Section 350.1395. Snowmobile rail crossings; closing and removal; review of rail authorities; insurance rules.

 

(1)   Definitions. In this section:

(b) “Rail authority" has the meaning given in s. 350.138 (1) (b) .

(c) “Snowmobile organization" has the meaning given in s. 350.138 (1) (f) .

(2)   Closing of crossings.

(a) A rail authority may close or remove a snowmobile rail crossing if it enters into a written agreement with a snowmobile organization that holds a permit under s. 350.138 or that maintains an established snowmobile rail crossing under s. 350.139 under which the snowmobile organization agrees to allow the rail authority to close or remove the snowmobile rail crossing. Each rail authority that enters into a written agreement with a snowmobile organization under this paragraph to close or remove a snowmobile rail crossing shall notify the department of the agreement and that the snowmobile rail crossing has been closed or removed.

(b)

1. A rail authority may petition the department to authorize the rail authority to close or remove a snowmobile rail crossing. The rail authority may file a petition under this subdivision without requesting or obtaining a written agreement from the snowmobile organization to close or remove the snowmobile rail crossing.

2. The department shall hold a hearing on a petition filed under subd. 1. after giving notice of the hearing to the rail authority, the snowmobile organization, and the office of the commissioner of railroads. The hearing shall be a contested case hearing under ch. 227 . The department's order shall be a final order subject to judicial review under ch. 227 .

3. The department shall grant a rail authority's petition under subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under subd. 2. , and after giving substantial weight to the office of the commissioner of railroads' testimony or report given under s. 195.03 (30) (b) , the department finds that any of the following applies:

a. The snowmobile rail crossing has not been maintained for use for at least 5 winters in the 10 years preceding the year in which the petition was filed.

b. The snowmobile rail crossing poses a substantial danger to public safety.

c. Another snowmobile rail crossing is located near the snowmobile rail crossing that is the subject of the petition and the other snowmobile rail crossing provides a crossing for snowmobiles that is adequate and accessible.

d. The snowmobile rail crossing has a substantial adverse effect on the operations of the rail authority.

(3)   Review of actions of rail authority. A snowmobile organization may request the department to review any failure of a rail authority, and a rail authority may request the department to review any failure of a snowmobile organization, to comply with s. 350.138 or 350.139 , this section, or rules promulgated under these sections or s. 350.137 . The department shall decide the matter after notice and a contested case hearing. If the department finds that the rail authority or snowmobile organization failed to comply with s. 350.138 or 350.139 , this section, or rules promulgated under these sections or s. 350.137 , the department shall issue an order directing the rail authority or snowmobile organization to take appropriate action in order to comply with that section. The order issued by the department is a final order of the department subject to judicial review under ch. 227 .

(4)   Rules for liability insurance.

(a) The department may promulgate rules to increase the minimum amounts of liability insurance required under ss. 350.138 (6) and 350.139 (4) (b) based on the need for, and the availability and affordability of, such insurance.

(b) The department may not promulgate a rule under this subsection without first consulting with each rail authority in this state that has furnished the department with the information required under s. 350.138 (2m) , an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e) , in this state, and the office of the commissioner of railroads.

1993 a. 120 ; 2001 a. 14 , 104 . Cross-reference: See also ss. NR 6.40 , 6.41 , 6.42 , 6.43 , 6.44 , 6.45 , and 6.46 , Wis. adm. code.