Trans 313.04 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93;
CR 20-020: renum. (1) to (1) (a) and am., cr. (1) (b), am. (2) (a) (intro.), (b) (intro.), 3. to 6., cr. (2) (b) 8. to 20., (c), am. (3), cr. (3m), am. (4) (a), (b), cr. (4) (d), (e), (5) (intro.), am. (5) (a), r. and recr. (5) (b), cr. (5) (bm), am. (5) (c), cr. (5) (ce) to (cs), am. (5) (d) (intro.), cr. (5) (d) 2m., am. 3., cr. (5) (d) 3m., 8., (dm), (e) (title), r. (5) (e) 1., am. (5) (e) 2., renum. (5) (e) 3. (intro.) to (5) (e) 3. and am., r. (5) (e) 3. a. to d., cr. (5) (e) 4., (f) to (n), (6) to (8)
Register September 2021 No. 789, eff. 10-1-21; correction in (2) (b) 12., (5) (j) 1., (6) (h) made under s.
35.17, Stats.,
Register September 2021 No. 789;
correction in (4) (e), (5) (bm) 2. made under s.
35.17, Stats.,
Register October 2022 No. 802.
Trans 313.05(1)(1)
Liability insurance. A manufacturer shall carry product liability insurance with minimum liability limits of $1 million per occurrence, with $3 million aggregate total. The liability insurance shall include coverage for defects in product design and materials as well as in the manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days notice will be given to the department before cancellation of the insurance.
Trans 313.05(2)
(2)
Indemnification. A manufacturer shall indemnify and hold harmless the state of Wisconsin, the department and its officers, employees, and agents from all claims, demands, actions, and costs whatsoever which may arise, directly or indirectly, out of any act or omission by the manufacturer relating to the installation, service, repair, use and removal of a device.
Trans 313.05 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93.
Trans 313.06
Trans 313.06 List of approved devices. A complete list of devices approved by the department shall be maintained by the chemical testing section.
Trans 313.07
Trans 313.07 Denial, suspension or revocation of device approval. Trans 313.07(1)(1)
The department may deny, suspend or revoke approval of a device, and remove it from the list of approved devices, for any of the following reasons:
Trans 313.07(1)(a)
(a) Defects in design, materials or workmanship causing repeated failures of a device.
Trans 313.07(1)(b)
(b) Termination or cancellation of a manufacturer's or vendor's liability insurance.
Trans 313.07(1)(c)
(c) The manufacturer discontinues the business of manufacturing devices.
Trans 313.07(1)(d)
(d) Voluntary request by a manufacturer or vendor to cancel approval of a device.
Trans 313.07(1)(e)
(e) Failure of a manufacturer, vendor, or service provider to comply with any of the provisions of this chapter or any Wisconsin Statute, any federal law, or the law of another jurisdiction if that failure in the other jurisdiction would have been a basis for denial, suspension or revocation of device approval in this state.
Trans 313.07(1)(f)
(f) Provision of materially false or inaccurate information relating to a device's performance standards, by a manufacturer, vendor, or service provider.
Trans 313.07(1)(g)
(g) Modification or alteration of the components, design or installation and operation instructions for an approved device without complying with the provisions of s.
Trans 313.08 (1) or in a manner that causes the device to not satisfy the requirements of this chapter.
Trans 313.07(1)(j)
(j) Failure to maintain a system of manufacturer authorized repair or an inventory of parts needed to effect repairs or replacement of a model of device.
Trans 313.07(1)(k)
(k) Failure to provide ignition interlock installation and service for one half the cost of equipping and maintaining the device upon receipt of a court order issued under s.
343.301 (3) (b), Stats.
Trans 313.07(1)(L)
(L) Failure to provide addresses or locations at which mobile service is to be provided.
Trans 313.07(2)
(2) A suspension or revocation is effective 15 days after notification is sent to the registered agent of the manufacturer, vendor or service provider that applied for approval of the device under s.
Trans 313.04 at the address provided pursuant to s.
Trans 313.04 (2) (b) 15. or the address of the registered agent on file with the Department of Financial Institutions by certified mail.
Trans 313.07(3)
(3) A manufacturer or vendor may appeal a denial, suspension or revocation of approval for a device under sub.
(1). The person appealing shall submit the request for appeal to the department, in writing, within 15 days of the receipt of a notice of denial, suspension or revocation.
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 313.07 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93;
CR 20-020: r. and recr. (1), am. (2) to (4)
Register September 2021 No. 789, eff. 10-1-21.
Trans 313.08(1)(1)
Modifications. A manufacturer shall meet all of the following requirements:
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 Note
Note: 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(3)
(3)
Mouthpieces. A manufacturer or vendor shall make an adequate supply of mouthpieces or other replaceable breath receptor devices available to a service provider.
Trans 313.08(4)
(4)
Anti-tampering. A manufacturer shall ensure that a device has adequate electronic anti-tampering features which include all of the following:
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 Note
Note: Detected tampering must be reported, and evidence retained under s.
Trans 313.105 (7).
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 313.08(6)
(6)
Disabling a lockout. A manufacturer or vendor may provide a lockout code for the purpose of disabling a lockout event in accordance with s.
Trans 313.04 (5) (i).
