Chapter 195 — RAILROAD AND WATER CARRIER REGULATION

195.001 Definitions. In this chapter: (1m) “Department” means the department of transportation. (2) “Office” means the office of the commissioner of railroads. (2m) “Railroad historical society” means a nonprofit historical society that operates railroad locomotives and rolling s…

195.02 Definitions, scope of chapter, application of statute. (1) In this chapter, unless a different meaning is manifest: “Railroad” means and embraces all corporations, companies, individuals, associations, their lessees, trustees or receivers that own, operate, manage or contr…

195.03 Office; powers and duties, general enumeration. (1) PRACTICE RULES. The office may take testimony and administer oaths and may promulgate rules to govern its proceedings and to regulate the mode and manner of all hearings. All hearings shall be open to the public. (2) OFFI…

195.04 Complaints, investigation, hearings, notice. (1) Upon complaint of any person, including any state agency, water carrier, or railroad, either relating to a railroad as provided under s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 1…

195.041 Separate rate hearings; absence of direct damage. The office may, when complaint is made of more than one water carrier rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may…

195.042 Summary investigations. Whenever the office believes that any water carrier rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any water carrier or, if a …

195.043 Procedure after summary investigation. (1) If, after summary investigation, the office becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing. The office shall p…

195.044 Witness fees and mileage. (1) Each witness who appears before the office or its agent, by its order, shall receive for attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same m…

195.045 Depositions. The office or any party may in any hearing cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Any expense incurred or authorized by the o…

195.046 Record. A full and complete record shall be kept of all proceedings before the office or its hearing examiners. History: 1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123. Cross-reference: See also s. RR 1.07, Wis. adm. code.

195.047 Transcripts as evidence. A transcribed copy of the evidence and proceedings or any specific part thereof, on any hearing under this chapter taken by the stenographer, being certified by such stenographer to be a true and correct transcript of all the testimony or of a par…

195.048 Incriminating evidence. (1) No person may be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of any violation of this chapter on the ground or for the reason that the testimony or evidence may tend to incrim…

195.05 Office; water carrier rates, regulations, service, procedure. (1) ORDERS FOR RATES AND SERVICE. Whenever the office shall find that any existing water carrier rate, fare, charge, or classification, or any joint rate, or any regulation or practice affecting the transportati…

195.055 Judicial review. All orders and determinations of the office are subject to judicial review under ch. 227. History: 1977 c. 29; 1981 c. 347 s. 80 (1); 1993 a. 16, 123.

195.06 Office orders prima facie lawful. All orders, determinations and decisions made by the office shall be in force and effective 20 days after the same has been served as required by s. 227.48 unless the office shall specify a different date upon which the same shall be effec…

195.07 Law enforcement. (1) POWERS. The office shall inquire into the neglect or violation of the laws of this state by water carriers and railroads, or by the officers, agents or employees thereof, or by persons operating water carriers and railroads, and shall report violations…

195.08 Water carrier rates, schedules, service. (1g) DEFINITION. In this section “schedules” does not include “timetables”. (1r) SERVICE RATES TO BE ADEQUATE AND JUST. Every water carrier shall furnish reasonably adequate service and facilities, and the charges made for the trans…

195.09 Commodity rates. Concentration, commodity, transit and other special contract rates are permitted, but all such rates shall be open to all shippers for a like kind of traffic under similar circumstances and conditions, and shall be subject to the provisions of this chapter…

195.11 Discriminations prohibited. (1) If any water carrier, or any agent or officer thereof, shall directly or indirectly, or by any device whatsoever, charge, demand, collect or receive a greater, less or different compensation for the transportation of persons or property or o…

195.12 Preference by water carriers prohibited. If any water carrier shall make or give any undue or unreasonable preference or advantage to any person, firm or corporation, or shall subject any person, firm or corporation to any undue or unreasonable prejudice or disadvantage in…

195.13 Rebates and concessions, unlawful to accept. It shall be unlawful for any person, firm or corporation knowingly to accept or receive any rebate, concession or discrimination in respect to water carrier transportation of property wholly within this state, or for any service…

195.14 Free transportation; reduced rates, passes, limitations. (1) This chapter does not prohibit the carriage, storage or handling by water carriers of freight free or at reduced rates for the United States, the state, or any municipality thereof, or for charitable purposes, or…

195.15 Transportation contracts, filed. Every water carrier shall, when required and within the time fixed by the office, deliver to the office for its use copies of all contracts which relate to the transportation of persons or property, or any service in connection therewith, m…

