reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 310 - Child restraint standards and exemptions › Section Trans 310.05 - Exemptions

Current through June 24, 2024
(1) A child who, because of a medical
			 condition, body size or a physical disability, is incapable of being
			 transported in a child safety restraint system, may be transported without a
			 safety restraint system or safety belt providing:
(a) A typewritten statement by a licensed
			 physician attests to the fact that the child may not, in the opinion of the
			 physician, be safely transported in a child safety restraint system or safety
			 belt.
(b) The statement in par. (a)
			 is dated not more than one year previously.
(c) The statement in par. (a) is on the
			 physician's letterhead or contains a typewritten name, address and telephone
			 number of the physician.
(d) The
			 physician's statement shall be carried in the vehicle transporting the
			 child.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.03 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Administrator" means the administrator
			 of the division of state patrol in the Wisconsin department of
			 transportation.
(2) "Agency" means
			 a law enforcement agency in the state engaging in breath alcohol
			 testing.
(3) "Alcohol" means ethyl
			 alcohol and may include methyl alcohol and isopropyl alcohol.
(4) "Calibrating unit" means a device
			 designed to produce a predictable alcohol concentration reading on a breath
			 alcohol test instrument.
(5)
			 "Certified instrument operator" means a person who has successfully completed a
			 specialized training program and has been issued a permit by the
			 department.
(6) "Chief of the
			 chemical test section" means the person assigned the responsibility for the
			 administration and supervision of the breath alcohol testing, approval and
			 permit program of the department.
(7) "Department" means the Wisconsin
			 department of transportation.
(8)
			 "Instrument" means an item or combination of items of equipment designed to
			 make a measurement of alcohol concentration.
(9) "Instrument blank analysis" means a test
			 of an ambient air sample to insure that the instrument produces a zero
			 result.
(10) "Lot" means an entire
			 batch of reference solution.
(11)
			 "Permit" means a certificate issued by the department authorizing an individual
			 to perform breath alcohol testing using the instrument or categories of
			 instruments specified thereon.
(12)
			 "Qualitative breath alcohol analysis" means a test of a person's breath, the
			 results of which indicate the presence or absence of alcohol.
(13) "Quantitative breath alcohol analysis"
			 means a chemical test of a person's breath which yields a specific result in
			 grams of alcohol per 210 liters of breath.
(14) "Reference solution" means a solution
			 compounded for use in a calibrating unit which, when equilibrated with air,
			 yields a predictable alcohol concentration or a sealed, pressurized sample of
			 gas that contains a predictable alcohol concentration.
(15) "Secretary" means the secretary of the
			 Wisconsin department of transportation.
(16) "Technician" means a person employed by
			 the department, approved by the secretary and assigned the responsibility for
			 the supervision of the breath alcohol testing, approval and permit program in
			 an assigned area of the state.
(17)
			 "Test sequence" means one adequate breath analysis, one reference solution
			 analysis, and a second adequate breath sample analysis. Each subject test and
			 each reference solution test shall be preceded and followed by an instrument
			 blank analysis.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.04 - Approval of breath alcohol test instruments

Current through June 24, 2024
(1) Only
			 instruments and ancillary equipment approved by the chief of the chemical test
			 section may be used for the qualitative or quantitative analysis of alcohol in
			 the breath.
(2)
(a) All models of breath testing instruments
			 and ancillary equipment used shall be evaluated by the chief of the chemical
			 test section.
(b) The procedure for
			 evaluation shall be determined by the chief of the chemical test
			 section.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.05 - Approval of calibrating units

Current through June 24, 2024
All calibrating units for breath alcohol test instruments shall
				have the approval of the chief of the chemical test section.
A current list of calibrating units that have been approved
				  for use in the State of Wisconsin is available from the Chemical Test Section,
				  Wisconsin State Patrol, P. O. Box 7912, Madison, WI 53707.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.06 - Approved techniques and methods of performing chemical analysis of the breath

