Before proceeding with the rough crossing process, the Office of the Commissioner of Railroads (OCR) requires that the municipality where the crossing is located or highway authority report conditions to the railroad. The OCR can provide the municipality or highway authority contact information to report the issues to the railroad. Reporting the crossing to the railroad can avert the need to go through the formal complaint and hearing process.
Rough crossing repairs. Section 86.12 of state law requires the railroad to maintain all at-grade crossings in good condition for travel. If the railroad fails to do so, the municipality or highway authority can enforce this law through the OCR. The statute requires a two-step process.
First, the governing body of the municipality or highway authority must pass a resolution demanding the repairs and serve it upon the railroad. "Serving" is the formal delivery of legal documents to the railroad's registered legal agent. The mailing addresses for railroad registered agents are found here:
OCR Railroad Registered Agents (wi.gov) Correspondence to the railroad must include the municipality or highway authority contact name, phone, and email. The resolution is required to be mailed to the railroad registered agent via certified mail, to have evidence that the resolution was delivered to the railroad. This certified mail receipt is required to show proof of service on the railroad should a formal complaint be filed later. The railroad then has 30 days under the statute to repair the crossing. If they fail to do so, the municipality or highway authority may file a formal complaint with the OCR. Individuals may not file formal rough crossing complaints directly with the OCR; instead, they should contact the local municipality or highway authority regarding the condition of the crossing.
The filing of the formal complaint must also be authorized by the local municipality governing body. The governing body may either pass two separate resolutions or include authorization to the municipal staff to file the complaint in the original resolution if the railroad fails to repair the crossing. A sample resolution for the combined complaint can be found in the FAQ section of the OCR’s website under OCR Legal Process:
https://ocr2016-auth-prod.wi.gov/Pages/ResolutionRoughCrossing.aspx
Here are instructions for how to set up an ERF account and file documents into ERF:
OCR ERF Instructions
When uploading a formal complaint into ERF, follow this naming convention:
| Type of Submission | Description/File name | Example | Document type |
| Petition letter with resolution(s) attached | Ex.-[Party]-[Witness]-[Exhibit #] | Ex.-City-Miller-1 | Petition |
Petition attachments/exhibits (copy of certified mail receipt, photos of rough crossing, complaints received about the rough crossing, etc.) | Ex.-[Party]-[Witness]-[Exhibit #-1, -2, -3, etc. | Ex.-City-Miller-1-1; Ex.-City-Miller-1-2; Ex.-City-Miller-1-3; etc. | Exhibit Offered |
| Testimony | [Testimony round]-[Party]-[Witness] | Direct-City-Miller | Testimony Offered |
| Testimony Exhibits | Ex.-[Party]-[Witness]-[Exhibit # ] | Ex.-City-Miller-1 (start with -2 if this witness also submitted the petition) | Exhibit Offered |
| Correspondence | [party name] Correspondence | City Correspondence (re: ______________) | Correspondence |
Once the OCR receives the formal complaint and supporting documentation (petition, copy of resolution(s), and proof of service of railroad registered agent via certified mail receipt), we schedule a hearing to take testimony on the complaint. At the hearing, the municipality or highway authority has to demonstrate that the railroad has not kept the crossing "in good condition and repair for highway travel." This showing is often made using photos of the crossing (sometimes with a ruler/tape measure if there is a difference in elevation between the rail and the roadway surface) and testimony. Testimony could include the number of complaints the city has received about the crossing or that the crossing feels rough when driving over it. The testimony is usually given by the municipal engineer or Director of Public Works, but can also be given by highway authority representatives, local elected officials and individual residents.
After the hearing, the OCR decides whether the crossing requires repairs and if so, orders the railroad to repair the crossing by a date certain.
