Section RR 2.16 - Exemptions(1) Materials used by a railroad for repair or construction just prior to and during the period such work is in progress, and railroad structures and facilities necessary for the operations of trains for which it is impracticable to provide the minimum clearances, are exempted from the provisions of s. RR 2.15(2) to (5).(2) Upon written application and after public hearing, the office may grant exemption from the clearances requirements of this chapter upon a finding that the clearances proposed does not imperil life or limb and that public interest requires or permits such clearance. The findings and order granting exemption shall be in writing and shall contain complete provisions and requirements as to the clearances to be maintained.(3) Wherever any overhead structure or any part thereof is less than 22 feet above the top of the rail, every railroad corporation or industry shall maintain telltales of suitable construction installed over each track at such distances from the obstruction as shall provide adequate security against accident; except that if the office finds that the installation of a telltale at any particular place would be impracticable or would result in any increased hazard to either the public or an employe and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, the office may enter an order providing an exemption from this subsection. Such exemption shall be ordered by the office only after written application and public hearing.Wis. Admin. Code Office of the Commissioner of Railroads RR 2.16
Cr. Register, February, 1965, No. 110, eff. 3-1-65; renum. from PSC 82.06, Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; am. (1), Register, May, 1996, No. 485, eff. 6-1-96.