Current through June 24, 2024
(1) Only methods approved by the department
			 may be used to perform quantitative breath alcohol analysis.
(2) Techniques used in performing
			 quantitative breath alcohol analysis shall be those which are designed to
			 assure accuracy, detect malfunctions and to safeguard personnel and
			 equipment.
(3) Procedures for
			 quantitative breath alcohol analysis shall include the following controls in
			 conjunction with the testing of each subject:
(a) Observation by a law enforcement person
			 or combination of law enforcement persons, of the test subject for a minimum of
			 20 minutes prior to the collection of a breath specimen, during which time the
			 test subject did not ingest alcohol, regurgitate, vomit or smoke.
(b) Instrument blank analysis.
(c) An analysis utilizing a calibrating unit,
			 the results of which analysis shall fall within 0.01 grams of alcohol per 210
			 liters of gas of the established reference value.
(d) Consecutive breath alcohol analysis
			 results in a test sequence within .02 grams of alcohol per 210 liters of breath
			 shall be deemed to be an acceptable agreement. Breath sample analysis failing
			 to meet this criteria shall be deemed deficient.
(e) If the first test sequence is deficient,
			 a second test sequence shall be administered.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.07 - Approval of breath alcohol testing programs

Current through June 24, 2024
(1) All breath
			 alcohol testing programs in this state shall be certified by the
			 department.
(2) Certification of
			 any breath alcohol testing program shall be contingent upon the law enforcement
			 agency's agreement to conform to and abide by all directives, orders or
			 policies issued or to be issued by the department. These shall include, but are
			 not limited to, the following:
(a) Program
			 administration including reports, records and forms.
(b) Site location and security.
(c) Methods of operation and testing
			 procedures.
(d) Transmission of all
			 program data or information requested in a manner and format prescribed by the
			 department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.08 - Technicians

Current through June 24, 2024
(1) The secretary shall, upon recommendation
			 of the department, approve trained technicians as required by s.
			 343.305(6)
			 (b) 3, Stats.
(2) The issuance of a certificate bearing the
			 signature of the secretary shall establish that the holder of that certificate
			 has been approved by the secretary as a trained technician.
(3) Duties and responsibilities of a
			 technician shall include but are not limited to the following:
(a) Supervise the breath alcohol testing,
			 approval and permit program in an assigned area of the state.
(b) Supervise the breath alcohol test
			 activities of certified instrument operators.
(c) Complete field inspections of the total
			 breath alcohol testing, approval and permit program including reports, records,
			 operations and analyses.
(d)
			 Conduct investigations into matters pertaining to the breath alcohol testing,
			 approval and permit program.
(e)
			 Instruct law enforcement agency personnel, utilizing the approved training
			 programs, in the proper operation and use of breath alcohol test instruments
			 and calibrating units.
(f) Evaluate
			 and certify to the department the competency of law enforcement agency
			 personnel to conduct qualitative and quantitative breath alcohol
			 tests.
(g) Assure the continued
			 proficiency and competency of certified instrument operators at intervals
			 established by the department.
(h)
			 Assure compliance with all provisions of this chapter.
(i) Maintain and submit records and reports
			 as required by the department.
(j)
			 Testify in court when required regarding the breath alcohol testing, approval
			 and permit program.
(k) Comply with
			 the procedure for testing and certifying the accuracy of breath alcohol test
			 instruments set forth in this chapter.
(l) Comply with all directives concerning the
			 breath alcohol testing, approval and permit program issued by the
			 department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.09 - Approved training programs

Current through June 24, 2024
(1) Training
			 programs for the training of law enforcement agency personnel in qualitative or
			 quantitative breath alcohol analysis shall be approved by and under the
			 direction of the department.
(2)
			 Applicants to attend an approved training program in quantitative breath
			 alcohol analysis shall meet the following qualifications:
(a) Applicants shall be high school graduates
			 or the equivalent.
(b) Applicants
			 shall be full time, permanent employees of a law enforcement agency unless
			 granted exception from this requirement by the department.
(c) Applicants shall have the recommendation
			 of the chief administrative officer of the employing agency.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.10 - Procedure for testing and certifying the accuracy of breath alcohol test instruments

