Chapter Trans 313

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.

Trans 313.10(1)(b) (b) A service center shall conduct tamper inspections any time that a device is serviced. Tamper inspections include all of the following:

Trans 313.10(1)(b)1. 1. Inspection of all external wiring insulation, connections, and sheathing for the device and locations where the device connects to the vehicle.

Trans 313.10 Note Note: Detected tampering must be reported and evidence retained under s. Trans 313.105 (7).

Trans 313.10(1)(b)2. 2. Documentation of any electronic indications of tampering to the device’s memory record.

Trans 313.10(1)(b)3. 3. Inspection of all tamper seals for breaks, tears or other evidence of tampering.

Trans 313.10(1)(b)4. 4. Inspection of the device’s tamper detection capabilities.

Trans 313.10(1)(c) (c) A service provider shall cause all of its service centers to have all the tools, test equipment and manuals needed to service devices and shall perform basic troubleshooting related to device installation and operation.

Trans 313.10(2) (2) Service locations and hours. A manufacturer, vendor or service provider that makes an affirmation under s. Trans 313.09 (1) shall provide the following minimum service:

Trans 313.10(2)(a) (a) Repair or replace the device within 3 days after service is requested.

Trans 313.10(2)(b) (b) A reasonable number of service centers within the state. If a service provider has a fixed, permanent service center, it may install and service devices using mobile service centers in this state in accordance with s. Trans 313.10 (11). Service centers must establish and maintain reasonable business hours.

Trans 313.10(2)(c) (c) A 24-hour toll-free telephone number to answer questions, and to deal with mechanical problems and emergencies related to the device.

Trans 313.10 Note Note: Nothing in this paragraph is intended to prohibit a manufacturer, vendor or service provider from providing additional alternative communication mechanisms. Explanation of responsibility for responding to telephone inquiries and other communications is required as part of an application filed under s. Trans 313.04 (2) (b) 20.

Trans 313.10(3) (3) Security. A service provider shall comply with all of the following security requirements:

Trans 313.10(3)(a) (a) Only authorized employees of a service provider, manufacturer or the department may observe the installation of a device. Reasonable security measures must be taken to prevent the customer from observing the installation of a device, or obtaining access to installation materials.

Trans 313.10(3)(b) (b) A service provider is prohibited from assisting or facilitating any tampering, circumvention or bypass of a device.

Trans 313.10(3)(c) (c) A service provider may not install a device on a vehicle owned or operated by any of its employees.

Trans 313.10(3)(d) (d) A service provider shall install any security device provided by the manufacturer.

Trans 313.10(3)(e) (e) A service provider may not access or alter the internal components of a handset or vehicle module.

Trans 313.10 Note Note: Internal repairs of handsets and vehicle modules are performed by the manufacturer or a approved manufacturer-approved authorized device repair facility.

Trans 313.10(4) (4) Installation. A service center shall comply with all of the following installation service requirements:

Trans 313.10(4)(a) (a) Installation of a device must be completed within 10 days of a customer request, unless the customer requests scheduling installation at a later date or fails to provide the service center with access to the vehicle as scheduled within the 10-day period.

Trans 313.10(4)(b) (b) A service center shall inspect each vehicle before installing the device. The inspection must include screening procedures to ensure the vehicle in which the device is to be installed is in a mechanical and electrical condition that will allow the device to meet the specifications in s. Trans 313.04 (5). Conditions that the manufacturer has determined would prevent the device from meeting the specifications of s. Trans 313.04 must be repaired before the device is installed. The customer shall be responsible for all the costs of any repairs to the vehicle.

Trans 313.10(4)(c) (c) After a device is installed, the service center shall inspect the vehicle and device to ensure that the installation was performed properly and that it does not interfere with the normal operation of the vehicle.

Trans 313.10(4)(e) (e) A service center is not required to install devices on the following types of motor vehicles:

Trans 313.10(4)(e)1. 1. Motorcycles or autocycles.

Trans 313.10(4)(e)2. 2. Commercial motor vehicles.

Trans 313.10(4)(e)3. 3. Vehicles for which installation instructions for ignition interlock devices do not exist.

Trans 313.10 Note Note: A vehicle’s inclusion in this paragraph is not a determination as to whether a device is capable of being installed on a vehicle. See s. 343.301 (1m) (b), Stats.

