Chapter Trans 313

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.

Trans 313.04(6)(d)2. 2. Allow for sorting or filtering of data.

Trans 313.04(6)(d)3. 3. Make data available in its entirety for department-approved academic or department study purposes.

Trans 313.04(6)(e) (e) Except as provided in par. (h), the manufacturer or vendor shall make the system allow an authorized user to request alerts if a particular customer commits a violation. Alerts may be provided by electronic mail, text message, or other delivery service. Log-in to the system may be required to review digital images, digital videos, or confidential information related to a violation.

Trans 313.04(6)(g) (g) For research-related purposes, location data may be shared with an academic or research institution approved by the department under par. (b) 8., provided that the research entity creates a mechanism to prevent disclosure of the location information to third parties, including law enforcement, and stores the data in a manner and for a purpose approved by the department.

Trans 313.04(6)(h) (h) If the department establishes a centralized database for ignition interlock data, the department may require manufacturers and vendors to upload data collected under sub. (5) (d) and reported under sub. (5) (dm). Reporting shall be accomplished using a department defined data dictionary and, in a format, and in the frequency established by the department. Issuance of an order by the department under this paragraph and a manufacturer or vendor’s uploading to the centralized database shall relieve the manufacturer or vendor from having to comply with pars. (b) to (e).

Trans 313.04 Note Note: The reporting provisions of this subsection are intended to provide a mechanism by which ignition interlock providers can communicate effectively with law enforcement and the department as provided in s. 110.10 (4) and (5), Stats.

Trans 313.04(7) (7) Authorized repair facilities.

Trans 313.04(7)(a) (a) A manufacturer may repair handsets, vehicle modules, other device components and auxiliary components that it manufactured.

Trans 313.04(7)(b) (b) The manufacturer shall identify all repair facilities that it authorizes to conduct repairs.

Trans 313.04(7)(c) (c) The manufacturer shall provide evidence of the technical competence of repair facilities identified under par. (b).

Trans 313.04(7)(d) (d) Technical competence of repair facilities is required for device approval.

Trans 313.04(8) (8) Exercise of release of information. If the department requests information regarding a device from another jurisdiction using a release provided under sub. (2) (b) 11., the department shall notify the applicant of the fact that it is making the request and provide the manufacturer with an opportunity to identify any materials the manufacturer believes are confidential and to comment on the testing or evaluation conducted by the other jurisdiction.

Trans 313.04 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: renum. (1) to (1) (a) and am., cr. (1) (b), am. (2) (a) (intro.), (b) (intro.), 3. to 6., cr. (2) (b) 8. to 20., (c), am. (3), cr. (3m), am. (4) (a), (b), cr. (4) (d), (e), (5) (intro.), am. (5) (a), r. and recr. (5) (b), cr. (5) (bm), am. (5) (c), cr. (5) (ce) to (cs), am. (5) (d) (intro.), cr. (5) (d) 2m., am. 3., cr. (5) (d) 3m., 8., (dm), (e) (title), r. (5) (e) 1., am. (5) (e) 2., renum. (5) (e) 3. (intro.) to (5) (e) 3. and am., r. (5) (e) 3. a. to d., cr. (5) (e) 4., (f) to (n), (6) to (8) Register September 2021 No. 789, eff. 10-1-21; correction in (2) (b) 12., (5) (j) 1., (6) (h) made under s. 35.17, Stats., Register September 2021 No. 789; correction in (4) (e), (5) (bm) 2. made under s. 35.17, Stats., Register October 2022 No. 802.

Trans 313.05 Trans 313.05 Financial responsibility.

Trans 313.05(1) (1) Liability insurance. A manufacturer shall carry product liability insurance with minimum liability limits of $1 million per occurrence, with $3 million aggregate total. The liability insurance shall include coverage for defects in product design and materials as well as in the manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days notice will be given to the department before cancellation of the insurance.

Trans 313.05(2) (2) Indemnification. A manufacturer shall indemnify and hold harmless the state of Wisconsin, the department and its officers, employees, and agents from all claims, demands, actions, and costs whatsoever which may arise, directly or indirectly, out of any act or omission by the manufacturer relating to the installation, service, repair, use and removal of a device.

Trans 313.05 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93.

Trans 313.06 Trans 313.06 List of approved devices. A complete list of devices approved by the department shall be maintained by the chemical testing section.

Trans 313.06 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 313.07 Trans 313.07 Denial, suspension or revocation of device approval.

Trans 313.07(1) (1) The department may deny, suspend or revoke approval of a device, and remove it from the list of approved devices, for any of the following reasons:

Trans 313.07(1)(a) (a) Defects in design, materials or workmanship causing repeated failures of a device.

Trans 313.07(1)(b) (b) Termination or cancellation of a manufacturer’s or vendor’s liability insurance.

Trans 313.07(1)(c) (c) The manufacturer discontinues the business of manufacturing devices.

Trans 313.07(1)(d) (d) Voluntary request by a manufacturer or vendor to cancel approval of a device.