2003 - 2004 LEGISLATURE
February 16, 2004 - Introduced by Representatives Ainsworth, Owens, Hahn, Ott,
Petrowski, Krawczyk, Gronemus, Albers, Musser, Van Roy
and Gunderson,
cosponsored by Senators Cowles, Roessler, A. Lasee and Schultz. Referred
to Committee on Transportation.
AB846,1,6 1An Act to repeal 195.282; to renumber and amend 192.29 (5); to amend
220.395 (2) (gr), 20.395 (2) (gx), 192.29 (5) (title), 192.29 (5) (b) and 195.286 (5);
3to repeal and recreate 20.395 (2) (gr) and 20.395 (2) (gx); and to create 192.29
4(5) (b), 195.282 and 346.44 (1) (c) of the statutes; relating to: traffic regulations
5and traffic control devices at railroad crossings, making appropriations, and
6providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the operator of a vehicle:
1. May not drive the vehicle on or across a railroad crossing while being
signaled to stop by a traffic officer, railroad employee, or warning device. After
stopping for a warning device, however, the operator may proceed if no train is
approaching.
2. May not drive the vehicle through, around, or under any railroad crossing
gate or barrier if it is closed or is being opened or closed.
3. Must, when approaching an official stop sign at a railroad crossing, stop the
vehicle at least ten feet but not more than 30 feet from the nearest rail before
proceeding on or over the railroad crossing.
An operator who fails to comply with Item 1. or 2., above, may be required to
forfeit not more than $1,000, except that a bicyclist may be required to forfeit not
more than $40. An operator who fails to comply with Item 3., above, may be required

to forfeit not less than $40 nor more than $80 or, for a second or subsequent violation
within a year, not less than $100 nor more than $200, except that a bicyclist may be
required to forfeit not more than $40.
This bill prohibits the operator of a vehicle from driving the vehicle on or across
a railroad crossing that is posted with a yield sign if any train occupies the crossing
or approaches so closely to the crossing as to constitute a hazard of collision. An
operator who fails to comply with this prohibition is subject to the same forfeiture
that applies to a violation of Item 1. and 2., above.
Current law requires railroad companies to maintain "Railroad Crossing" signs
on each side of the tracks wherever their tracks cross public highways or streets.
Current law also permits the Office of the Commissioner of Railroads (OCR), upon
petition of the Department of Transportation (DOT), a local authority, or other
interested party, to issue an order requiring the installation of certain railroad
crossing improvements (automatic signals or other warning devices to improve
safety). DOT pays for the cost of installing the signals or other warning devices and
the railroad companies pay for the cost of maintaining the signals or other warning
devices, subject to available reimbursement from DOT of up to 50 percent of the
annual maintenance costs.
This bill modernizes terms used to refer to the "Railroad Crossing" sign,
commonly known as a crossbuck sign, and requires that such signs required to be
maintained by railroad companies conform with the Manual on Uniform Traffic
Control Devices (MUTCD) adopted by DOT. The bill also requires railroad
companies to install and maintain a yield sign below the crossbuck sign at any
crossing at which the railroad is required to maintain a crossbuck sign and that is
not controlled by a gate, automatic signal, or stop sign. DOT must provide to railroad
companies one yield sign for each location at which a yield sign is required to be
installed or, in lieu of providing the signs, provide reimbursement to the railroad
companies for the cost incurred in obtaining the signs from another source. The
railroad companies are responsible for the installation, maintenance, and
replacement, and all costs associated therewith, of the yield signs. If there are
insufficient funds for DOT to pay for all signs or to provide all reimbursement, DOT
must prorate among the railroad companies the number of signs, and the amount of
reimbursement, to be provided. DOT may not provide to any railroad company more
than one yield sign, or reimbursement for more than one yield sign, for each location
at which a yield sign is required. To obtain a yield sign without charge from DOT,
or to obtain reimbursement for a yield sign obtained elsewhere, a railroad company
must request the yield sign or reimbursement within approximately one year after
the effective date of these provisions.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB846, s. 1
1Section 1. 20.395 (2) (gr) of the statutes is amended to read:
AB846,3,62 20.395 (2) (gr) Railroad crossing improvement and protection installation,
3state funds.
As a continuing appropriation, the amounts in the schedule to pay the
4costs for railroad crossing protection improvements under s. 195.28 (2) and, for the
5installation of railroad crossing gates under 1999 Wisconsin Act 9, section 9150 (9g),
6and for railroad crossing yield signs under s. 195.282
.
AB846, s. 2 7Section 2 . 20.395 (2) (gr) of the statutes, as affected by 2003 Wisconsin Act ....
8(this act), is repealed and recreated to read:
AB846,3,129 20.395 (2) (gr) Railroad crossing improvement and protection installation,
10state funds.
As a continuing appropriation, the amounts in the schedule to pay the
11costs for railroad crossing protection improvements under s. 195.28 (2) and for the
12installation of railroad crossing gates under 1999 Wisconsin Act 9, section 9150 (9g).
AB846, s. 3 13Section 3. 20.395 (2) (gx) of the statutes is amended to read:
AB846,3,1814 20.395 (2) (gx) Railroad crossing improvement, federal funds. All moneys
15received from the federal government for the purposes of railroad crossing protection
16under s. 195.28 and, for the purposes of railroad crossing gates under 1999 Wisconsin
17Act 9
, section 9150 (9g), and for the purposes of railroad crossing yield signs under
18s. 195.282,
for such purposes.