Current through June 24, 2024
(1) All quantitative breath alcohol test
			 instruments approved for use in this state shall be tested and certified for
			 accuracy in accordance with the following standards:
(a) Each instrument shall be tested and
			 certified for accuracy before regular use and periodically thereafter pursuant
			 to s.
			 343.305(6)
			 (b) 3, Stats.
(b) Each test for accuracy shall include, but
			 not be limited to, an instrument blank analysis and an analysis utilizing a
			 calibrating unit. The result of the calibrating unit analysis shall fall within
			 0.01 grams of alcohol per 210 liters of the established reference
			 value.
(c) The original reports of
			 instrument maintenance and certifications shall be forwarded to and retained by
			 the department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 311 - Breath Alcohol Testing, Approval And Permit Program › Section Trans 311.11 - Qualifications for issuance and cause for suspension and cancellation of permits

Current through June 24, 2024
(1) Permits to conduct qualitative or
			 quantitative breath alcohol analysis for the purpose of determining the
			 presence or concentration of alcohol in the breath shall be issued only to
			 those persons who have successfully completed a course of instruction
			 prescribed by the department. Permits shall:
(a) Identify the instrument or categories of
			 instruments that the bearer is qualified to operate.
(b) Bear the signature, original or
			 facsimile, of the chief of the chemical test section.
(c) Be valid for a period of 2 years; except
			 that a permit may be extended for cause by the department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 312 - Weigh station stopping requirements › Section Trans 312.01 - General

Current through June 24, 2024
(1) SCOPE. Pursuant to authority in ss.
			 84.02(4)
			 (c) and
			 85.16(1),
			 Stats., and in ch. 348, Stats., the department of transportation adopts these
			 rules relating to requiring trucks to stop at weigh stations.
(2) PURPOSE. The purpose for this rule is to
			 specify which vehicle operators shall stop at open weigh stations for vehicle
			 and load weighing, measuring and inspecting and to specify further which
			 vehicle operators, although they may be required by a traffic officer to stop,
			 shall not be required to stop for vehicle and load weighing, measuring and
			 inspecting as a matter of regular course at open weigh stations.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 312 - Weigh station stopping requirements › Section Trans 312.02 - Definitions

Current through June 24, 2024
The word and phrase definitions in ss.
				340.01,
				348.01
				and
				990.01,
				Stats., shall apply throughout this chapter except that the following
				definitions shall apply for purposes of this chapter:
(1) "Department" means the Wisconsin
			 department of transportation.
(2)
			 "Gross weight" has the meaning set forth in s.
			 348.01(2)
			 (b), Stats.
(3) "Truck" includes any motor truck, road
			 tractor or truck tractor including any vehicle being towed thereby.
(4) "Weigh station" means a facility
			 constructed and maintained pursuant to s.
			 84.01(21),
			 Stats., for weighing, measuring or inspecting vehicles and loads operating on
			 any highway.
(5) "Weigh station
			 sign" means an official traffic sign placed or erected by authority of the
			 department to inform truck operators of weigh station stopping requirements for
			 trucks.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 312 - Weigh station stopping requirements › Section Trans 312.03 - Authority and enforcement discretion

Current through June 24, 2024
(1) AUTHORITY. The
			 department has statutory authority and responsibility to enforce the size,
			 weight and load requirements of ch. 348, Stats. The provisions of ss.
			 84.01(21)
			 and
			 110.07(1)
			 (a) 3, Stats., and of ch. 348, Stats.,
			 provide this authority. To implement its enforcement responsibilities, the
			 department may require the operator of any vehicle being operated on a
			 Wisconsin highway to stop at a weigh station and have the vehicle and its load
			 weighed, measured or inspected.
(2)
			 ENFORCEMENT DISCRETION. Because of time, personnel and resource limitations,
			 the department cannot weigh, measure or inspect all vehicles at weigh stations
			 as a matter of regular course. Department experience shows that trucks having a
			 gross weight of 8,000 pounds or less often are used for personal transportation
			 and not for property transportation. For this reason, the department chooses
			 not to require operators of trucks having a gross weight of 8,000 pounds or
			 less to stop at open weigh stations unless directed to do so by a traffic
			 officer.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 312 - Weigh station stopping requirements › Section Trans 312.04 - Stopping requirements

