Chapter Trans 313

Trans 313.04(2)(b)17. 17. If the device has previously been evaluated by the department, an explanation of all modifications made to the hardware and software of the device since that evaluation, a data supported explanation as to why the applicant believes that the modifications made to the device should result in the successful evaluation of the device, and any test results for the device the applicant has performed.

Trans 313.04 Note Note: This provision is intended to reduce waste by eliminating a requirement to re-evaluate a device that failed testing previously, unless the applicant can explain and demonstrate with evidence the basis for believing the device will pass if retested.

Trans 313.04(2)(b)18. 18. A document that clearly describes the manufacturer’s or vendor’s quality control process for resolving noncompliance with the requirements of this chapter by its service providers.

Trans 313.04(2)(b)19. 19. An explanation of responsibility for responding to consumer questions and complaints, as required by s. Trans 313.10 (2) (c).

Trans 313.04(2)(b)20. 20. Any other information required on the department’s form.

Trans 313.04(2)(c) (c) An applicant shall respond to all the department’s inquiries into any deficiency of the applicant’s application in a timely manner. If an applicant fails to respond to and remedy any application deficiency brought to its attention by the department within 90 days, the application is considered incomplete and the applicant shall restart the application process.

Trans 313.04(3) (3) Time for decision. The department shall approve or disapprove a device not later than 30 days after receipt of all required application materials and completion of all equipment testing.

Trans 313.04(3m) (3m) Evaluation queue.

Trans 313.04(3m)(a) (a) Once the department receives an application with all the information required in sub. (2), the department shall place that application in an evaluation queue maintained by the department.

Trans 313.04(3m)(b) (b) The department shall evaluate devices in the order its corresponding application is placed in the evaluation queue, except as provided in par. (d).

Trans 313.04(3m)(c) (c) The department shall notify an applicant at the time its device reaches the point in the evaluation queue that the department is prepared to begin testing the device.

Trans 313.04(3m)(d) (d) The department may require installation of devices under sub. (4) (b) by a prescribed deadline. Failure to install devices by that deadline may result in the device evaluation being delayed. If an applicant fails to install devices by any required deadline, the department may provide notice to the next applicant in the evaluation queue and evaluate that other device.

Trans 313.04(4) (4) Evaluation.

Trans 313.04(4)(a) (a) The applicant shall submit at least two devices, as specified in the application, to the department for evaluation. The department may require different functions or features to be activated for the two devices.

Trans 313.04(4)(b) (b) The applicant, or its agent on its behalf, shall install the device in a vehicle provided by the department. When applicable, the applicant shall provide the department with an adequate supply of disposable mouthpieces.

Trans 313.04(4)(c) (c) The department shall independently evaluate each device to ensure compliance with the requirements in sub. (5). The evaluation criteria include, but are not limited to, repeated testing of alcohol-laden samples, filtered samples, circumvention attempts and tampering.

Trans 313.04(4)(d) (d) During the evaluation period, the applicant shall provide the department with a computer that has all software for the department to access test data from the device in near real-time or no later than 24 hours after a test is performed, or some other mechanism that provides that functionality.

Trans 313.04(4)(e) (e) If the department disapproves a device based on a failed evaluation, an application for the device may not be evaluated, nor placed in the evaluation queue under sub. (3m) (a), nor may the device be evaluated for 6 months. The department may waive this required 6-month period if the application is accompanied by all application materials specified in sub. (2) (b) 17.

Trans 313.04(5) (5) Standards and specifications. An applicant shall ensure that any device that it distributes for use in the state of Wisconsin meets all the following requirements:

Trans 313.04(5)(a) (a) Minimum federal standards for devices. All devices shall meet or exceed the standards established by the U.S. department of transportation, national highway traffic safety administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID)” 78 Fed. Reg. 89, pp. 26849–26867 (May 8, 2013).

Trans 313.04 Note Note: This federal standard is available on file at the Legislative Reference Bureau and from the Department of Transportation, Division of State Patrol, Chemical Testing Section, 3502 Kinsman Blvd, Madison, WI, 53704-2549, or online at https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf.

Trans 313.04(5)(b) (b) Retest feature. The device shall be programmed to have a retest feature. The retest feature shall require the driver to submit to a sample sequence no more than 5 minutes after the vehicle is made operable following a successful start sequence. The retest feature shall require additional subsequent tests at random intervals of 5 to 30 minutes until the vehicle ceases operation.

Trans 313.04(5)(bm) (bm) Failed retests. The device’s retest feature shall be programmed to include all of the following features:

Trans 313.04(5)(bm)1. 1. ‘Activation of Alert.’ A driver’s failure to provide a breath sample that is less than the device’s alcohol setpoint shall trigger a confirmation retest sequence, as described in subd. 2. If the driver does not provide a passing breath sample in response to the confirmation retest, the device shall activate the device’s alert mode until the earlier of the time the vehicle is shut off, or the time the driver provides a passing breath sample to the device.

