(1)Purpose. The purpose of this chapter is to implement the Wisconsin ignition interlock program consistent with the mandate of s. 110.10, Stats., and consistent with the provisions of ss. 343.10, 343.13 (3), 343.301, 343.38 (5), 347.413, 940.09 (1d), and 940.25 (1d), Stats.
(2)Responsibility. The chief of the chemical testing section is the person assigned the responsibility for the administration and supervision of the breath alcohol testing, approval and permit program of the department.
(3)Rules of construction. The rules of construction set forth in s. 990.001, Stats., are incorporated herein and apply in this chapter.
History: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: renum. Trans 313.01 to Trans 313.01 (1) and am., cr. Trans 313.01 (title), renum. (2) from Trans 313.03 (8) and am., cr. (2) (title), (3) Register September 2021 No. 789, eff. 10-1-21; correction in (3) made under s. 35.17, Stats., Register September 2021 No. 789.
Trans 313.02Applicability. This chapter applies to all law enforcement agencies, manufacturers, vendors, service providers, manufacturer-approved authorized service centers and other persons engaged in ignition interlock device program administration in this state.
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 313.03Definitions. The words and phrases defined in ss. 110.01 and 990.01, Stats., and chs. 340 to 349, Stats., have the same meaning in this chapter unless a different meaning is expressly provided, or the context clearly indicates a different meaning. As used in this chapter:
(1)“Alcohol” has the meaning in s. 340.01 (1q), Stats.
(2)“Alcohol concentration” has the meaning in s. 340.01 (1v), Stats.
(3)“Alcohol setpoint” means a breath alcohol concentration of 0.020 grams of alcohol per 210 liters of breath.
(3m)“Alert mode” means that the device causes the horn or other pronounced emergency signal audible to other drivers and law enforcement to sound, and the vehicle’s emergency lights or visible secondary visual signals apparent to other drivers and law enforcement to flash.
(4)“Alveolar air” means deep lung air or alveolar breath; an air sample which is the last portion of a prolonged, uninterrupted exhalation.
(4m)“Applicant” means any person seeking the approval of a device by going through the device approval procedure described in s. Trans 313.04.
(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.
(6)“Breath sample” means expired human breath containing primarily alveolar air.
(6m)“Business day” means a weekday that is not a legal holiday.
(7)“Calibration” means the process of testing and adjusting a device to ensure the device is accurately measuring the alcohol concentration of a breath sample provided to the device.
(9)“Circumvention” means any action taken by a person to prevent a device from performing all of its intended functions, except disconnection of the device from its power source during vehicle or device service, or disconnecting a handset as authorized under s. Trans 313.04 (5) (k). Circumvention includes any of the following:
(a) Providing bogus samples.
(b) Tampering.
(c) Providing air samples that enable a driver with a prohibited alcohol concentration to start, drive, or operate a vehicle equipped with a device.
(d) Failing to complete any required service.
(e) Tampering with, destructing, or taking any action that results in a camera not providing pictures of the driver providing a sample to the device or driving a vehicle.
(f) Tampering or interfering with data transfer from or to the device.
(10)“Customer” means a person who has a device installed in a vehicle.
(11)“Department” means the department of transportation.
(12)“Device” means an ignition interlock device.
(13)“DMV” means the division of motor vehicles of the department of transportation.
(14g)“Fixed, permanent service center” means a facility in a permanent building at which device services can be provided.
(14r)“Handset” means the portion of the device where the sample is introduced and analyzed.
(15)“Ignition interlock device” has the meaning in s. 340.01 (23v), Stats.
(16)“Manufacturer” means a person, company or corporation who produces a device.
(16g)“Minimum sample acceptance criteria” means the criteria established by the manufacturer for detection of whether a given breath sample is deep lung air provided by a human being, such as sample flow, volume, temperature, humidity, composition, and whether the sample passed any anti-circumvention measures adopted by the manufacturer.
(16m)“Mobile service center” means a service center that operates out of a motor vehicle or trailer.
Note: Mobile service centers typically drive to locations at which they are able to provide convenient service to customers.
(16r)“Passing breath sample” means a breath sample below a device’s alcohol setpoint and that meets all minimum sample acceptance criteria for that device.
