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 313.08(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 NoteNote: 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(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(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 313.09(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 NoteNote: 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 HistoryHistory: 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.