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Wisconsin Railroad Enforcement Guide

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Wisconsin Railroad Enforcement Guide Wisconsin Railroad Enforcement Guide Railroad Emergency Phone Numbers Amtrak Mid-Continent Railroad (800) 331-0008 (800) 930-1385 or (608) 522-4261 (emergency) Burlington Northern Santa Fe (800) 832-5452 Progressive Rail Wisconsin Northern Division Canadian National (715) 382-3257 (Pat Siverling) or (800) 465-9239 (715) 379-4686 (signal problems) Canadian Pacific Railway Tomahawk Railway (800) 716-9132 or (715) 453-2303 or (800) 766-4357 (715) 966-0500 (Susie Klinger) or (715) 966-0675 East Troy Railroad (414) 534-7175 (Ryan Jonnes) or Union Pacific Railroad (262) 642-3263 (800) 848-8715 (signal problems) (888) 877-7267 (emergency) Escanaba and Lake Superior Railroad Wisconsin and (906) 280-2513 (Bob Anderson) or Southern Railroad (906) 774-9684 (after hours) or (414) 434-0376 (emergency) (906) 542-3214 Wisconsin Great Iowa Chicago and Northern Railroad Eastern Railroad (715) 635-3200 (Canadian Pacific Railway) (715) 635-7237 (after hours) (800) 339-1080 1 Table of Contents 3: Operation Lifesaver and the purpose of this guide 4: Applicable Wisconsin Statute 11: Wisconsin Highway-Rail Grade Crossing Statute 19: Disqualifying Offenses for CD Drivers on Highway-Rail Intersection 20: Wisconsin Motor Vehicle Accident Report: Car/Train Crashes 25: Stopping of Trains 26: Highway-Railroad Grade Crossing Signal Malfunctions 27: Examples of Highway-Rail Grade Crossing Signs 28: Laws Governing Railroad Employees in Railroad Incidents 30: FRA Post-Accident Alcohol and Drug Test 32: What To Do If A Crossing Collision Occurs 32: Grade Crossing Collision Investigation Checklist 33: Enforcement Programs for Law Enforcement Personnel 35: Key Safety Points 2 Operation Lifesaver and The purpose of this guide Operation Lifesaver is an active, continuing public education and awareness program dedicated to ending tragic collisions, fatalities and injuries at highway railroad grade crossings and railroad rights-of-way. The three areas of concentration are education, engineering, and enforcement. To meet its lifesaving goals, the program strives to increase public awareness of the highway-rail grade crossing environment and the dangers of trespassing on railroad rights-of-way. If existing laws governing motorist responsibilities at grade crossings and trespassing along railroad rights-of-way are not enforced, they will be ignored and broken. State and local law enforcement agencies are urged to partner with Operation Lifesaver by helping to change the behavior of those who choose to disregard the laws and jeopardize their lives as well as the lives of others. The purpose of this guide is to assist law enforcement officers by providing information on federal, state and local laws relating to public safety around railroads. Information is also provided regarding emergency notification phone numbers, stopping of trains and grade crossing collision investigation procedures. Wisconsin Operation Lifesaver, Inc. 3 Applicable Wisconsin Statutes Wisconsin Motor Vehicle Statutes 340.01 Words and phrases defined. In s.23.33 and chs.340 to 349 and 351, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning: (25) "Intersection" means the area embraced within the prolongation or connection of the curb lines or, if none, then within the boundary lines of the roadways of 2 or more highways which join one another at, or approximately at right angles, whether or not one such highway crosses the other, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self- propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, and a utility terrain vehicle, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute. (41) "Operator" means a person who drives or is in actual physical control of a vehicle. (47) "Railroad crossing" means the intersection of any highway or private road or driveway at grade with tracks upon which railroad track equipment or railroad trains operate. (47m) "Railroad track equipment" means a device that is operated on rails and used primarily for the maintenance of railroads. (48) "Railroad train" means every device with or without engine or motor and whether or not coupled to other similar devices, operated upon rails for the transporting of persons or property. 4 (74) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile, an all-terrain vehicle, and an electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute. Wisconsin Criminal Statutes 939.22 Words and phrases defined. In chs. 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01 for purposes of ch. 948: (44) "Vehicle" means any self-propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water, or in the air. Wisconsin Railroad Regulations 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. 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. 5 (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. 6 FEDERAL RAILROAD ADMINISTRATION (FRA), which enforces rail safety regulations, published the final rule on the issue of locomotive horns at highway-rail grade crossings. Effective June 24, 2005, the rule requires that the locomotive horn be sounded at all public grade crossings. Train Horn Regulation Outside of quiet zones, railroads must sound the horn 15 to 20 seconds prior to a train’s arrival at the highway-rail grade crossing, but no more than one-quarter mile in advance of the crossing. This rule has superseded state and local laws regarding sound of the horn and bell. The officer should recognize that train speed will determine how far from the crossing the horn will be sounded. As an example, a train moving at 10 mph may sound the horn as close as 300 feet from the crossing, while a train traveling over 45 mph may sound the horn 1,320 feet from the crossing (CFR Title 49, Part 222.) Where required by state statute or other circumstances, trains may sound the horn at private crossings. Quiet Zones Trains are required to sound their horns and bells at all public grade crossings, and in special circumstances, may also have to sound horns and bells at private crossings. However, there are some exceptions. The FRA has established a procedure whereby a public authority may establish a “quiet zone” where train horns will not be routinely sounded.
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