Current through June 24, 2024
(1) TRUCKS OVER 8,000 POUNDS. Whenever the
			 operator of a truck having a gross weight in excess of 8,000 pounds approaches
			 an open weigh station, the operator shall stop the truck at the open weigh
			 station and shall permit the truck and its load to be weighed, measured or
			 inspected.
(2) TRUCKS OF 8,000
			 POUNDS OR LESS. The department may not require the operator of a truck having a
			 gross weight of 8,000 pounds or less to stop at open weigh stations as a matter
			 of regular course. A truck having a gross weight of 8,000 pounds or less shall
			 be subject, however, to all the applicable size, weight and load limitations of
			 ch. 348, Stats.; and the operator of a truck having a gross weight of 8,000
			 pounds or less shall obey all requests of any traffic officer requesting the
			 operator to stop and to submit the truck or the truck load to weighing,
			 measuring or inspecting.
(3)
			 PENALTIES. Any operator of a truck violating this section shall be subject to
			 the penalty provisions of s.
			 348.21(2)
			 (a), Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 312 - Weigh station stopping requirements › Section Trans 312.05 - Weigh station signs

Current through June 24, 2024
The department shall place or erect weigh station signs at
				appropriate locations near weigh stations along highways that the department
				constructs or maintains. The weigh station sign message shall be composed and
				designed for the purpose of informing operators approaching a weigh station of
				the need to meet the stopping requirements of s.
				Trans
				312.04(1).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.01 - General

Current through June 24, 2024
(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.
Section
				  347.413(2),
				  Stats., was repealed eff. 1-1-02. Section
				  110.10,
				  Stats. authorizes rulemaking " . . . providing for the implementation of an
				  ignition interlock device program that will be conveniently available to
				  persons throughout this state."
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.04 - Device approval procedure

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.05 - Financial responsibility

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.07 - Denial, suspension or revocation of device approval

Current through June 24, 2024
(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:
(a) Defects in design, materials or
			 workmanship causing repeated failures of a device.
(b) Termination or cancellation of a
			 manufacturer's or vendor's liability insurance.
(c) The manufacturer discontinues the
			 business of manufacturing devices.
(d) Voluntary request by a manufacturer or
			 vendor to cancel approval of a device.
(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.
(f) Provision of materially false or
			 inaccurate information relating to a device's performance standards, by a
			 manufacturer, vendor, or service provider.
(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.
(h) Failure to provide service in an area
			 assigned to a manufacturer, vendor or service provider under s.
			 Trans
			 313.09(2).
(i) Repeated failure to provide notice of a
			 service center location change or mobile service center discontinuance in
			 accordance with s.
			 Trans 313.09(3) or
			 (4).
(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.
(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.
(l) Failure to provide addresses or locations
			 at which mobile service is to be provided.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.08 - Manufacturer responsibilities

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.10 - Service provider responsibilities

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.105 - Shared responsibilities

Current through June 24, 2024
(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.
3. Be weatherproof.
4. Be water and solvent resistant.
5. Be conspicuous.
6. Contain a yellow background and black
			 print.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.11 - Warning label

Current through June 24, 2024
A warning label, approved and provided by the department, shall
				be affixed to all approved devices. 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 $1000
				or imprisoned for up to 6 months, or both. Wis. Stats.
				347.50(1s).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.12 - List of authorized service centers

Current through June 24, 2024
A manufacturer or vendor shall provide the department with a
				list of all service centers in Wisconsin that are authorized by the
				manufacturer or vendor to install, service or remove the manufacturer's or
				vendor's devices. The manufacturer or vendor shall cause the list to clearly
				state the price charged by the service center for installation, maintenance,
				calibration, violation reset service, and removal of the device, and shall
				disclose any additional fees or charges that may be imposed on the customer,
				including all fees described in s. Trans 313.10 (12). If insurance for the
				device is made available to the customer, the list shall include the cost to
				replace the device and the monthly cost for the insurance. The department shall
				make this list available to all Wisconsin courts and to the public on its
				internet website.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.13 - Administrative procedures

