195.05 Office; water carrier rates, regulations, service, procedure.
(1) Orders for rates and service. Whenever the office shall find that any existing water carrier rate, fare, charge, or classification, or any joint rate, or any regulation or practice affecting the transportation of persons or property, or any service in connection therewith is unreasonable or unjustly discriminatory or that any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification, joint rate, regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate.
(2) Time to comply with orders. Where the order made relates to service, and the same cannot, in the judgment of the office, be complied with within 20 days, the office may prescribe such additional time as in its judgment is reasonably necessary to comply with the order and may on application and for good cause shown further extend the time.
(3) Rates not changed by water carrier. All water carriers to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any water carrier in any such rates, fares or charges, or in any joint rates except as provided in s. 195.08.
(4) Modification of orders. The office may by order at any time, upon notice to the water carrier and after opportunity to be heard, rescind, alter or amend any order fixing any rate or rates, fares, charges or classification, or any other order made by the office.
History: 1981 c. 347 s. 80 (1); 1985 a. 187; 1993 a. 16, 123; 2005 a. 179.
Res judicata is inapplicable to commission orders since no time limitation is imposed for petitioning to reopen and the commission can rescind the previous executory order at any time. Village of Prentice v. Wisconsin Transportation Commission, 123 Wis. 2d 113, 365 N.W.2d 899 (Ct. App. 1985).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 195 - Railroad and water carrier regulation.
195.02 - Definitions, scope of chapter, application of statute.
195.03 - Office; powers and duties, general enumeration.
195.04 - Complaints, investigation, hearings, notice.
195.041 - Separate rate hearings; absence of direct damage.
195.042 - Summary investigations.
195.043 - Procedure after summary investigation.
195.044 - Witness fees and mileage.
195.047 - Transcripts as evidence.
195.048 - Incriminating evidence.
195.05 - Office; water carrier rates, regulations, service, procedure.
195.06 - Office orders prima facie lawful.
195.08 - Water carrier rates, schedules, service.
195.11 - Discriminations prohibited.
195.12 - Preference by water carriers prohibited.
195.13 - Rebates and concessions, unlawful to accept.
195.14 - Free transportation; reduced rates, passes, limitations.
195.15 - Transportation contracts, filed.
195.19 - Relocation of facilities.
195.20 - Joint use of railroad property.
195.25 - Medical supplies on trains.
195.26 - Safety devices; block system.
195.27 - Safe tracks and bridges.
195.28 - Protecting grade crossings.
195.285 - Exempt railroad crossings.
195.286 - Highway crossings, advance warning signs.
195.29 - Railroad highway crossings.
195.30 - Railroad crossings; grade separation, safety devices.
195.307 - Snowmobile rail crossings.
195.32 - Safety gates on drawbridges.
195.34 - Reports of accidents, investigation.
195.36 - General penalty upon railroads and water carriers.
195.37 - Water carrier freight charges; collection, refund.
195.38 - Water carrier freight bills; examination; refunds.
195.45 - Common carriers of passengers or property by water; certificate required.
195.50 - Information, papers and accounting.
195.60 - Payment of office expenses by railroads and water carriers.