping, loading or unloading of freight, seeking employment, the investigation or securing of evidence with respect to any accident or wreck or in conducting or transacting any other business for or with the railroad.
(e)
To interfere with the entry of any employee during or on account of labor disputes by employees.
(2)
Each railroad corporation shall post notices containing substantially the provisions and penalties of this section, in one or more conspicuous places in or about each railroad station.
History:  1993 a. 482, 490; 1997 a. 254; 2001 a. 38; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.321 - Getting on and off cars.

192.321
Getting on and off cars.
Any person who shall get upon, attempt to get upon, cling to, jump or step from any railroad car or train while the same is in motion shall forfeit not less than $100 nor more than $200, provided that this section shall not apply to the employees of any railroad company.
History:  2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.324 - Railroad bridges to be safe for employees.

192.324
Railroad bridges to be safe for employees.
Whenever a complaint is lodged with the office by any person to the effect that a railroad bridge because of its style of construction does not have walks or railings and for that reason is dangerous to the life and limb of railroad employees and the safety of such employees requires the alteration so as to provide for such walks and railings of such bridge, the office shall give notice to the party in interest, other than the complainant, of the filing of the complaint and furnish such party with a copy thereof, and order a hearing thereon, in the manner provided for hearings in s. 195.31. The office may proceed in a similar manner in the absence of a complaint when, in the opinion of the office, the safety of railroad employees requires the alteration of a railroad bridge. After the hearing, the office shall determine what alteration, if any, of such bridge, shall be made. The expense of such alteration shall be borne by the railroad company.
History:  1977 c. 29 s. 1654 (9) (e); 1981 c. 347 s. 80 (1); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.327 - Motor vehicles of railroads used to transport its employees.

192.327
Motor vehicles of railroads used to transport its employees.
(1)
As used in this section, unless the context requires otherwise:
(b)
“Motor vehicle" means any vehicle which is self-propelled.
(c)
“Owner" means any person having the lawful use or control of a motor vehicle as holder of the legal title of the motor vehicle or under contract or lease or otherwise.
(d)
“Place of employment" means that location where one or more workers are actually performing the labor incident to their employment.
(e)
“Worker" means an individual employed for any period in any work for which the individual is compensated, whether full or part time.
(2)
Every motor vehicle provided by a railroad company and used to transport one or more workers to and from their places of employment or during the course of their employment shall be operated by a driver who satisfies the minimum standards for drivers established by the department.
(3)
The office shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment or during the course of their employment.
(4)
Before formulating such rules, the office shall conduct hearings under ch. 227 and invite the participation of interested groups. These groups may make suggestions relating to the minimum standards to be embodied in the rules. The office may consider the suggestions prior to the issuance of any rules.
(5)
The office may amend the rules at any time upon its own motion after due notice to interested parties.
(6)
The office may, in enforcing the rules, inspect any motor vehicle used to transport workers to and from their places of employment or during the course of their employment. Upon request of the office, the department shall direct its traffic officers to assist the office in those inspections.
(7)
Whenever the office finds that a motor vehicle used to transport workers to and from their places of employment or during the course of their employment violates any provision of the rules, the office shall make, enter and serve upon the owner of the motor vehicle such order as may be necessary to protect the safety of workers transported in the motor vehicle.
(8)
Any railroad company willfully failing to comply with an order issued under sub. (7), may be fined not to exceed $500.
History:  1977 c. 29 ss. 1299, 1654 (7) (a), (e), (9) (e); 1981 c. 347 s. 80 (1); 1993 a. 16, 123, 482.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.33 - Fences, cattle guards, crossings.

