Wisconsin Administrative Code › Department of Transportation › Chapter Trans 31 - Rail passenger excursions on state-owned rail lines › Section Trans 31.04 - Contents of an application

Current through June 24, 2024
(1) All
			 applications for operation of an excursion train shall contain all of the
			 following:
(a) The name and address of the
			 sponsor and the name and daytime telephone and facsimile number of a
			 representative of the sponsor.
(b)
			 The dates proposed for operation.
(c) All locations to be used for loading and
			 unloading passengers.
(d) The
			 number of trips to be conducted on each day proposed for operation from each
			 loading point.
(e) The specific
			 type of motive power for railroad equipment to be used, for example, steam,
			 diesel or gas.
(f) The policy
			 concerning advance sale of tickets, including cancellation and
			 refund.
(g) The proposed maximum
			 speed of operation.
(h) A certified
			 statement from the operator, or from the sponsor if there is not an operator,
			 that states all of the following:
1. The track
			 to be used is in compliance with the FRA track safety standards for class 1
			 track, or track rehabilitated to a higher standard.
2. All active grade-crossing warning devices
			 are functional and can be operated by the equipment proposed to be used unless
			 BR&H waives this requirement in writing on the permit.
3. All on-going track, signal and equipment
			 inspections will be performed as required, and current FRA roadway worker
			 safety rules are enforced at all times.
4. The equipment and bridges to be used are
			 in compliance with applicable FRA requirements, state laws and this
			 chapter.
5. Other powered or
			 non-powered vehicles operating as excursion trains are in compliance with the
			 North American railcar operators association latest book of rules, and motorcar
			 inspection reports for each vehicle are available.
6. All at-grade crossings are in full
			 compliance with the requirements in s.
			 195.29(6),
			 Stats.
(i) A copy of the
			 certificate of insurance evidencing general liability coverage in the minimum
			 amount of $5 million. The certificate shall name the department and commission,
			 if any, as additional insureds.
Note: An operator may require additional insurance.
(j) A description of the sponsor's
			 plans for handling all of the following:
1.
			 Parking, including written authorization to use any publicly or privately-owned
			 property.
2. Cleanup of parking,
			 loading and unloading areas.
3.
			 Medical emergencies which may arise during the excursion.
4. Continued maintenance of track, bridges,
			 warning devices and equipment.
5.
			 Control of vegetation.
6. Service
			 and storage of railroad equipment on state-owned railroad property.
7. Environmental protection and clean-up
			 procedures, including petroleum spills and scrap tie disposal.
8. Handling and disposal of human waste.
			 Human waste may not be discharged onto the track.
(k) Evidence of the ability to refund advance
			 ticket sales by one of the following means:
1.
			 An escrow account with a Wisconsin financial institution for the deposit of all
			 advance ticket sales.
2. A
			 financial instrument from a Wisconsin financial institution in an amount
			 sufficient to refund the expected advance payments for service in the event
			 that the excursion is not operated for any reason.
3. Sponsors who are municipalities may
			 provide a written record of an official action of the municipality's governing
			 body assuming the obligation to make refunds when necessary, in lieu of an
			 escrow account or a financial instrument.
(l) The appropriate fee specified in s.
			 Trans
			 31.03(3).
(m) An operator's statement that it concurs
			 with the proposed operation, if the sponsor is not the operator.
(n) A statement that the operator and sponsor
			 agree to pay any claim for any bodily injury or property damage resulting from
			 operation under the permit for which the operator or sponsor are legally
			 responsible; and that the operator and sponsor will indemnify and hold harmless
			 the state, its subdivisions, officers, employees and agents from any claim
			 which may arise from operation under the permit.