(17)“Permanent lockout” means a condition in which a device will not initiate a start sequence until the device is reset by a service provider except as provided in s. Trans 313.04 (5) (i).
(18)“Prohibited alcohol concentration” has the meaning in s. 340.01 (46m), Stats.
(20)“Restart” means a feature of a device in which a vehicle is successfully started or operated and, when the engine or electric propulsion system stops for any reason, including stalling, the vehicle may be restarted within a 2-minute period, without requiring any additional breath samples.
(20m)“Result” means a piece of data that categorizes whether a breath sample is provided to the device and, if provided, whether it meets the device’s minimum sample acceptance criteria for breath quality and alcohol concentration.
(21)“Retest” means a feature of a device which will require sample sequences to be provided while the vehicle is operable.
(21m)“Sample sequence” means a list of device-related events beginning with the time a device requests a sample until and including the time a result is recorded and displayed. Device-related events include requests for tests, failure to provide a breath sample or adequate breath sample, measurements made by the device, images taken, and the final result of the sequence.
(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.
(22m)“Service center” means a location at which service is provided to install, inspect, repair, replace, remove or calibrate devices. The term includes fixed, permanent service centers and mobile service centers.
(23)“Service provider” means an approved dealer, distributor, supplier, or service center of a device.
(23m)“Start sequence” means the sample sequence initiated when the vehicle is not in operation.
(24)“Tampering” means an unauthorized, intentional overt act or attempt to remove, bypass, adjust, alter the settings of, or disable a device or to disconnect a device from its power source. “Tampering” 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).
(25)“Vehicle module” means the part of a device that houses the components that interface with a vehicle.
(26)“Vendor” means a retail or wholesale supplier of an approved device, and may include a service provider.
(26m)“Violation” means one or more of the following:
(a) A breath sample that is above the alcohol setpoint.
(b) Failure to provide a passing breath sample within the 5-minute retest window.
Note: 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).
(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.
History: 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 313.04Device approval procedure.
(1)Approval requirement.
(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.
(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.
(2)Application.
(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:
1. Does not impede the safe operation of a vehicle;
2. Minimizes opportunities to bypass the device;
3. Performs accurately and reliably under all circumstances;
4. Minimizes inconvenience to customers and other vehicle operators;
5. Satisfies the requirements for certification set forth in this section, and;
6. Prevents a customer from starting a vehicle when the customer has a prohibited alcohol concentration.
Note: 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.
(b) The applicant shall include all of the following information in an application for device approval:
1. The name and address of the manufacturer of the device.
2. The name and model number of the device. A separate application is required for each model or type of device.
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.
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.
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.
Note: 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.
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.
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.
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.
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.
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.
11. A release authorizing any other jurisdiction to share with the department any and all tests or evaluations of the device, data derived therefrom, and all materials provided to the other jurisdiction in support of that other application.
12. A certificate of authority or registration, obtained from the Wisconsin Department of Financial Institutions, in accordance with s. 180.1501 or 183.1004, Stats., or a copy of the articles of incorporation for any cooperative filed in accordance with s. 185.82, Stats., for all manufacturers, vendors and service providers anticipating to lease, sell, service, repair, install or uninstall the device in Wisconsin.
13. All relevant manufacturer, vendor and service provider documents relating to the quality assurance of the calibration procedure and device verification checks.
14. An affirmation, on the department’s form, of all the following:
a. That the applicant will provide, at the written request of the state, or any prosecutor in this state, testimony that is sought in any civil or criminal proceeding or administrative hearing regarding the device, its manufacture, use, or function, its installation, repair or removal, interpretation of any recorded report or information from or about the device, or the performance of any duties required under this chapter, without cost to the state, county, municipality, town, police agency, or prosecutor.
Note: If allowed under judicial rules, local rule or order, this testimony may be provided through teleconferencing or an online remote process.
b. That the manufacturer will provide statewide service for the device in accordance with s. Trans 313.09 (1).
15. Contact information for its registered agent for service of process in this state. The applicant shall notify the department if its registered agent changes.
16. The minimum qualifications for a manufacturer-approved authorized service center and training materials provided to or used by manufacturer-approved authorized service centers.
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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.