Register March 2012 No. 675
Chapter Trans 313
BREATH ALCOHOL IGNITION INTERLOCK DEVICES
Trans 313.01   Purpose.
Trans 313.02   Applicability.
Trans 313.03   Definitions.
Trans 313.04   Device approval procedure.
Trans 313.05   Financial responsibility.
Trans 313.06   List of approved devices.
Trans 313.07   Denial, suspension or revocation of device approval.
Trans 313.08   Manufacturer responsibilities.
Trans 313.09   Vendor responsibilities.
Trans 313.10   Service provider responsibilities.
Trans 313.11   Warning label.
Trans 313.12   List of authorized service providers.
Trans 313.13   Administrative procedures.
Trans 313.14   Restrictions on removing device.
Trans 313.15   Audit authority.
Trans 313.01 Trans 313.01Purpose. The purpose of this chapter is to establish specifications and requirements of court-ordered ignition interlock devices and their calibration, installation and maintenance as required by s. 347.413 (2), Stats.
Trans 313.01 Note Note: Section 347.413 (2), Stats., was repealed eff. 1-1-02. Section 110.10, Stats. authorizes rulemaking “ . . . providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state."
Trans 313.01 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93.
Trans 313.02 Trans 313.02Applicability. This chapter applies to all law enforcement agencies, manufacturers, vendors, service providers and other persons engaged in court-ordered ignition interlock device program administration in this state.
Trans 313.02 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93.
Trans 313.03 Trans 313.03Definitions. As used in this chapter:
Trans 313.03(1) (1) “Alcohol" has the meaning in s. 340.01 (1q), Stats.
Trans 313.03(2) (2) “Alcohol concentration" has the meaning in s. 340.01 (1v), Stats.
Trans 313.03(3) (3) “Alcohol setpoint" means the minimum alcohol concentration at which a device is set to lock a motor vehicle's ignition.
Trans 313.03(4) (4) “Alveolar air" means deep lung air or alveolar breath; an air sample which is the last portion of a prolonged, uninterrupted exhalation.
Trans 313.03(5) (5) “Bogus sample" means any air sample which is altered, diluted or filtered human breath and which is provided by a person who is starting or driving a vehicle equipped with a device. Bogus samples also include air provided by air compressors, hot air dryers, balloons, and manual air pumps.
Trans 313.03(6) (6) “Breath sample" means expired human breath containing primarily alveolar air.
Trans 313.03(7) (7) “Calibration" means the processes which ensure an accurate alcohol concentration reading on a device.
Trans 313.03(8) (8) “Chief of the chemical test section" means the person assigned the responsibility for the administration and supervision of the breath alcohol testing, approval and permit program of the department.
Trans 313.03(9) (9) “Circumvention" means an unauthorized, intentional overt act or attempt to start, drive, or operate a vehicle equipped with a device, without the driver of the vehicle providing all required breath samples. Circumvention includes the provision of bogus samples, tampering, the provision of air samples that enable a driver with a prohibited alcohol concentration to start, drive, or operate a vehicle equipped with a device, and failure to complete any required servicing.
Trans 313.03(10) (10) “Customer" means a person who is required by court order to have a device installed in a vehicle.
Trans 313.03(11) (11) “Department" means the department of transportation.
Trans 313.03(12) (12) “Device" means an ignition interlock device.
Trans 313.03(13) (13) “DMV" means the division of motor vehicles of the department of transportation.
Trans 313.03(14) (14) “Filtering agent" means any material that can be used in an attempt to remove alcohol from a human breath sample. Filtering agents include, but are not limited to, silica gel, drierite, cat litter, cigarette filters, water filters, and cotton.
Trans 313.03(15) (15) “Ignition interlock device" has the meaning in s. 340.01 (23v), Stats.
Trans 313.03(16) (16) “Manufacturer" means a person, company or corporation who produces a device.
Trans 313.03(17) (17) “Permanent lockout" means a feature of a device in which a vehicle will not start until the device is reset by a service provider.
Trans 313.03(18) (18) “Prohibited alcohol concentration" has the meaning in s. 340.01 (46m), Stats.
Trans 313.03(19) (19) “Purge" means to cleanse or remove a previous breath sample and residual alcohol from a device.
Trans 313.03(20) (20) “Restart" means a feature of a device in which a vehicle is successfully started or operated and, when the engine stops for any reason, including stalling, the engine may be restarted within a 2-minute period, without requiring any additional breath samples.
Trans 313.03(21) (21) “Retest" means a feature of a device which will require the driver to provide a subsequent breath sample 5 minutes after the engine first starts and additional breath samples at random intervals of 5 to 30 minutes thereafter, while the engine is running.
Trans 313.03(22) (22) “Security" means the protection and safeguards incorporated into a device to ensure proper performance and to prevent failure caused either by inherent defects in the device or tampering.
Trans 313.03(23) (23) “Service provider" means an approved dealer, distributor, supplier, or service center of a device.
Trans 313.03(24) (24) “Tampering" means an unauthorized, intentional overt act or attempt to remove, bypass, disable or disconnect a device from its power source.
Trans 313.03(25) (25) “Temporary lockout" means a feature of a device in which a vehicle will not start for 15 minutes after 3 failed or aborted attempts to start the vehicle are made within a 5-minute period.
Trans 313.03(26) (26) “Vendor" means an approved retail or wholesale supplier of an approved device, and may include a service provider.
Trans 313.03(27) (27) “Violations reset" means a feature of a device in which a service reminder is activated due to one of the following reasons:
Trans 313.03(27)(a) (a) Three breath samples above the alcohol setpoint.
Trans 313.03(27)(b) (b) Three consecutive retest refusals.
Trans 313.03(27)(c) (c) The device detects a tampering or circumvention attempt.
Trans 313.03 History History: Cr. Register, August, 1993, No. 452, eff. 9-1-93.
Trans 313.04 Trans 313.04Device approval procedure.
Trans 313.04(1)(1)Approval requirement. No device may be leased, sold, serviced, repaired, installed or used unless the model or type of device has been approved by the department in accordance with the requirements of this chapter.
Trans 313.04(2) (2)Application.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.