Trans 313.03 NoteNote: Violation does not include disconnecting the device from its power source during vehicle or device service, nor disconnection of a handset as authorized under s. Trans 313.04 (5) (k).

Trans 313.03(27)(27) “Violation reset” means that a device enters a status in which a reminder is provided to the device user that the device will enter permanent lockout mode unless taken to a service center by the 7th day following the device entering violation reset status.

Trans 313.03 HistoryHistory: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. (intro.), (3), cr. (3m), (4m), (6m), am. (7), renum. (8) to Trans 313.01 (2) and am., r. and recr. (9), am. (10), r. (14), cr. (14g), (14r), (16g) to(16r), am. (17), r. (19), am. (20), cr. (20m), am. (21), cr. (21m), (22m), (23m), am. (24), r. and recr. (25), am. (26), cr. (26m), renum. (27) (intro.) to (27) and am., r. (27) (a) to (c) Register September 2021 No. 789, eff. 10-1-21; correction in (intro.) made under s. 35.17, Stats., Register September 2021 No. 789; correction in (intro.), (24) made under s. 35.17, Stats, Register October 2022 No. 802.

Trans 313.04(1)(a)(a) No device may be leased, sold, serviced, repaired, installed or used unless the model and any system firmware or software used on the device have been approved by the department in accordance with the requirements of this chapter. Approval may be granted by testing the functionality of the device with the proposed changes.

Trans 313.04(1)(b)(b) Device approval is personal to an applicant and cannot be assigned or transferred. Upon sale of production rights to a device, change in ownership of a manufacturer or vendor, or other change resulting in a new person seeking to distribute devices in this state, the new person must apply for device approval. The department may waive some or all of the testing of the device portion of the approval process if the new applicant is able to demonstrate that no substantive changes to the device have been made since the prior approval.

Trans 313.04(2)(a)(a) An applicant may apply for approval of a device by submitting a written application to the department in the manner prescribed in this chapter on the department’s form, and shall certify that the device:

Trans 313.04 NoteNote: The application form SP4010 may be obtained by sending an email request to BAIID@dot.wi.gov or via U.S. Mail at Chemical Testing Section, 3502 Kinsman Blvd., Madison, WI, 53704.

Trans 313.04(2)(b)2.2. The name and model number of the device. A separate application is required for each model or type of device.

Trans 313.04(2)(b)3.3. A detailed description of the device including complete instructions for installation, operation, service, repair and removal, including all documents used as training materials or manuals for installation, maintenance or removal of the device at service centers.

Trans 313.04(2)(b)4.4. Complete description of device functionality including technical specifications describing the device’s accuracy, reliability, security, data collection and recording, tamper detection, alert mode and environmental features.

Trans 313.04(2)(b)5.5. A complete and accurate copy of an independent laboratory report issued to the applicant substantiating that the device meets or exceeds the minimum federal standards adopted in sub. (5). The report shall be submitted with a notarized certification from the independent laboratory and shall include copies of the laboratory’s certificates of accreditation.

Trans 313.04 NoteNote: Wisconsin requires devices to maintain calibration stability over a period of at least 67 days so that the devices may be relied upon as accurate from service date to service date.

Trans 313.04(2)(b)6.6. A description of the applicant’s present or planned provisions for distribution and service of the device in Wisconsin. The applicant shall, within 6 months of receipt by the department of an application for approval of a device, provide the chemical testing section with a list of all locations in Wisconsin where the device may be purchased, installed, removed, serviced, repaired, calibrated, inspected and monitored.

Trans 313.04(2)(b)7.7. A certificate from an insurance company licensed in Wisconsin evidencing that the manufacturer holds product liability insurance as required in s. Trans 313.05.

Trans 313.04(2)(b)8.8. Indication of whether the manufacturer or manufacturer-approved authorized device repair facility, or both, will repair handsets and vehicle modules. If any device repair facilities are not directly operated by the manufacturer, the qualification and background requirements for repair technicians at those facilities must also be submitted to the department.

Trans 313.04(2)(b)9.9. Copies of all contracts, lease agreements, and other form documents used by the service providers to enter into a contractual relationship with a customer.

Trans 313.04(2)(b)10.10. A list of other jurisdictions in which the applicant applied for approval of the device in that jurisdiction and a statement as to whether the application was approved, denied, withdrawn, remains pending, or was subject to some other disposition. If the application was denied, withdrawn, or subject to some other disposition, the applicant shall provide an explanation for that action on the application and copies of all documents from that jurisdiction documenting the decision in that jurisdiction and the reasons for that decision.