Trans 313.04(5)(bm)2. 2. ‘Confirmation retest.’ Upon activation of a confirmation retest sequence under subd. 1., a device shall wait 2 minutes and then commence a sample sequence. If no passing sample is provided as part of the sample sequence, the device shall activate its alert mode. Upon expiration of the sample sequence, the device shall resume normal retest intervals.

Trans 313.04 Note Note: If the vehicle is shut off before a passing breath sample is provided, a passing breath sample shall be required to restart the vehicle. See par. (j) 2. and 3.

Trans 313.04(5)(c) (c) Testing protocol feature. Whenever the device demands a breath sample, the device shall be programmed to allow multiple attempts, but no fewer than 3 attempts, to provide a breath sample within a 5-minute period.

Trans 313.04(5)(ce) (ce) Start sequence. The device shall be programmed to allow the customer to operate the vehicle if the device records a passing breath sample during the start sequence. If the device fails to record a passing breath sample in the start sequence, then the device shall prevent the customer from operating the vehicle.

Trans 313.04 Note Note: This paragraph does not require a time period to elapse between start sequences. “Temporary lockouts” that were required under prior law are eliminated.

Trans 313.04(5)(cm) (cm) Permanent lockout feature. The device shall be programmed to enter a permanent lockout condition when service is not completed within 7 days of a service reminder.

Trans 313.04 Note Note: Entering permanent lockout mode prevents initiation of a start sequence for the vehicle. See s. Trans 313.03 (17).

Trans 313.04(5)(cs) (cs) Violation reset. The device shall be programmed to have a violation reset feature that is triggered by any of the following:

Trans 313.04(5)(cs)1. 1. Three violations.

Trans 313.04(5)(cs)2. 2. Detection of one or more tampering or circumvention attempts.

Trans 313.04(5)(d) (d) Recorded data. A device shall record data in a format that allows the data to be wirelessly transmitted or printed and that includes all of the following:

Trans 313.04(5)(d)1. 1. The date and time of any use or attempted use of a vehicle.

Trans 313.04(5)(d)2. 2. The date and time of any attempt to tamper, circumvent or bypass the device.

Trans 313.04(5)(d)2m. 2m. The date and time of any sample reported by the device.

Trans 313.04(5)(d)3. 3. The result of any request for a sample made by the device including, if a breath sample was provided, the date, time and alcohol concentration, in grams per 210 liters, of each breath sample provided to the device.

Trans 313.04(5)(d)3m. 3m. The date and time of any activation or deactivation of the device’s alert mode.

Trans 313.04(5)(d)4. 4. The date and time of any malfunctions of the device.

Trans 313.04(5)(d)5. 5. The date and time of any failures to provide retest samples.

Trans 313.04(5)(d)6. 6. The date that a “service required” message is issued to the customer.

Trans 313.04(5)(d)7. 7. The date that any service is performed.

Trans 313.04(5)(d)8. 8. All images captured by the device, including the date and time those images were captured.

Trans 313.04(5)(dm) (dm) Electronic transfer of data. The device shall provide a means of electronically transferring the data collected under par. (d) to the database described in sub. (6). Data related to violations shall be transmitted using near real-time reporting of violations via electronic transmission as provided in par. (m). Usage and other data shall be reported by means of a downloaded report of all required data fields downloaded from the device at time of service for the service interval preceding the service. All data shall be provided in the format specified by the department.

Trans 313.04 Note Note: Under s. Trans 313.07 (1) (e), device approval for use in the state of Wisconsin may be revoked, suspended or denied if an entity fails to transmit data in the manner described in this paragraph.

Trans 313.04(5)(e) (e) Information provided to customer. A device must provide all of the following information to a customer:

Trans 313.04(5)(e)2. 2. Reminder of the date for service, beginning 7 days prior to a scheduled service date as part of each start sequence.

Trans 313.04(5)(e)3. 3. Reminder as part of each start sequence to obtain service by the seventh day following the date a violation reset is initiated.

Trans 313.04 Note Note: For the definition of “violation reset” see s. Trans 313.03 (27).

Trans 313.04(5)(e)4. 4. A qualitative result for each breath sample.

Trans 313.04 Note Note: An adequate qualitative result might indicate whether sample was a passing breath sample (see definition in s. Trans 313.03 (16r)), a failed sample, a failure to provide a sample or an error. The result should indicate to the user why the device prevents operation of the vehicle, requires a confirmation test, enters alert mode or behaves in a manner inconsistent with behavior following a passing breath sample. Display of specific alcohol concentrations, quantitative results, is not permitted.

Trans 313.04(5)(f) (f) Camera feature. A camera feature is required for all devices. It shall capture an image at the time the device user is providing a sample, or if no sample is provided, at test expiration. The image shall provide a clear and accurate image of persons seated in a front seat of the vehicle and the entire front seat including any pass-through area to rear positions of the vehicle, so that it is possible to determine whether circumvention is being attempted or utilized.

