Chapter Trans 313

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.

Trans 313.07(1)(e) (e) Failure of a manufacturer, vendor, or service provider to comply with any of the provisions of this chapter or any Wisconsin Statute, any federal law, or the law of another jurisdiction if that failure in the other jurisdiction would have been a basis for denial, suspension or revocation of device approval in this state.

Trans 313.07(1)(f) (f) Provision of materially false or inaccurate information relating to a device’s performance standards, by a manufacturer, vendor, or service provider.

Trans 313.07(1)(g) (g) Modification or alteration of the components, design or installation and operation instructions for an approved device without complying with the provisions of s. Trans 313.08 (1) or in a manner that causes the device to not satisfy the requirements of this chapter.

Trans 313.07(1)(h) (h) Failure to provide service in an area assigned to a manufacturer, vendor or service provider under s. Trans 313.09 (2).

Trans 313.07(1)(i) (i) Repeated failure to provide notice of a service center location change or mobile service center discontinuance in accordance with s. Trans 313.09 (3) or (4).

Trans 313.07(1)(j) (j) Failure to maintain a system of manufacturer authorized repair or an inventory of parts needed to effect repairs or replacement of a model of device.

Trans 313.07(1)(k) (k) Failure to provide ignition interlock installation and service for one half the cost of equipping and maintaining the device upon receipt of a court order issued under s. 343.301 (3) (b), Stats.

Trans 313.07(1)(L) (L) Failure to provide addresses or locations at which mobile service is to be provided.

Trans 313.07(2) (2) A suspension or revocation is effective 15 days after notification is sent to the registered agent of the manufacturer, vendor or service provider that applied for approval of the device under s. Trans 313.04 at the address provided pursuant to s. Trans 313.04 (2) (b) 15. or the address of the registered agent on file with the Department of Financial Institutions by certified mail.

Trans 313.07(3) (3) A manufacturer or vendor may appeal a denial, suspension or revocation of approval for a device under sub. (1). The person appealing shall submit the request for appeal to the department, in writing, within 15 days of the receipt of a notice of denial, suspension or revocation.

Trans 313.07(4) (4) If approval of a device is denied, suspended, revoked or voluntarily surrendered, the applicant for device approval under s. Trans 313.04 shall be responsible for any costs connected with the removal of its devices from customers’ vehicles and the installation of new devices in those customers’ vehicles from the department’s list of approved devices.

Trans 313.07 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: r. and recr. (1), am. (2) to (4) Register September 2021 No. 789, eff. 10-1-21.

Trans 313.08 Trans 313.08 Manufacturer responsibilities.

Trans 313.08(1) (1) Modifications. A manufacturer shall meet all of the following requirements:

Trans 313.08(1)(a) (a) Notify the department in writing of any material modification in the components, design or installation and operating instructions of any device approved for use in this state. For purposes of this paragraph, a modification shall be considered material if the modification affects device operation or functionality.

Trans 313.08(1)(b) (b) Provide the department satisfactory proof that modifications or alterations for which notice is provided under par. (a) do not adversely affect the ability of the device to satisfy the requirements of s. Trans 313.04.

Trans 313.08(1)(c) (c) Upon the department’s request, provide any new or updated materials related to quality assurance of the calibration procedure and device calibration checks provided under s. Trans 313.04 (2) (b) 13.

Trans 313.08(1)(d) (d) Upon the department’s request, provide sample modified devices the department may inspect or test for continued acceptability under this chapter.

Trans 313.08(2) (2) Manufacturer approved repair facilities. A manufacturer shall provide for the repair of the internal components of handsets and vehicle modules through its own technicians or a manufacturer-approved authorized device repair facility.

Trans 313.08 Note Note: Manufacturer-approved authorized device repair facilities shall demonstrate the technical competence to repair handsets and vehicle modules as a condition of device approval. See s. Trans 313.04 (2) (b) 8.

Trans 313.08(3) (3) Mouthpieces. A manufacturer or vendor shall make an adequate supply of mouthpieces or other replaceable breath receptor devices available to a service provider.

Trans 313.08(4) (4) Anti-tampering. A manufacturer shall ensure that a device has adequate electronic anti-tampering features which include all of the following:

Trans 313.08(4)(a) (a) A device shall retain its tamper detection capabilities when disconnected from the vehicle’s power supply, or record that it was disconnected.

Trans 313.08(4)(b) (b) A device shall retain its data memory when disconnected from the vehicle’s power supply.