Trans 313.10(5) (5) Service requirements. A service provider shall be responsible for all of the following:

Trans 313.10(5)(a) (a) A service provider shall follow the manufacturer’s specifications for service and repair.

Trans 313.10(5)(b) (b) All devices shall be scheduled for service and calibration at intervals not to exceed 60 days. Any failure of a customer to obtain required service or calibration shall be reported to the department in the manner prescribed by the department.

Trans 313.10(5)(c) (c) Each time a device is serviced, the service center shall extract the data recorded in the device’s memory, and transmit the data to the manufacturer for retention in the customer’s file and reporting to the department.

Trans 313.10(6) (6) Removal.

Trans 313.10(6)(a) (a) Whenever a device is removed, the vehicle must be restored to its original condition. All severed wires must be securely reconnected and insulated with heat shrink tubing or its equivalent.

Trans 313.10(6)(b) (b) A service provider, vendor or manufacturer shall transmit proof of installation or removal to the department in the manner prescribed by the department within 3 business days after the installation or removal of a device.

Trans 313.10(7) (7) Training. A service center shall provide an orientation to the ignition interlock device to the driver and any family members or others who may drive the vehicle. The service center shall include information on all service locations, procedures for regular servicing and emergency situations, and a minimum of two successful start sequences performed by the customer in the vehicle as part of the orientation.

Trans 313.10(8) (8) Mouthpieces. A service provider shall supply an adequate number of mouthpieces, breath receptors or other sample components to the customer upon initial installation and each time the device is serviced.

Trans 313.10(9) (9) Inspection.

Trans 313.10(9)(a) (a) To ensure compliance with the requirements of this section, the service provider shall make any service location and any device at the service location available for inspection by the department during the service provider’s normal business hours.

Trans 313.10(9)(b) (b) The department may attend service calls made by a service center, may inspect service centers, and may audit work performed by service centers.

Trans 313.10(10) (10) Calibration.

Trans 313.10(10)(a) (a) A person shall calibrate a device using the calibration procedure for that device established by the manufacturer and approved by the department.

Trans 313.10(10)(b) (b) No person may use a wet bath simulator for the calibration of any device.

Trans 313.10(10)(c) (c) Calibration shall ensure that the device accurately measures alcohol concentration. A device shall be considered properly calibrated if it measures a dry gas sample at or below 0.050 g/210L within a range of ± 0.005 g/210L.

Trans 313.10(11) (11) Mobile service centers.

Trans 313.10(11)(a) (a) All provisions of this chapter pertaining to service centers are applicable to mobile service centers.

Trans 313.10(11)(b) (b) Service centers shall provide the department with a schedule for installation and calibration mobile services 24 hours before the services occur in a manner prescribed by the department. The service center shall cause the schedule to contain the name of the customer, the name of the manufacturer or vendor, the name of the service center, the location where the service will occur, and the anticipated date and time of the service. Emergency service may be provided to a customer for lockout, device or vehicle malfunction issues without advance notice under this paragraph.

Trans 313.10(11)(c) (c) All mobile service centers shall be associated with a fixed, permanent service center.

Trans 313.10(12) (12) Consumer disclosure. Any agreement, contract, or other document presented to a person to authorize installation of a device on a vehicle shall include all of the following information in no less than 12-point type on the front page of the documents:

Trans 313.10(12)(a) (a) Cost of installation of the device in the vehicle.

Trans 313.10(12)(b) (b) Monthly maintenance costs for the device.

Trans 313.10(12)(c) (c) A description of any additional charges that may be made to the person including charges for mouthpieces, breath receptors or other sample components, if any, violation reset, maintenance, device insurance, reporting, or device calibration.

Trans 313.10(12)(d) (d) The cost, if any, to be charged to person if the service provider that installs the device subsequently removes the device.

Trans 313.10 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. (1) (a), (b) (intro.), 1., cr. (1) (c), r. and recr. (2), (3) (e), am. (4) (intro.), (a) to (c), r. (4) (d), cr. (4) (e), am. (5) (b), (c), (6) (b), (7), (8), renum. (9) to (9) (a), cr. (9) (b), (10) to (12) Register September 2021 No. 789, eff. 10-1-21; correction in numbering in (12) made under s. 13.92 (4) (b) 1., Stats., Register September 2021 No. 789.

