Section Trans 313.08 - Manufacturer responsibilities(1) MODIFICATIONS. A manufacturer shall meet all of the following requirements: (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.(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.(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.(d) Upon the department's request, provide sample modified devices the department may inspect or test for continued acceptability under this chapter.(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. 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.
(3) MOUTHPIECES. A manufacturer or vendor shall make an adequate supply of mouthpieces or other replaceable breath receptor devices available to a service provider.(4) ANTI-TAMPERING. A manufacturer shall ensure that a device has adequate electronic anti-tampering features which include all of the following:(a) A device shall retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected.(b) A device shall retain its data memory when disconnected from the vehicle's power supply.(c) When a device detects a condition that would be considered tampering, the device shall activate a visual and audible indicator. Note: Detected tampering must be reported, and evidence retained under s. Trans 313.105(7).
(5) TRAINING. (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.(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.(c) The manufacturer or vendor shall develop device installation instructions for service provider use and share them with the department upon request.(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).Wis. Admin. Code Department of Transportation Trans 313.08
Cr. Register, August, 1993, No. 452, eff. 9-1-93.Amended by, CR 20-020: r. and recr. Register September 2021 No. 789, eff. 10/1/2021