192.33
Fences, cattle guards, crossings.
(1)
Subject to s. 190.09, every corporation operating any railroad shall erect and maintain on both sides of its railroad, depot grounds excepted, sufficient fences with openings or gates or bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands adjoining and shall maintain cattle guards at all highway crossings, outside of municipalities, and connect their fences therewith. This section shall not apply to that part of the railroad where sidetracks or switch tracks are used in cities of the 1st class.
(2)
All fences and cattle guards required under sub. (1) shall be made within one month from the time of commencing to operate the railroad right-of-way, so far as operated. Until the required fences and cattle guards are made, the railroad corporation owning or operating the right-of-way shall be liable for all damages done to domestic animals, or persons on the right-of-way, occasioned in any manner, in whole or in part, by the want of the required fences or cattle guards. After the required fences and cattle guards are constructed the railroad conformations liability shall not extend to damages occasioned in part by contributory negligence, nor to defects existing without negligence on the part of the corporation or its agents.
(3)
The sufficiency of fences shall be determined according to ch. 90; but nothing in this section shall render any fence insufficient which was a legal or sufficient fence when built.
(4)
No fence shall be required in places where ponds, lakes, watercourses, ditches, hills, embankments or other sufficient protection renders a fence unnecessary to prevent domestic animals from straying upon the right-of-way.
(5)
The maintenance of cattle guards may be omitted by the railroad company with the written consent of the office specifying the particular crossings.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123, 490; 1997 a. 254; 2005 a. 179.
A trespasser was not a member of the class protected by this section. Anderson v. Green Bay & Western Railroad, 99 Wis. 2d 514, 299 N.W.2d 615 (Ct. App. 1980).
“Farm crossings" are not limited to farms, but are all crossings used by occupants of land rather than highway crossings and entail limited private use for which safeguards are unnecessary. Sixmile Creek Associates Inc. v. Chicago & North Western Transportation Co. 178 Wis. 2d 237, 504 N.W.2d 348 (Ct. App. 1993).
There is no obligation to maintain a fence on a railroad right-of-way when it is being used as a recreational trail and not to operate a railroad. May v. Tri-County Trails Commission, 220 Wis. 2d 729, 583 N.W.2d 878 (Ct. App. 1998), 97-0588.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.34 - Fences; complaint of insufficient; hearing; order.

192.34
Fences; complaint of insufficient; hearing; order.
Upon complaint by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating the line has failed to construct or keep in good repair fences along its right-of-way opposite to the complainant's land as required under s. 192.33, the office shall proceed on the complaint in the manner provided in s. 195.04. If it shall appear that the complaint is well founded, the office may order and direct the railroad company to repair the complained of fences so that the fences will be sufficient or to construct legal fences.
History:  1981 c. 347 s. 80 (1); 1993 a. 16, 123; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.35 - Interference with fences; trespassers on track.

192.35
Interference with fences; trespassers on track.
(1)
Any person who does any of the following shall forfeit not less than $10 nor more than $50 and, in addition, be liable to the party injured for all damages resulting from the act or omission:
(a)
Willfully takes down, opens or removes any railroad fence, cattle guard or crossing, in whole or in part.
(b)
Allows a railroad fence, cattle guard or crossing to be taken down, opened or removed.
(c)
Having lawfully taken down bars or opened gates in a railroad fence for the purpose of passing through the fence, does not immediately replace the bars or close the gate.
(2)
Any person who without the consent of the party owning or having control of the road rides, leads or drives any horse or other animal upon a fenced railroad right-of-way, or who rides, leads or drives any horse or team lengthwise of an unfenced railroad track, other than at the farm crossings or upon depot grounds or where the track is laid along or across a public highway shall, for each occurrence, forfeit not more than $10, to the party owning or having control of the railroad right-of-way, and shall also pay all damages that shall be sustained by the aggrieved party.
History:  1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.36 - Fences, occupant of land may build or repair.

192.36
Fences, occupant of land may build or repair.
(1)
Whenever a railroad corporation fails to build or repair any fence, which the law requires it to erect, the owner or occupant of the land adjoining may, between April 1 and October 1, give notice in writing to the railroad corporation to build the fence within 60 days, or repair the fence within 30 days, after service of the notice.
(2)
The notice under sub. (1) shall describe the land on which the fence is required to be built or repaired. Service of the notice may be made by delivering the notice to any station agent of the railroad corporation.
(3)
In case the railroad corporation fails to build or repair the fence within the required time, the owner or occupant of the adjoining land may build or repair the fence and recover from the railroad corporation the cost of building or repairing with interest at the rate of 1 percent per month from the time that the fence shall have been built or repaired.
History:  1997 a. 254; 2009 a. 177.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.37 - Fences, farm crossings; railroads to provide.

192.37
Fences, farm crossings; railroads to provide.
(1)
Whenever any corporation operates a railroad through enclosed lands and fails to construct the fences, farm crossings or cattle guards required by law, proper for the use of the enclosed lands, the owner or occupant of the lands may give notice to the railroad corporation of its failure to construct the necessary fences, farm crossings and cattle guards on the owner's or occupant's enclosed lands.
(2)
The notice under sub. (1) shall meet all of the following requirements:
(a)
It shall be in writing, signed by the owner or occupant of the enclosed lands.
(b)
It shall contain a description of the owner's or occupant's enclosed lands.
(c)
It shall be served in the manner provided for the service of summons in the circuit court.
(3)
If a railroad corporation, after being notified under this section, neglects for 3 months to construct the necessary fences, farm crossings and cattle guards on the lands described in the notice, it shall be liable to pay to the owner or occupant of the described lands $10 for each day after the expiration of the 3 months until the necessary fences, farm crossings and cattle guards are constructed. No time between November 1 and April 1 shall be included in the calculation of the 3-month period under this subsection.
History:  1993 a. 482; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.43 - Liability of carrier of passengers made absolute.