AB846, s. 4 19Section 4 . 20.395 (2) (gx) of the statutes, as affected by 2003 Wisconsin Act ....
20(this act), is repealed and recreated to read:
AB846,3,2421 20.395 (2) (gx) Railroad crossing improvement, federal funds. All moneys
22received from the federal government for the purposes of railroad crossing protection
23under s. 195.28 and for the purposes of railroad crossing gates under 1999 Wisconsin
24Act 9
, section 9150 (9g), for such purposes.
AB846, s. 5 25Section 5. 192.29 (5) (title) of the statutes is amended to read:
AB846,4,1
1192.29 (5) (title) Danger Railroad crossing and yield signs.
AB846, s. 6 2Section 6. 192.29 (5) of the statutes is renumbered 192.295 (5) (a) and
3amended to read:
AB846,4,104 192.295 (5) (a) Wherever its track crosses a public highway or street, every
5railroad corporation shall maintain on each side of the track and near such crossing
6a large signboard with the following inscription, painted in large letters: "Railroad
7Crossing," in such manner as to be visible to approaching traffic on the highway or
8street at least 100 feet distant
a highway-rail-grade crossing sign, commonly known
9as a crossbuck sign, that conforms with the Manual on Uniform Traffic Control
10Devices adopted by the department under s. 84.02 (4) (e)
.
AB846, s. 7 11Section 7. 192.29 (5) (b) of the statutes is created to read:
AB846,4,1712 192.29 (5) (b) Subject to s. 195.282, at every railroad crossing at which a
13railroad corporation is required to maintain a sign described in par. (a) and that is
14not controlled by a gate, automatic signal, or official stop sign, the railroad
15corporation shall install and maintain, below the sign described in par. (a), a yield
16sign that conforms with the manual of uniform traffic control devices adopted by the
17department under s. 84.02 (4) (e).
AB846, s. 8 18Section 8 . 192.29 (5) (b) of the statutes, as created by 2003 Wisconsin Act ....
19(this act), is amended to read:
AB846,4,2520 192.29 (5) (b) Subject to s. 195.282, at At every railroad crossing at which a
21railroad corporation is required to maintain a sign described in par. (a) and that is
22not controlled by a gate, automatic signal, or official stop sign, the railroad
23corporation shall install and maintain, below the sign described in par. (a), a yield
24sign that conforms with the manual of uniform traffic control devices adopted by the
25department under s. 84.02 (4) (e).
AB846, s. 9
1Section 9. 195.282 of the statutes is created to read:
AB846,5,14 2195.282 Yield signs for grade crossings. (1) The department shall, upon
3request, provide to each railroad company one yield sign for each location at which
4a yield sign is required to be installed by the railroad company under s. 192.29 (5)
5(b) or, in lieu of providing such a sign, the department shall reimburse the railroad
6company for the cost of each such sign obtained by the railroad company from a
7source other than the department. The cost of the yield signs provided by the
8department under this section, and all funds expended by the department under this
9section for reimbursement for yield signs obtained from other sources, shall be paid
10from the appropriations under s. 20.395 (2) (gr) and (gx). If the amount in the
11appropriations under s. 20.395 (2) (gr) and (gx) is not adequate to fund the
12department's expenses under this section, the department shall prorate the number
13of signs and the amount of reimbursement to be provided to the railroad companies
14in the manner determined by the department.
AB846,5,23 15(2) Every railroad company shall be responsible for the installation,
16maintenance, and replacement, and all costs associated therewith, of any sign
17received from or funded by the department under sub. (1). The department may not
18provide to any railroad company more than one yield sign, or reimbursement for
19more than one yield sign, for each location at which the railroad company is required
20to install a yield sign under s. 192.29 (5) (b). The department may not provide to any
21railroad company a yield sign, or reimbursement for a yield sign, first requested after
22the first day of the 13th month beginning after the effective date of this subsection
23..... [revisor inserts date].
AB846, s. 10 24Section 10 . 195.282 of the statutes, as created by 2003 Wisconsin Act .... (this
25act), is repealed.
AB846, s. 11
1Section 11. 195.286 (5) of the statutes is amended to read:
AB846,6,52 195.286 (5) Other signs prohibited. No other sign of the general size or
3appearance of the signs provided for in this section shall be placed or permitted upon
4any highway, nor any sign between such advance signs except signs or signals now
5required by law or permitted by the office for protection at railway crossings.
AB846, s. 12 6Section 12. 346.44 (1) (c) of the statutes is created to read:
AB846,6,97 346.44 (1) (c) If a yield sign is erected and maintained at the crossing, while
8any train occupies the crossing or approaches so closely to the crossing as to
9constitute a hazard of collision.
AB846, s. 13 10Section 13. Effective dates. This act takes effect on the day after publication,
11except as follows:
AB846,6,1412 (1) The treatment of sections 20.395 (2) (gr) (by Section 2), 20.395 (2) (gx) (by
13Section 4), 192.29 (5) (b) (by Section 8 ), and 195.282 (by Section 10 ) of the statutes
14takes effect on July 1, 2007.
AB846,6,1515 (End)
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