Trans 313.08 History
History: 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.
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 Note
Note: 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 History
History: 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.
Trans 313.10
Trans 313.10 Service provider responsibilities. Trans 313.10(1)(a)
(a) A service center shall inspect and calibrate a device when it is installed to ensure that it is functioning properly, reliably and accurately.
Trans 313.10(1)(b)
(b) A service center shall conduct tamper inspections any time that a device is serviced. Tamper inspections include all of the following:
Trans 313.10(1)(b)1.
1. Inspection of all external wiring insulation, connections, and sheathing for the device and locations where the device connects to the vehicle.
Trans 313.10 Note
Note: Detected tampering must be reported and evidence retained under s.
Trans 313.105 (7).
Trans 313.10(1)(b)2.
2. Documentation of any electronic indications of tampering to the device's memory record.
Trans 313.10(1)(b)3.
3. Inspection of all tamper seals for breaks, tears or other evidence of tampering.
Trans 313.10(1)(c)
(c) A service provider shall cause all of its service centers to have all the tools, test equipment and manuals needed to service devices and shall perform basic troubleshooting related to device installation and operation.
Trans 313.10(2)
(2)
Service locations and hours. A manufacturer, vendor or service provider that makes an affirmation under s.
Trans 313.09 (1) shall provide the following minimum service:
Trans 313.10(2)(a)
(a) Repair or replace the device within 3 days after service is requested.
Trans 313.10(2)(b)
(b) A reasonable number of service centers within the state. If a service provider has a fixed, permanent service center, it may install and service devices using mobile service centers in this state in accordance with s.
Trans 313.10 (11). Service centers must establish and maintain reasonable business hours.
Trans 313.10(2)(c)
(c) A 24-hour toll-free telephone number to answer questions, and to deal with mechanical problems and emergencies related to the device.
Trans 313.10 Note
Note: Nothing in this paragraph is intended to prohibit a manufacturer, vendor or service provider from providing additional alternative communication mechanisms. Explanation of responsibility for responding to telephone inquiries and other communications is required as part of an application filed under s.
Trans 313.04 (2) (b) 20. Trans 313.10(3)
(3)
Security. A service provider shall comply with all of the following security requirements:
Trans 313.10(3)(a)
(a) Only authorized employees of a service provider, manufacturer or the department may observe the installation of a device. Reasonable security measures must be taken to prevent the customer from observing the installation of a device, or obtaining access to installation materials.
Trans 313.10(3)(b)
(b) A service provider is prohibited from assisting or facilitating any tampering, circumvention or bypass of a device.
Trans 313.10(3)(c)
(c) A service provider may not install a device on a vehicle owned or operated by any of its employees.
Trans 313.10(3)(d)
(d) A service provider shall install any security device provided by the manufacturer.
Trans 313.10(3)(e)
(e) A service provider may not access or alter the internal components of a handset or vehicle module.
Trans 313.10 Note
Note: Internal repairs of handsets and vehicle modules are performed by the manufacturer or a approved manufacturer-approved authorized device repair facility.
Trans 313.10(4)
(4)
Installation. A service center shall comply with all of the following installation service requirements:
Trans 313.10(4)(a)
(a) Installation of a device must be completed within 10 days of a customer request, unless the customer requests scheduling installation at a later date or fails to provide the service center with access to the vehicle as scheduled within the 10-day period.
Trans 313.10(4)(b)
(b) A service center shall inspect each vehicle before installing the device. The inspection must include screening procedures to ensure the vehicle in which the device is to be installed is in a mechanical and electrical condition that will allow the device to meet the specifications in s.
Trans 313.04 (5). Conditions that the manufacturer has determined would prevent the device from meeting the specifications of s.
Trans 313.04 must be repaired before the device is installed. The customer shall be responsible for all the costs of any repairs to the vehicle.
Trans 313.10(4)(c)
(c) After a device is installed, the service center shall inspect the vehicle and device to ensure that the installation was performed properly and that it does not interfere with the normal operation of the vehicle.
Trans 313.10(4)(e)
(e) A service center is not required to install devices on the following types of motor vehicles:
Trans 313.10(4)(e)3.
3. Vehicles for which installation instructions for ignition interlock devices do not exist.
Trans 313.10 Note
Note: A vehicle's inclusion in this paragraph is not a determination as to whether a device is capable of being installed on a vehicle. See s.
343.301 (1m) (b), Stats.
Trans 313.10(5)
(5)
Service requirements. A service provider shall be responsible for all of the following:
Trans 313.10(5)(a)
(a) A service provider shall follow the manufacturer's specifications for service and repair.
Trans 313.10(5)(b)
(b) All devices shall be scheduled for service and calibration at intervals not to exceed 60 days. Any failure of a customer to obtain required service or calibration shall be reported to the department in the manner prescribed by the department.
Trans 313.10(5)(c)
(c) Each time a device is serviced, the service center shall extract the data recorded in the device's memory, and transmit the data to the manufacturer for retention in the customer's file and reporting to the department.
Trans 313.10(6)(a)(a) Whenever a device is removed, the vehicle must be restored to its original condition. All severed wires must be securely reconnected and insulated with heat shrink tubing or its equivalent.
