Chapter Trans 313

Trans 313.105(6)(d) (d) Immediately report the tampering, circumvention, or bypass attempt event to the department in the manner prescribed by the department, to the sheriff in the violator’s county of residence, and to the sheriff in the county in which the violation occurred if that location can be determined from device location data or other information.

Trans 313.105(7) (7) Violation reset reporting. A manufacturer, vendor, or service provider shall immediately report any violation reset to the department in the manner prescribed by the department.

Trans 313.105(8) (8) Testimony. A manufacturer, vendor, or service provider shall provide at no cost to the State any testimony requested by the State or any prosecutor in this State, described in the affirmation made pursuant to s. Trans 313.04 (2) (b) 14.

Trans 313.105 History History: CR 20-020: cr. Register September 2021 No. 789, eff. 10-1-21; correction in (4) (c) 1. made under s. 35.17, Stats., Register September 2021 No. 789.

Trans 313.12 Trans 313.12 List of authorized service centers. A manufacturer or vendor shall provide the department with a list of all service centers in Wisconsin that are authorized by the manufacturer or vendor to install, service or remove the manufacturer’s or vendor’s devices. The manufacturer or vendor shall cause the list to clearly state the price charged by the service center for installation, maintenance, calibration, violation reset service, and removal of the device, and shall disclose any additional fees or charges that may be imposed on the customer, including all fees described in s. Trans 313.10 (12). If insurance for the device is made available to the customer, the list shall include the cost to replace the device and the monthly cost for the insurance. The department shall make this list available to all Wisconsin courts and to the public on its internet website.

Trans 313.12 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 35.17, Stats., Register October 2022 No. 802.

Trans 313.13 Trans 313.13 Administrative procedures.

Trans 313.13(1) (1) The clerk of court or a court shall report the issuance of any court order requiring the installation and use of a device to the department in one of the following ways:

Trans 313.13(1)(a) (a) In the comments section of the uniform traffic citation.

Trans 313.13 Note Note: The Uniform Traffic Citation is DMV form number MV-4016.

Trans 313.13(1)(b) (b) On the conviction status report.

Trans 313.13 Note Note: The conviction status report is DMV form MV-3435.

Trans 313.13(1)(c) (c) In the miscellaneous section of the conviction report.

Trans 313.13(1)(d) (d) On the petition for occupational license.

Trans 313.13 Note Note: The petition for occupational license is DMV form MV-3027.

Trans 313.13(2) (2) 

Trans 313.13(2)(a) (a) All court orders requiring the installation and use of a device on one or more vehicles shall include the beginning and ending dates for the restriction, and shall identify each vehicle to which the order applies.

Trans 313.13(2)(b) (b) All orders imposing an ignition interlock restriction on a person’s operating privilege shall include the date on which the order was issued and the length of time that the ignition interlock restriction shall be effective, consistent with the requirements of ch. 343, Stats.

Trans 313.13 Note Note: The length of the ignition interlock device restriction periods for vehicles and operating privileges are set in s. 343.301 (2m) (a) and (b), Stats. Operating privilege restrictions extend from the date of the order for a period of time that extends from the date the person next obtains a license from the department to a date in the future. The length of the restriction period, from the date the driver obtains a license from DMV, is determined by the court, and is not less than one year nor longer than the maximum revocation period resulting from the offense. The maximum periods of revocation that can be ordered as a result of an alcohol-related driving offense are set forth in ss. 343.30 (1q) (b), 343.31 (2) and 343.31 (1m), Stats. Ignition interlock device operating privilege restriction periods may be extended under s. 347.50 (1t), Stats.

Trans 313.13(3) (3) When the department is notified that a device has been ordered as a condition of licensing, the department shall place a restriction on the customer’s driver record, requiring that the customer operate only vehicles equipped with a device. This restriction will appear on any license issued to the customer during the restriction period.

Trans 313.13(4) (4) A customer who has been ordered to install a device in a vehicle, shall provide proof of installation to the department before the customer may be issued an operator or occupational license. A service provider may provide this proof on the customer’s behalf in accordance with s. Trans 313.10 (4) (d).

Trans 313.13 Note Note: Section Trans 313.10 (4) (d) has been repealed.

Trans 313.13(5) (5) A customer may contact any of the manufacturers, vendors or service providers on the department’s approved list. The customer is responsible for obtaining a device and for all costs associated with the installation, service, repair and removal of the device.

Trans 313.13 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. (1) (intro.), renum. (2) to (2) (a) and am., cr. (2) (b), am. (3), (4) Register September 2021 No 789, eff. 10-1-21.

Trans 313.14 Trans 313.14 Restrictions on removing device.

