Chapter Trans 313

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.

Trans 313.105(7) (7) Violation reset reporting. A manufacturer, vendor, or service provider shall immediately report any violation reset to the department in the manner prescribed by the department.

Trans 313.105(8) (8) Testimony. A manufacturer, vendor, or service provider shall provide at no cost to the State any testimony requested by the State or any prosecutor in this State, described in the affirmation made pursuant to s. Trans 313.04 (2) (b) 14.

Trans 313.105 History History: CR 20-020: cr. Register September 2021 No. 789, eff. 10-1-21; correction in (4) (c) 1. made under s. 35.17, Stats., Register September 2021 No. 789.

Trans 313.12 Trans 313.12 List of authorized service centers. A manufacturer or vendor shall provide the department with a list of all service centers in Wisconsin that are authorized by the manufacturer or vendor to install, service or remove the manufacturer’s or vendor’s devices. The manufacturer or vendor shall cause the list to clearly state the price charged by the service center for installation, maintenance, calibration, violation reset service, and removal of the device, and shall disclose any additional fees or charges that may be imposed on the customer, including all fees described in s. Trans 313.10 (12). If insurance for the device is made available to the customer, the list shall include the cost to replace the device and the monthly cost for the insurance. The department shall make this list available to all Wisconsin courts and to the public on its internet website.

Trans 313.12 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; correction made under s. 35.17, Stats., Register October 2022 No. 802.

Trans 313.13 Trans 313.13 Administrative procedures.

Trans 313.13(1) (1) The clerk of court or a court shall report the issuance of any court order requiring the installation and use of a device to the department in one of the following ways:

Trans 313.13(1)(a) (a) In the comments section of the uniform traffic citation.

Trans 313.13 Note Note: The Uniform Traffic Citation is DMV form number MV-4016.

Trans 313.13(1)(b) (b) On the conviction status report.

Trans 313.13 Note Note: The conviction status report is DMV form MV-3435.

Trans 313.13(1)(c) (c) In the miscellaneous section of the conviction report.

Trans 313.13(1)(d) (d) On the petition for occupational license.

Trans 313.13 Note Note: The petition for occupational license is DMV form MV-3027.

Trans 313.13(2) (2) 

Trans 313.13(2)(a) (a) All court orders requiring the installation and use of a device on one or more vehicles shall include the beginning and ending dates for the restriction, and shall identify each vehicle to which the order applies.

Trans 313.13(2)(b) (b) All orders imposing an ignition interlock restriction on a person’s operating privilege shall include the date on which the order was issued and the length of time that the ignition interlock restriction shall be effective, consistent with the requirements of ch. 343, Stats.

Trans 313.13 Note Note: The length of the ignition interlock device restriction periods for vehicles and operating privileges are set in s. 343.301 (2m) (a) and (b), Stats. Operating privilege restrictions extend from the date of the order for a period of time that extends from the date the person next obtains a license from the department to a date in the future. The length of the restriction period, from the date the driver obtains a license from DMV, is determined by the court, and is not less than one year nor longer than the maximum revocation period resulting from the offense. The maximum periods of revocation that can be ordered as a result of an alcohol-related driving offense are set forth in ss. 343.30 (1q) (b), 343.31 (2) and 343.31 (1m), Stats. Ignition interlock device operating privilege restriction periods may be extended under s. 347.50 (1t), Stats.

Trans 313.13(3) (3) When the department is notified that a device has been ordered as a condition of licensing, the department shall place a restriction on the customer’s driver record, requiring that the customer operate only vehicles equipped with a device. This restriction will appear on any license issued to the customer during the restriction period.

Trans 313.13(4) (4) A customer who has been ordered to install a device in a vehicle, shall provide proof of installation to the department before the customer may be issued an operator or occupational license. A service provider may provide this proof on the customer’s behalf in accordance with s. Trans 313.10 (4) (d).

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 Trans 313.14 Restrictions on removing device.

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)(a) (a) Requests that the device be removed from the vehicle.

Trans 313.14(2)(b) (b) Intentionally damages the device.

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(2)(f) (f) Removes the device to preserve evidence or tampering or circumvention in accordance with s. Trans 313.105 (6).

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 313.15 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 313.16 Trans 313.16 Other prohibited conduct.

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 Note Note: See s. 227.10 (3) (a), Stats.

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.