LRB-4116/1
EVM:sac&jld:jf
2013 - 2014 LEGISLATURE
February 10, 2014 - Introduced by Senators Petrowski, Hansen, Schultz and T.
Cullen
, cosponsored by Representatives A. Ott, Zepnick, Bies, Barca,
Ringhand, Brooks, Ripp and Spiros. Referred to Committee on
Transportation, Public Safety, and Veterans and Military Affairs.
SB588,1,5 1An Act to amend 346.49 (2m) (a), 346.49 (2m) (am), 346.49 (2m) (b), 346.49 (2r)
2(a), 346.49 (2r) (b) and 346.495 (1) (a); and to create 346.445, 346.49 (2m) (c)
3and 346.49 (2v) of the statutes; relating to: pedestrians crossing railroad
4tracks and penalties for violations relating to railroad crossings and providing
5a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the operator of a vehicle may not drive on or across a railroad
crossing while: 1) any traffic officer or railroad employee signals to stop; 2) any
warning device signals to stop, subject to an exception; or 3) any railroad train
occupies the crossing or approaches so closely to the crossing as to constitute a hazard
of collision, if the crossing is posted with a crossbuck sign. In addition, the operator
of a vehicle may not drive through, around, or under any crossing gate or barrier at
a railroad crossing while the gate or barrier is closed or is being opened or closed.
A person who violates any of these prohibitions may be required to forfeit not more
than $1,000, except the maximum forfeiture for a bicyclist or operator of an electric
personal assistive mobility device is $40.
Current law also requires the operator of certain vehicles, including school
buses, motor buses, and vehicles that are transporting certain hazardous
substances, with limited exceptions, to stop within 50 feet but not less than 15 feet
from the nearest track and take certain precautions before proceeding. An operator
who fails to comply with this requirement may be required to forfeit not less than $60
nor more than $600.

Current law also imposes, with exceptions, liability on the owner of a vehicle
that is observed violating either of the railroad crossing provisions. The penalty
imposed on the owner under this provision is the same as the penalty for the
underlying railroad crossing violation.
Current law also provides that a railroad crossing improvement assessment be
imposed on any person found to have violated traffic laws relating to railroad
crossings. The amount of the assessment is equal to 50 percent of the amount of the
forfeiture that is imposed upon conviction. The money collected from the assessment
must be used to fund railroad crossing protection improvements, such as automatic
signals or other warning devices, and their maintenance.
This bill creates limitations on the use of railroad crossings and on crossing
railroad tracks by pedestrians. Under this bill, a pedestrian may not enter or cross
a railroad crossing while: 1) any traffic officer or railroad employee signals to stop;
2) any warning device signals to stop, subject to an exception; or 3) any railroad train
occupies the crossing or approaches so closely to the crossing as to constitute a hazard
of collision, if the crossing is posted with a crossbuck sign. The bill also prohibits a
pedestrian from crossing through, around, over, or under a crossing gate or barrier
at a railroad crossing while the gate or barrier is closed or is being opened or closed
or a railroad train while the train occupies a railroad crossing. A person who violates
any of the provisions related to pedestrians crossing railroad crossings or railroad
tracks may be required to forfeit not less than $100 nor more than $250 for the first
offense and not less than $225 nor more than $750 for the second or subsequent
conviction within three years. A person who violates any of these provisions in also
subject to the railroad crossing improvement assessment.
This bill also increases the penalty for railroad crossing violations committed
by a bicyclist or operator of an electric personal assistive mobility device to not less
than $100 nor more than $250 for the first offense and not less than $225 nor more
than $750 for the second or subsequent conviction within three years. The bill also
triples minimum and maximum penalties for second or subsequent convictions
committed within three years for other railroad crossing violations and requires that
a court require a person convicted of a railroad crossing violation participate in
certain driver safety education.
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:
SB588,1 1Section 1. 346.445 of the statutes is created to read:
SB588,2,4 2346.445 Limitations on pedestrians crossing railroad tracks. (1) No
3pedestrian may enter or cross a railroad crossing under any of the following
4circumstances:
SB588,3,1
1(a) While a traffic officer or railroad employee signals to stop.
SB588,3,42 (b) While a warning device signals to stop, except that if the pedestrian after
3stopping and investigating finds that no railroad train or railroad track equipment
4is approaching, the pedestrian may proceed.
