As part of this rulemaking, WisDOT will evaluate and consider provisions of ignition interlock programs in states bordering Wisconsin, Wis. Stat. s. 227.137(3)(a). WisDOT will consider any policies of those states that it believes may be beneficial to adopt as part of the Wisconsin program. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language): The statutory authority for Ch. Trans 313, Wisc. Admin. Code is detailed in s.110.10, Stats., which provides: 110.10 Ignition interlock device program. The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state. The rules shall include provisions regarding all of the following:
(1) The selection of persons to install, service and remove ignition interlock devices.
(2) Periodic review of fees charged for the installation, service and removal of an ignition interlock device.
(3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.
(4) Requiring ignition interlock device providers to provide the department and law enforcement agencies with reports detailing failures, installation, service, and tampering in a timely manner.
(5) Requiring ignition interlock device providers to accept, as payment in full, the amount ordered by the court under s. 343.301 (3) (b) for installing and maintaining an ignition interlock device, if applicable. (6) Requiring ignition interlock device providers to notify the department of any ignition interlock device tampering, circumvention, bypass or violation resets, including all relevant data recorded in the device’s memory. Upon receiving notice described in this subsection, the department shall immediately provide the notice and data to the assessment agency that is administering the violator’s driver safety plan.
Additional authority for promulgation of this rule is found in s. 343.02(1), Wis. Stats., which requires the department to administer and enforce the driver licensing statutes in Ch. 343, Stats., and to promulgate rules the Secretary believes are needed for that purpose. Various provisions related to ignition interlock devices are found in ss. 343.10, 343.13, 343.301, 343.305, 343.38, and 343.44, Stats. Wis. Stat. ss. 85.16(1) and 227.11 provide general authority for WisDOT rulemaking as well. 5. Estimate the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
1000 hours.
6. List with description of all entities that may be affected by the proposed rule:
- Drivers who are convicted of violating any of Wisconsin’s impaired driving laws or who refuse chemical tests.
- Wisconsin circuit and municipal courts.
- Ignition interlock device manufacturers.
- Ignition interlock device service providers.
- Local law enforcement agencies.
- Probation and parole officers, Wis. Dept. of Corrections.
- Court-ordered alcohol and drug abuse counselors and assessment agencies.
- WisDOT Division of Motor Vehicles.
- WisDOT Division of State Patrol.
- Department of Health Services.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The 2013 model specifications (78 Fed. Reg. 89, pp. 26849-26847, May 8, 2013) are not intended to take the place of state certification requirements, do not have the force of regulations and are not binding. States are encouraged to adopt specifications at least as stringent as the NHTSA model and may set their own standards and conduct their own tests following state procedures and specifications. Ignition interlock devices approved for use in Wisconsin would be required to meet minimum data quality standards, including the 2013 model specifications, be properly programmed and provide data reports issued by the manufacturer that are easily understood by all applicable parties.
WisDOT intends to examine the federal standard, to compare it with existing state standards, and to amend state standards to meet or exceed the federal standards consistent with modern program requirements.
8. Anticipated economic impact of implementing the rule (Note if the rule is likely to have a significant impact on small businesses):
This proposed rulemaking is unlikely to have a significant effect on small businesses in Wisconsin. WisDOT does not anticipate that any change made in this rulemaking will change the economic structure of the industry in this state, or result in disqualification of devices or current manufacturers and vendors that are authorized to operate in this state.
9. Contact Person:
Diane Brockley-Drinkman
WisDOT – Truax
3502 Kinsman Blvd.
Madison, WI 53704
Phone: 608-243-2952