Trans 313.105 Trans 313.105 Shared responsibilities.

Trans 313.105(1) (1) Calibration. A manufacturer, vendor or service provider shall follow the procedures approved by the department to calibrate a device.

Trans 313.105(2) (2) Erasing data. A manufacturer, vendor or service provider shall follow the procedures approved by the department to erase any data from a device, including erasing all data from a device that is removed from a vehicle in preparation for reuse in a different vehicle.

Trans 313.105(3) (3) Device configuration. A manufacturer or vendor may load approved Wisconsin device configuration files onto an approved device.

Trans 313.105(4) (4) Warning label.

Trans 313.105(4)(a) (a) A manufacturer or vendor shall cause a warning label, approved by the department, to be affixed to all approved devices installed in vehicles in a manner that will be conspicuous to any person using the device. The warning label shall contain the following information: “WARNING”—Any person removing, tampering with, disconnecting or otherwise circumventing this device may be fined up to $2500 or imprisoned for up to 12 months, or both. ss. 343.44 (2) (ar) 2., 347.50, Stats.” No other information may be included on the label.

Trans 313.105 Note Note: Maximum penalties for violation of an occupational license restriction under ss. 343.10 (5) (a) 3. and 343.44 (2) (ar) 2., Stats., are shown on the label. Lesser penalties apply to violations of s. 347.413 (1) under s. 347.50 (1s), Stats. See s. 347.413 (3), Stats.

Trans 313.105(4)(b) (b) The label may be printed in any of the following formats:

Trans 313.105(4)(b)1. 1. 1” x 2” in size and printed in an 8-point sans serif font such as Helvetica, Calibri or Arial.

Trans 313.105(4)(b)2. 2. 1” x 2.5” in size and printed in a 9-point sans serif font such as Helvetica, Calibri or Arial.

Trans 313.105(4)(b)3. 3. A custom warning label format, other than the format described in subd. 1. or 2., only if the custom warning label format is approved by the department and will provide users with clear notice of the information described in par. (a).

Trans 313.105(4)(c) (c) The custom warning label design must meet all of the following requirements:

Trans 313.105(4)(c)1. 1. Contain the language described in par. (a).

Trans 313.105(4)(c)2. 2. Attach to the handset in a manner that makes tampering readily observable using an adhesive and label material that makes damage to the label likely in the event of an attempt to remove it.

Trans 313.105(4)(c)3. 3. Be weatherproof.

Trans 313.105(4)(c)4. 4. Be water and solvent resistant.

Trans 313.105(4)(c)5. 5. Be conspicuous.

Trans 313.105(4)(c)6. 6. Contain a yellow background and black print.

Trans 313.105(5) (5) Service provider quality control process.

Trans 313.105(5)(a) (a) A manufacturer or vendor shall have a quality control process for resolving service provider noncompliance with the requirements this chapter.

Trans 313.105(5)(b) (b) The manufacturer or vendor shall provide a means to receive complaints from customers regarding service provider noncompliance and a means for the department to refer complaints it receives from customers to the manufacturer or vendor.

Trans 313.105(5)(c) (c) If a manufacturer or vendor receives a complaint directly from a customer, the manufacturer or vendor shall notify the department of the complaint.

Trans 313.105(5)(d) (d) For each complaint the manufacturer or vendor receives relating to noncompliance by its service providers, the manufacturer or vendor shall resolve the complaint within 30 days and provide the department with an explanation as to how the complaint was resolved.

Trans 313.105(6) (6) Evidence retention and tamper reporting. If tampering, circumvention or bypass attempts are detected, the service provider, vendor, manufacturer, or manufacturer-authorized device repair facility that detects the occurrence shall do all of the following:

Trans 313.105(6)(a) (a) Retain relevant evidence, including the device, wires, seals, or other equipment, that demonstrates the tampering, circumvention or bypass attempt and location data related to the offense, if possible, for 30 days unless released to a law enforcement agency as evidence.

Trans 313.105(6)(b) (b) Document and photograph any perforations, cuts or other indications of possible tampering, circumvention or bypass attempts and retain that information for two years.

Trans 313.105(6)(c) (c) Retain any evidence of unauthorized changes made to the software or operating system of the device for two years.

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.