SB588,3,75 (c) If any crossbuck sign specified under s. 192.29 (5) (a) is maintained at the
6crossing, while a railroad train or railroad track equipment occupies the crossing or
7approaches so closely to the crossing as to constitute a hazard of collision.
SB588,3,10 8(2) No pedestrian may cross through, around, over, or under any crossing gate
9or barrier at a railroad crossing while the gate or barrier is closed or is being opened
10or closed.
SB588,3,13 11(3) No pedestrian may cross through or around or climb over or under a railroad
12train or railroad track equipment while the railroad train or railroad track
13equipment occupies a railroad crossing.
SB588,2 14Section 2. 346.49 (2m) (a) of the statutes is amended to read:
SB588,3,1715 346.49 (2m) (a) Unless otherwise provided in par. (b), any person violating s.
16346.44 may be required to forfeit not more than $1,000 for the first offense and not
17more than $3,000 for the 2nd or subsequent conviction within 3 years
.
SB588,3 18Section 3. 346.49 (2m) (am) of the statutes is amended to read:
SB588,3,2119 346.49 (2m) (am) Any person violating s. 346.45 shall forfeit not less than $60
20nor more than $600 for the first offense and not less than $180 nor more than $1,800
21for the 2nd or subsequent conviction within 3 years
.
SB588,4 22Section 4. 346.49 (2m) (b) of the statutes is amended to read:
SB588,4,223 346.49 (2m) (b) Any operator of a bicycle or electric personal assistive mobility
24device violating s. 346.44 may be required to forfeit not less than $100 nor more than

1$40 $250 for the first offense and not less than $225 nor more than $750 for the 2nd
2or subsequent conviction within 3 years
.
SB588,5 3Section 5. 346.49 (2m) (c) of the statutes is created to read:
SB588,4,64 346.49 (2m) (c) Any person violating s. 346.445 may be required to forfeit not
5less than $100 nor more than $250 for the first offense and not less than $225 nor
6more than $750 for the 2nd or subsequent conviction within 3 years.
SB588,6 7Section 6. 346.49 (2r) (a) of the statutes is amended to read:
SB588,4,148 346.49 (2r) (a) A vehicle owner or other person found liable under s. 346.452
9with respect to a violation of s. 346.44 may be required to forfeit not more than $1,000
10for the first offense and not more than $3,000 for the 2nd or subsequent conviction
11within 3 years
, except that, if the vehicle involved in the violation was a bicycle, the
12bicycle owner or other person may be required to forfeit not less than $100 nor more
13than $40 $250 for the first offense and not less than $225 nor more than $750 for the
142nd or subsequent conviction within 3 years
.
SB588,7 15Section 7. 346.49 (2r) (b) of the statutes is amended to read:
SB588,4,1916 346.49 (2r) (b) A vehicle owner or other person found liable under s. 346.452
17with respect to a violation of s. 346.45 shall forfeit not less than $60 nor more than
18$600 for the first conviction and not less than $180 nor more than $1,800 for the 2nd
19or subsequent conviction within 3 years
.
SB588,8 20Section 8. 346.49 (2v) of the statutes is created to read:
SB588,4,2321 346.49 (2v) The court shall order a person subject to sub. (2m) (a) or (b) to
22participate in driver safety education and satisfactorily complete a written
23examination on railroad safety.
SB588,9 24Section 9. 346.495 (1) (a) of the statutes is amended to read:
SB588,5,4
1346.495 (1) (a) If a court imposes a forfeiture under s. 346.49 (1g) or (2m) (a),
2(am), or (b), or (c) for a violation of s. 346.44, 346.445, 346.45, or 346.46 (3), the court
3shall also impose a railroad crossing improvement surcharge under ch. 814 equal to
450% of the amount of the forfeiture.
SB588,10 5Section 10. Initial applicability.
SB588,5,86 (1) This act first applies to violations committed on the effective date of this
7subsection, but does not preclude the counting of other violations as prior violations
8for purposes of sentencing a person.
SB588,11 9Section 11. Effective date.
SB588,5,1110 (1) This act takes effect on the first day of the 3rd month beginning after
11publication.
SB588,5,1212 (End)
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