Trans 313.14(1) (1) No person other than a service provider may remove a device from a vehicle before the restriction period has elapsed, unless the customer surrenders to the department all operator and occupational licenses in the customer’s possession.

Trans 313.14(2) (2) No service provider may remove a device from a vehicle before the restriction period has elapsed, unless the customer does one of the following:

Trans 313.14(2)(a) (a) Requests that the device be removed from the vehicle.

Trans 313.14(2)(b) (b) Intentionally damages the device.

Trans 313.14(2)(c) (c) Fails to pay for installation, service or calibration of the device, or other charges assessed to the person and authorized under this chapter.

Trans 313.14(2)(d) (d) Behaves with an offensive or abusive personality toward manufacturer, vendor or service provider personnel.

Trans 313.14(2)(e) (e) Fails to comply with a contract with the manufacturer, vendor or service provider.

Trans 313.14(2)(f) (f) Removes the device to preserve evidence or tampering or circumvention in accordance with s. Trans 313.105 (6).

Trans 313.14 Note Note: If a service provider removes a device, it is required to promptly notify DMV so that appropriate license actions may be taken. See s. Trans 313.10 (6) (b).

Trans 313.14(3) (3) A service provider may not charge more than its ordinary and reasonable time and materials charges for removing a device.

Trans 313.14 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. (1), r. and recr. (2), cr. (3) Register September 2021 No. 789, eff. 10-1-21; correction in (2) (f) made under s. 35.17, Stats., Register October 2022 No. 802; CR 22-048: am. (1) Register July 2023 No. 811, eff. 8-1-23.

Trans 313.15 Trans 313.15 Audit authority. The department may audit and inspect the facilities and records of a manufacturer, vendor or service provider, including mobile service locations, to verify compliance with the requirements of this chapter. Manufacturers, vendors and service providers shall retain all records relating to an application for approval, installation, service, removal and use of a device, for at least 3 years, and shall make these records available to the department for inspection and copying upon request.

Trans 313.15 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. Register September 2021 No. 789, eff. 10-1-21.

Trans 313.16 Trans 313.16 Other prohibited conduct.

Trans 313.16(1) (1) Nondiscrimination. No manufacturer, vendor or service provider may discriminate for or against a person by reason of sex, race, creed, color, sexual orientation, national origin or ancestry, gender, gender expression, age, disability, marital status, or military status in any of its activities or operations.

Trans 313.16 Note Note: See s. 227.10 (3) (a), Stats.

Trans 313.16(2) (2) Deep lung air requirement. No person, manufacturer, vendor or service provider may modify, alter, or adjust the settings or programming of any device so as to require less than 1.5 liters of air per breath sample.

Trans 313.16 Note Note: Reducing the volume of air required to use the device is not considered a reasonable accommodation of any disability because a sample of that size is required for the device to reliably and properly perform its intended function of measuring alcohol concentration.

Trans 313.16(3) (3) Alteration of settings or programming. No person may modify, alter, or adjust the settings or programming of any device, except as provided in s. Trans 313.105 (3).

Trans 313.16(4) (4) Repairs. No person may repair handsets or vehicle modules unless it is a manufacturer or is a manufacturer-approved authorized device repair facility.

Trans 313.16(5) (5) Advice leading to lockout mode. No manufacturer, vendor or service provider may advise or counsel a person to violate any law or take any action that will result in a device entering a lockout mode or needing service.

Trans 313.16(6) (6) Motorcycle and moped prohibition. No person may install a device on a motorcycle or moped in this state.

Trans 313.16 Note Note: Section 343.301 (1m) (b), Stats. requires courts to exempt vehicles for which the department has not approved an ignition interlock device that is capable of being installed on the vehicle from any ignition interlock order is issues under 343.301 (1g), Stats. The department has not approved any devices for use on motorcycles because of the safety hazard use of the device would present to the operator. This provision prevents installation on motorcycles in this state, but does not prohibit the use of motorcycles in this state on which IIDs have been installed in other jurisdictions.

Trans 313.16 History History: CR 20-020: cr. Register September 2021 No. 789, eff. 10-1-21.

Trans 313.17 Trans 313.17 Ignition interlock emergencies. The Secretary of the Department of Transportation may declare an ignition interlock emergency if a natural disaster, epidemic, or other emergency arises that affects the ability of manufacturers, vendors and service providers to service and install ignition interlock devices in this state. The Secretary may, by such order, extend any of the deadlines or time limits established in this chapter or waive any of the requirements of this chapter for a period not to exceed 6 months.

Trans 313.17 Note Note: In the event longer periods of exemption or waiver are required, they can be accomplished through emergency rulemaking procedures set forth in s. 227.24, Stats.

Trans 313.17 History History: CR 20-020: cr. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 35.17, Stats., Register October 2022 No. 802.