Trans 313.08(4)(c) (c) When a device detects a condition that would be considered tampering, the device shall activate a visual and audible indicator.

Trans 313.08 Note Note: Detected tampering must be reported, and evidence retained under s. Trans 313.105 (7).

Trans 313.08(5) (5) Training.

Trans 313.08(5)(a) (a) For each device model a manufacturer or vendor seeks to have approved under s. Trans 313.04, upon the department’s request, the device manufacturer or vendor shall provide a total of at least 10 hours of training to the department’s employees at no cost to the State of Wisconsin. For each device that is approved by the department, upon the department’s request, the device manufacturer or vendor shall provide ongoing training. The manufacturer or vendor shall hold training sessions at reasonable times and locations within the State designated by the department. The training shall familiarize the department’s employees with the installation, operation, service, repair and removal of the devices and with the training and instructions that the manufacturer or vendor will give to service providers and customers. The manufacturer or vendor shall also provide the department, upon request, all materials intended for distribution to service providers or customers related to installation, operation, repair or removal of the device.

Trans 313.08(5)(b) (b) The manufacturer or vendor shall loan the department, free of charge, a demo unit for each approved device that department personnel may use for training staff, court officials, law enforcement officers, or others. The manufacturer or vendor shall provide service for the loaned device free of charge at the chemical testing section Madison office or at the closest service center thereto.

Trans 313.08(5)(c) (c) The manufacturer or vendor shall develop device installation instructions for service provider use and share them with the department upon request.

Trans 313.08(6) (6) Disabling a lockout. A manufacturer or vendor may provide a lockout code for the purpose of disabling a lockout event in accordance with s. Trans 313.04 (5) (i).

Trans 313.08 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: r. and recr. Register September 2021 No. 789, eff. 10-1-21.

Trans 313.09 Trans 313.09 Statewide service.

Trans 313.09(1) (1) In order to ensure that devices are available to persons in all areas of the state, as a condition of approval and use in the state of Wisconsin, each device must include an affirmation from the device manufacturer, vendor of the device, or a service provider that it will agree to take assignments to unserved areas of the state of Wisconsin in accordance with this section.

Trans 313.09(2) (2) The department shall monitor the service center sites throughout Wisconsin. If the department determines that any place in Wisconsin is not within 75 miles of a fixed, permanent service center, the department shall randomly select one of the entities that made an affirmation under sub. (1) and require that entity to establish a service center or provide a mobile service center in the unserved area. If a second or subsequent area of Wisconsin is determined not to be within 75 miles of a fixed, permanent service center, the department shall randomly select an entity that made an affirmation under sub. (1) other than the ones selected previously and require that entity to establish a service center or provide a mobile service in the unserved area. If all entities that make affirmations under sub. (1) have been required to provide service centers under this subsection, the process of randomly selecting entities shall be repeated.

Trans 313.09(3) (3) A manufacturer or vendor shall notify the department in writing at least 7 days before a fixed, permanent service center closes or a fixed, permanent service center moves to another address. In the event a fixed, permanent service center moves, the manufacturer or vendor shall provide the department with the address of the new fixed, permanent service center location or notice that service to the area of the fixed, permanent service center will be provided by a mobile service center at least 7 days before the scheduled service center move. In the event of an emergency, such as a flood, fire, riot, or weather-related event affects a service center, the manufacturer or vendor shall provide the department with notice of the effect of the emergency event on the service center and its plans for re-establishing service at that location or moving the service center to a new location as soon as reasonably possible.

Trans 313.09(4) (4) A manufacturer or vendor shall provide the department with at least 7 days’ advance notice of discontinuing mobile service to any part of the state. Service may not be discontinued to any location assigned to an affirmant under sub. (2) unless the affirmant can show that a different entity is providing service in that area.

Trans 313.09 Note Note: Under s. Trans 313.07 (1) (h), device approval for use in the state of Wisconsin may be revoked, suspended or denied if an entity that made a service provider affirmation under sub. (1) fails to provide reasonable service in an area assigned to the service provider under sub. (2).

Trans 313.09 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: r. and recr. Register September 2021 No. 789, eff. 10-1-21; correction in (4) made under s. 35.17, Stats., Register October 2022 No. 802.

Trans 313.10 Trans 313.10 Service provider responsibilities.

Trans 313.10(1) (1) Periodic inspections.

Trans 313.10(1)(a) (a) A service center shall inspect and calibrate a device when it is installed to ensure that it is functioning properly, reliably and accurately.