Chapter 192, RAILROADS; REGULATIONS AND LIABILITIES

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.

192.005 Scope of chapter. Each provision of this chapter applies only to the extent that it is not contrary to or inconsistent with federal law or the constitution of the United States. History: 2005 a. 179.

192.15 Engine equipment. (1) This section shall apply to all engines or locomotives used in operating a railroad. (2) For purposes of this section: (a) “Cab” means the crew compartment of the engine. (b) “Control unit” means the unit which controls the movement of multiple units.…

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 …

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 succes…

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,…

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 station…

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 rai…

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…

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 railroa…

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 …

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 …

192.324 Railroad bridges to be safe for employees. Whenever a complaint is lodged with the office by any person to 192.33 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 o…

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 selfpropelled. (c) “Owner” means any person having the lawful use or control of a motor vehicle …

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 c…

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 o…

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, ope…

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 …

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 …

192.38 Contracts not affected. Sections 192.33 to 192.37 shall not affect any contract entered into between any railroad corporation and the proprietors and occupants of lands adjoining for the construction and maintenance of gates, bars, cattle guards and railroad crossings.

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 exi…

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…

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 o…

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. (…

192.53 Railroad track clearance. (1) Except as otherwise provided in this section, no building or loading platform shall be constructed nor shall any addition to or reconstruction of an existing building or loading platform, excluding ordinary repairs necessary for maintenance, b…

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 n…

192.55 Special penalties for this chapter. (5) Any corporation or person operating a railroad that shall fail to erect the telltales required by s. 192.31 for the space of 60 days after notice from the office requiring such erection shall forfeit not less than $50 nor more than $…

192.56 Abandoning of railroad stations. (1) It is unlawful for any railroad company owning or operating any railroad in whole or in part in this state, to abandon any station in any town, village or city on its line of railroad, within this state, or to remove the depot therefrom…

192.73 Sale of abandoned rail property after release by state. (1) DEFINITIONS. In this section: (a) “Abandoned rail property” means rail property that is determined to be abandoned as provided in s. 85.09 (3). (b) “Condemnation commission” means the office of the commissioner of…

192.80 Full crew employee rights. No employee of a railroad operating in this state on May 20, 1972, shall be discharged, laid off, furloughed, removed from train or engine service, reduced in monthly earnings, transferred without the employee’s approval or reduced in rank or cla…