Section Trans 313.105 - Shared responsibilities(1) CALIBRATION. A manufacturer, vendor or service provider shall follow the procedures approved by the department to calibrate a device.(2) ERASING DATA. A manufacturer, vendor or service provider shall follow the procedures approved by the department to erase any data from a device, including erasing all data from a device that is removed from a vehicle in preparation for reuse in a different vehicle.(3) DEVICE CONFIGURATION. A manufacturer or vendor may load approved Wisconsin device configuration files onto an approved device.(4) WARNING LABEL. (a) A manufacturer or vendor shall cause a warning label, approved by the department, to be affixed to all approved devices installed in vehicles in a manner that will be conspicuous to any person using the device. The warning label shall contain the following information: "WARNING"-Any person removing, tampering with, disconnecting or otherwise circumventing this device may be fined up to $2500 or imprisoned for up to 12 months, or both. ss. 343.44(2) (ar) 2, 347.50, Stats." No other information may be included on the label. Note: Maximum penalties for violation of an occupational license restriction under ss. 343.10(5) (a) 3 and 343.44(2) (ar) 2, Stats., are shown on the label. Lesser penalties apply to violations of s. 347.413(1) under s. 347.50(1s), Stats. See s. 347.413(3), Stats.
(b) The label may be printed in any of the following formats:1. 1" x 2" in size and printed in an 8-point sans serif font such as Helvetica, Calibri or Arial.2. 1" x 2.5" in size and printed in a 9-point sans serif font such as Helvetica, Calibri or Arial.3. A custom warning label format, other than the format described in subd. 1. or 2., only if the custom warning label format is approved by the department and will provide users with clear notice of the information described in par. (a).(c) The custom warning label design must meet all of the following requirements: 1. Contain the language described in par. (a). 2. Attach to the handset in a manner that makes tampering readily observable using an adhesive and label material that makes damage to the label likely in the event of an attempt to remove it.4. Be water and solvent resistant.6. Contain a yellow background and black print.(5) SERVICE PROVIDER QUALITY CONTROL PROCESS. (a) A manufacturer or vendor shall have a quality control process for resolving service provider noncompliance with the requirements this chapter.(b) The manufacturer or vendor shall provide a means to receive complaints from customers regarding service provider noncompliance and a means for the department to refer complaints it receives from customers to the manufacturer or vendor.(c) If a manufacturer or vendor receives a complaint directly from a customer, the manufacturer or vendor shall notify the department of the complaint.(d) For each complaint the manufacturer or vendor receives relating to noncompliance by its service providers, the manufacturer or vendor shall resolve the complaint within 30 days and provide the department with an explanation as to how the complaint was resolved.(6) EVIDENCE RETENTION AND TAMPER REPORTING. If tampering, circumvention or bypass attempts are detected, the service provider, vendor, manufacturer, or manufacturer-authorized device repair facility that detects the occurrence shall do all of the following: (a) Retain relevant evidence, including the device, wires, seals, or other equipment, that demonstrates the tampering, circumvention or bypass attempt and location data related to the offense, if possible, for 30 days unless released to a law enforcement agency as evidence.(b) Document and photograph any perforations, cuts or other indications of possible tampering, circumvention or bypass attempts and retain that information for two years.(c) Retain any evidence of unauthorized changes made to the software or operating system of the device for two years.(d) Immediately report the tampering, circumvention, or bypass attempt event to the department in the manner prescribed by the department, to the sheriff in the violator's county of residence, and to the sheriff in the county in which the violation occurred if that location can be determined from device location data or other information.(7) VIOLATION RESET REPORTING. A manufacturer, vendor, or service provider shall immediately report any violation reset to the department in the manner prescribed by the department.(8) TESTIMONY. A manufacturer, vendor, or service provider shall provide at no cost to the State any testimony requested by the State or any prosecutor in this State, described in the affirmation made pursuant to s. Trans 313.04(2) (b) 14.Wis. Admin. Code Department of Transportation Trans 313.105
Adopted by, CR 20-020: cr. Register September 2021 No. 789, eff. 10-1-21; correction in (4) (c) 1. made under s. 35.17, Stats., Register September 2021 No. 789, eff. 10/1/2021