Wis. Admin. Code Trans § Trans 313.10

Current through November 25, 2024
Section Trans 313.10 - Service provider responsibilities
(1) PERIODIC INSPECTIONS.
(a) A service center shall inspect and calibrate a device when it is installed to ensure that it is functioning properly, reliably and accurately.
(b) A service center shall conduct tamper inspections any time that a device is serviced. Tamper inspections include all of the following:
1. Inspection of all external wiring insulation, connections, and sheathing for the device and locations where the device connects to the vehicle.

Note: Detected tampering must be reported and evidence retained under s. Trans 313.105(7).

2. Documentation of any electronic indications of tampering to the device's memory record.
3. Inspection of all tamper seals for breaks, tears or other evidence of tampering.
4. Inspection of the device's tamper detection capabilities.
(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.
(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:
(a) Repair or replace the device within 3 days after service is requested.
(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.
(c) A 24-hour toll-free telephone number to answer questions, and to deal with mechanical problems and emergencies related to the device.

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.

(3) SECURITY. A service provider shall comply with all of the following security requirements:
(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.
(b) A service provider is prohibited from assisting or facilitating any tampering, circumvention or bypass of a device.
(c) A service provider may not install a device on a vehicle owned or operated by any of its employees.
(d) A service provider shall install any security device provided by the manufacturer.
(e) A service provider may not access or alter the internal components of a handset or vehicle module.

Note: Internal repairs of handsets and vehicle modules are performed by the manufacturer or a approved manufacturer-approved authorized device repair facility.

(4) INSTALLATION. A service center shall comply with all of the following installation service requirements:
(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.
(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.
(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.
(e) A service center is not required to install devices on the following types of motor vehicles:
1. Motorcycles or autocycles.
2. Commercial motor vehicles.
3. Vehicles for which installation instructions for ignition interlock devices do not exist.

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.

(5) SERVICE REQUIREMENTS. A service provider shall be responsible for all of the following:
(a) A service provider shall follow the manufacturer's specifications for service and repair.
(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.
(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.
(6) REMOVAL.
(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.
(b) A service provider, vendor or manufacturer shall transmit proof of installation or removal to the department in the manner prescribed by the department within 3 business days after the installation or removal of a device.
(7) TRAINING. A service center shall provide an orientation to the ignition interlock device to the driver and any family members or others who may drive the vehicle. The service center shall include information on all service locations, procedures for regular servicing and emergency situations, and a minimum of two successful start sequences performed by the customer in the vehicle as part of the orientation.
(8) MOUTHPIECES. A service provider shall supply an adequate number of mouthpieces, breath receptors or other sample components to the customer upon initial installation and each time the device is serviced.
(9) INSPECTION.
(a) To ensure compliance with the requirements of this section, the service provider shall make any service location and any device at the service location available for inspection by the department during the service provider's normal business hours.
(b) The department may attend service calls made by a service center, may inspect service centers, and may audit work performed by service centers.
(10) CALIBRATION.
(a) A person shall calibrate a device using the calibration procedure for that device established by the manufacturer and approved by the department.
(b) No person may use a wet bath simulator for the calibration of any device.
(c) Calibration shall ensure that the device accurately measures alcohol concentration. A device shall be considered properly calibrated if it measures a dry gas sample at or below 0.050 g/210L within a range of ± 0.005 g/210L.
(11) MOBILE SERVICE CENTERS.
(a) All provisions of this chapter pertaining to service centers are applicable to mobile service centers.
(b) Service centers shall provide the department with a schedule for installation and calibration mobile services 24 hours before the services occur in a manner prescribed by the department. The service center shall cause the schedule to contain the name of the customer, the name of the manufacturer or vendor, the name of the service center, the location where the service will occur, and the anticipated date and time of the service. Emergency service may be provided to a customer for lockout, device or vehicle malfunction issues without advance notice under this paragraph.
(c) All mobile service centers shall be associated with a fixed, permanent service center.
(12) CONSUMER DISCLOSURE. Any agreement, contract, or other document presented to a person to authorize installation of a device on a vehicle shall include all of the following information in no less than 12-point type on the front page of the documents:
(a) Cost of installation of the device in the vehicle.
(b) Monthly maintenance costs for the device.
(c) A description of any additional charges that may be made to the person including charges for mouthpieces, breath receptors or other sample components, if any, violation reset, maintenance, device insurance, reporting, or device calibration.
(d) The cost, if any, to be charged to person if the service provider that installs the device subsequently removes the device.

Wis. Admin. Code Department of Transportation Trans 313.10

Cr. Register, August, 1993, No. 452, eff. 9-1-93.
Amended by, CR 20-020: am. (1) (a), (b) (intro.), 1., cr. (1) (c), r. and recr. (2), (3) (e), am. (4) (intro.), (a) to (c), r. (4) (d), cr. (4) (e), am. (5) (b), (c), (6) (b), (7), (8), renum. (9) to (9) (a), cr. (9) (b), (10) to (12) Register September 2021 No. 789, eff. 10-1-21; correction in numbering in (12) made under s. 13.92(4) (b) 1, Stats., Register September 2021 No. 789, eff. 10/1/2021