Trans 313.04(5)(g) (g) Alcohol specific quantification sensor. The device shall use an alcohol-specific quantification sensor that provides an accurate and reliable measure of alcohol in the breath sample.

Trans 313.04(5)(h) (h) Bypass switch. Except as provided in pars. (i) and (j), the device may not contain a bypass switch or mechanism that allows a person to bypass, circumvent or manually override the device in any manner, which would allow a person to operate the vehicle without providing a passing breath sample.

Trans 313.04 Note Note: Allowing a person to operate a vehicle using a lockout code in accordance with par. (i) or to restart a vehicle in accordance with par. (j) does not violate this requirement.

Trans 313.04(5)(i) (i) Lockout code feature. The device may be programmed to allow a person to operate the vehicle by using a lockout code provided by the manufacturer, at its discretion, with the following requirements:

Trans 313.04(5)(i)1. 1. A lockout code may only be used to operate the vehicle once in any 60-day service interval.

Trans 313.04(5)(i)2. 2. The lockout code is functional only when the device is in permanent lockout.

Trans 313.04(5)(i)3. 3. The lockout code is functional for one use only and expires no later than 24 hours after the manufacturer provides the lockout code to a person.

Trans 313.04(5)(i)4. 4. The lockout code shall enable the device to accept a breath sample, and if the vehicle is started, the device must operate in accordance with this section.

Trans 313.04(5)(i)5. 5. The device shall revert to permanent lockout mode if the lockout code expires.

Trans 313.04(5)(i)6. 6. The device shall revert to permanent lockout mode if the lockout code is used, the vehicle is turned off and the restart period described in s. Trans 313.03 (20) expires.

Trans 313.04(5)(j) (j) Restart feature. The device shall be programmed to have a restart feature with the following functions:

Trans 313.04(5)(j)1. 1. If the vehicle stalls or is turned off following a successful test and before a retest is required under par. (b), the device shall permit the vehicle to restart without requiring a breath sample during the 2-minute period following the vehicle stalling or being turned off. The restart feature under this subdivision may not alter the time interval required for the next retest.

Trans 313.04(5)(j)2. 2. If the most recently provided breath sample was above the alcohol setpoint, then the restart feature may not function until the customer provides a passing breath sample.

Trans 313.04(5)(j)3. 3. If the device has prompted the customer for a retest, then the restart feature may not function until the customer provides a passing breath sample.

Trans 313.04(5)(k) (k) Removable handset. A device that has a removable handset may be programmed to permit a customer to disconnect the handset of the device, when the vehicle is turned off, without triggering the device’s tamper detection feature or causing the device to record a violation.

Trans 313.04(5)(L) (L) Daylight savings feature. The device shall be programmed to automatically adjust for daylight savings time.

Trans 313.04(5)(m) (m) Near real-time reporting feature. The device shall be programmed to have a near real-time reporting feature. Each time the device records a violation, the device must electronically report the violation. The report shall include the sample sequences that created the violation, the 10 preceding sample sequences, and a maximum of 10 subsequent sample sequences to the database established under sub. (6). The report shall be transmitted once the device is within range of Wi-Fi, cellular or satellite service or other wireless electronic transmission system the device is configured to utilize. Once a violation or preceding sample sequence has been reported, that violation or preceding sample sequence need not be re-reported with subsequent violation reports.

Trans 313.04(5)(n) (n) Security features. The device shall include all of the following security features:

Trans 313.04(5)(n)1. 1. A unique and easily identifiable tamperproof seal or connector on all wired connections used to install the device.

Trans 313.04(5)(n)2. 2. Connections to the vehicle that can be found under the dash or in an inconspicuous area of the vehicle.

Trans 313.04(5)(n)3. 3. A unique and easily identifiable tamperproof seal on the vehicle module and handset.

Trans 313.04(6) (6) Ignition interlock data system.

Trans 313.04(6)(a) (a) The manufacturer or vendor shall establish a computerized database to store all information collected under sub. (5) (d).

Trans 313.04(6)(b) (b) Except as provided in par. (h), the manufacturer or vendor shall provide remote access to that database for all of the following:

Trans 313.04(6)(b)1. 1. The department.

Trans 313.04(6)(b)2. 2. Any law enforcement agency.

Trans 313.04(6)(b)3. 3. Assessment agencies.

Trans 313.04(6)(b)4. 4. Treatment providers.

Trans 313.04(6)(b)5. 5. Department of corrections officials.

Trans 313.04(6)(b)6. 6. Probation and parole officials.

Trans 313.04(6)(b)7. 7. Courts.

Trans 313.04(6)(b)8. 8. Any university or research group engaged in a study approved by the department.

Trans 313.04(6)(c) (c) Except as provided in par. (h), the manufacturer or vendor shall design the system to permit the authorized users to login to a secure website and review or download the data stored under par. (a).

Trans 313.04(6)(d) (d) Except as provided in par. (h), the manufacturer or vendor shall:

Trans 313.04(6)(d)1. 1. Make data available by device ID or serial number, by customer name, or by Wisconsin driver license number.