195.16 Pass lists. Every water carrier shall keep and for 2 years preserve a record of every ticket, pass or mileage book issued to a resident of this state free or for a money consideration less than that charged the general public. Such record shall consist of the name of the r…

195.21 Warehouses. Any person proposing to erect or maintain a public elevator or public warehouse for the purchase, sale, storage, receiving or shipping of grain, or other personal property, to be received from or transported upon any water carrier, shall be furnished by such wa…

195.25 Medical supplies on trains. (1) No railroad company shall operate any train that is not equipped with at least one medical emergency case with suitable equipment which shall be at all times kept in a definitely fixed, convenient and accessible place on such trains. (2) Any…

195.26 Safety devices; block system. Every railroad and water carrier shall adopt reasonably adequate safety measures and install, operate and maintain reasonably adequate safety devices for the protection of life and property to the extent consistent with federal law. If after i…

195.27 Safe tracks and bridges. Every railroad shall construct and maintain its tracks, bridges and line structures in a reasonably adequate and safe manner consistent with federal law. History: 1977 c. 418; 1981 c. 347 s. 80 (1); 1993 a. 16, 123; 2005 a. 179.

195.28 Protecting grade crossings. (1) PETITION; HEARING; ORDER. Upon petition of the department, city council, village board, town board, superintendent of highways or by 5 or more electors in any town, village or city, or of any railroad cor- May 22, 2026, are designated by NOT…

195.285 Exempt railroad crossings. (1) Upon the petition of a railroad corporation, the department, or the governing body of any city, village, town or county asserting that the stopping of vehicles under s. 346.45 at a railroad crossing is hazardous to human life, the office sha…

195.286 Highway crossings, advance warning signs. (1) RAILROADS TO FURNISH; PLACEMENT. Each railroad company shall furnish to each county in which it operates, upon request of the county highway commissioner, a sufficient quantity of advance warning signs to enable the county and…

195.30 Railroad crossings; grade separation, safety devices. (1) Upon a petition by the common council of any city, or the board of any village, town or county within which a railroad crosses another railroad at grade, or by any such railroad, that public safety requires an alter…

195.307 Snowmobile rail crossings. Sections 195.28, 195.285, 195.286, and 195.29 do not apply to snowmobile rail crossings for which a permit is issued under s. 350.138. History: 2001 a. 14. Updated 23-24 Wis. Stats. 8

195.31 Bridges made safe. Whenever a complaint is lodged with the office by the common council of any city, the village board of any village, a member of a town board, or a supervisor of highways, or by 5 or more electors and taxpayers in any town, or 5 or more electors of the co…

195.32 Safety gates on drawbridges. Whenever a complaint is filed with the office to the effect that any drawbridge is not equipped with gates or other safety devices, the office may notify the proper party or parties in interest of the complaint, and may proceed to investigate t…

195.34 Reports of accidents, investigation. Every water carrier shall report to the office all accidents resulting in injury to persons arising from its operation. The office may issue rules concerning the reporting of accidents by water carriers and may also, if public interests…

195.35 Treble damages. (1) If any director, officer, employee or agent of a railroad or water carrier, in the course of the discharge of his or her duties, willfully, wantonly or recklessly causes to be done or permits to be done any matter, act or thing in this chapter prohibite…

195.36 General penalty upon railroads and water carriers. If any railroad or water carrier shall violate any provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, …

195.37 Water carrier freight charges; collection, refund. (1) COMPLAINTS, INVESTIGATIONS, HEARINGS, FINDINGS, REFUND. The office may investigate the complaint of any person aggrieved that the charge exacted by a water carrier for the transportation of property between points in t…

195.38 Water carrier freight bills; examination; refunds. Within 3 years after the delivery of any shipment of property at destination by a water carrier, any person, firm or corporation may submit to the office, by mail or in person, any water carrier expense bill or receipt sho…

195.45 Common carriers of passengers or property by water; certificate required. (1) No person shall operate as a common carrier of passengers or property by water except in accordance with the terms and conditions of a certificate of public convenience and necessity issued by th…

195.50 Information, papers and accounting. (1) Any officer, agent or employee of any railroad or water carrier who May 22, 2026, are designated by NOTES. (Published 5-22-26) 195.50 RAILROAD AND WATER CARRIER REGULATION fails to fill out and return any forms required by this chapt…

195.60 Payment of office expenses by railroads and water carriers. (1) Whenever the office in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts…