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Note: Section Trans 313.10 (4) (d) has been repealed.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(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)(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 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 313.16(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(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.