192.43
Liability of carrier of passengers made absolute.
No contract, receipt, rule, or regulation shall exempt any corporation or person engaged in transporting persons for hire, within this state, from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, or regulation, been made.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.44 - Fires; railroad liability; action for damages.

192.44
Fires; railroad liability; action for damages.
(1)
Each railroad corporation owning or operating a railroad shall be liable to the owner of property injured or destroyed by fire communicated directly or indirectly by locomotives in use upon such railroad, or by the burning of grass, weeds or rubbish on the right of way by employees of such corporation; and such railroad corporation may procure insurance in its own behalf for its protection against such liability.
(2)
To recover such damages, it shall only be necessary for the owner to prove the loss of or injury to the owner's property, and that the fire originated in the manner hereinbefore stated.
History:  1993 a. 482.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.47 - Railroad police; oath; powers.

192.47
Railroad police; oath; powers.
Any railway company may, at its own expense, appoint and employ railroad police officers at the stations or other places on the line of its road within this state as it deems necessary for the protection of its property and the preservation of order on its premises and in and about its cars, depots, depot grounds, yards, buildings or other structures. Each police officer shall take an oath to support the constitution of the United States and claiming to be a citizen of the United States and shall file it with the office. Each police officer shall, when on duty, wear a shield furnished by the company bearing the words “Railroad Police" and the name of the company. These police officers may arrest, with or without warrant, any person who in their presence commits upon the premises of the company or in or about its cars, depots, depot grounds, yards, buildings or other structures any offense against the laws of this state or the ordinances of any town, city or village, and shall also have the authority of sheriffs in regard to the arrest or apprehension of these offenders in or about the premises or appurtenances. In case of the arrest, by a railroad police officer, of any person without warrant the officer shall immediately take the offender before a judge having jurisdiction and make complaint against the offender. Every railway company shall be responsible for the acts of its police officers.
History:  1981 c. 347; 1985 a. 135; 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.52 - Terminals and shops, removal.

192.52
Terminals and shops, removal.
(1)
(a)
The term “shops" shall mean and embrace plants and locations where railroads engage in the general work of repairing, painting, overhauling or constructing locomotives, cars, coaches and other rolling stock and appurtenances thereto.
(b)
The word “terminal" as employed in this section shall mean where trains are customarily and normally made up, or where train and engine crews on through trains are normally and customarily changed on the main line of any railroad operating in this state.
(3)
No railroad company operating in this state shall remove its shops from the place where the same are now located to any other point within or without this state or permanently close any shops in this state without first having secured the consent and permission of the office for such removal, after due notice and public hearing, and in all other respects as provided for hearings in ch. 195. The office shall render its decision within 30 days after such hearing.
(4)
No railroad company operating in this state shall remove or transfer its terminals or permanently close any terminals in this state without the permission or consent of the office after due hearing had on the matter, in compliance with ch. 195.
(5)
Before any railroad company operating in this state shall make any removal or transfer of shops or terminals or abandons the same, it shall file notice of intention so to do with the office, and the office shall have the power to investigate whether such proposed removal, transfer or abandonment, as the case may be, is in the public interest and is not unreasonable or unfair as to the employees of such railroad company. No such removal or transfer shall be made during such investigation, or thereafter, if the office finds such removal, transfer or abandonment is not in the public interest or is unreasonable or unfair as to the employees of such railroad.
History:  1971 c. 164 s. 88; 1977 c. 29 s. 1654 (9) (e); 1981 c. 347 s. 80 (1); 1983 a. 189; 1993 a. 16, 123; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 192 - Railroads; regulations and liabilities. › 192.54 - General penalty for this chapter.

192.54
General penalty for this chapter.
If any railroad corporation, its officers, agents or servants violate or fail to comply with any provision of this chapter the corporation shall, for every violation or failure, unless some other penalty is specifically provided, forfeit not less than $10 nor more than $1,000, and be liable to the person injured for all damages sustained thereby.
History:  1981 c. 390; 1995 a. 225.