Current through June 24, 2024
(1) The clerk of
			 court or a court shall report the issuance of any court order requiring the
			 installation and use of a device to the department in one of the following
			 ways:
(a) In the comments section of the
			 uniform traffic citation.
Note:
The Uniform Traffic Citation is DMV form
				number MV-4016.
(b) On the
			 conviction status report.
Note:
The conviction status report is DMV form
				MV-3435.
(c) In the
			 miscellaneous section of the conviction report.
(d) On the petition for occupational license.
Note:
The petition for occupational license is DMV
				form MV-3027.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.14 - Restrictions on removing device

Current through June 24, 2024
(1) No person other
			 than a service provider may remove a device from a vehicle before the
			 restriction period has elapsed, unless the customer surrenders to the
			 department all operator and occupational licenses in the customer's
			 possession.
(2) No service provider
			 may remove a device from a vehicle before the restriction period has elapsed,
			 unless the customer does one of the following:
(a) Requests that the device be removed from
			 the vehicle.
(b) Intentionally
			 damages the device.
(c) Fails to
			 pay for installation, service or calibration of the device, or other charges
			 assessed to the person and authorized under this chapter.
(d) Behaves with an offensive or abusive
			 personality toward manufacturer, vendor or service provider
			 personnel.
(e) Fails to comply with
			 a contract with the manufacturer, vendor or service provider.
(f) Removes the device to preserve evidence
			 or tampering or circumvention in accordance with s. Trans 313.105 (6).
Note:
If a service provider removes a device, it
				is required to promptly notify DMV so that appropriate license actions may be
				taken. See s. Trans 313.10 (6) (b).
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.15 - Audit authority

Current through June 24, 2024
The department may audit and inspect the facilities and
				records of a manufacturer, vendor or service provider, including mobile service
				locations, to verify compliance with the requirements of this chapter.
				Manufacturers, vendors and service providers shall retain all records relating
				to an application for approval, installation, service, removal and use of a
				device, for at least 3 years, and shall make these records available to the
				department for inspection and copying upon request.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.16 - Other prohibited conduct

Current through June 24, 2024
(1)
			 NONDISCRIMINATION. No manufacturer, vendor or service provider may discriminate
			 for or against a person by reason of sex, race, creed, color, sexual
			 orientation, national origin or ancestry, gender, gender expression, age,
			 disability, marital status, or military status in any of its activities or
			 operations.
Note:
See s.
				227.10(3)
				(a), Stats.
(2) DEEP LUNG AIR REQUIREMENT. No person,
			 manufacturer, vendor or service provider may modify, alter, or adjust the
			 settings or programming of any device so as to require less than 1.5 liters of
			 air per breath sample.
Note:
Reducing the volume of air required to use
				the device is not considered a reasonable accommodation of any disability
				because a sample of that size is required for the device to reliably and
				properly perform its intended function of measuring alcohol
				concentration.
(3)
			 ALTERATION OF SETTINGS OR PROGRAMMING. No person may modify, alter, or adjust
			 the settings or programming of any device, except as provided in s. Trans
			 313.105(3).
(4) REPAIRS. No person
			 may repair handsets or vehicle modules unless it is a manufacturer or is a
			 manufacturer-approved authorized device repair facility.
(5) ADVICE LEADING TO LOCKOUT MODE. No
			 manufacturer, vendor or service provider may advise or counsel a person to
			 violate any law or take any action that will result in a device entering a
			 lockout mode or needing service.
(6) MOTORCYCLE AND MOPED PROHIBITION. No
			 person may install a device on a motorcycle or moped in this state.
Section
				  343.301(1m)
				  (b), Stats. requires courts to exempt
				  vehicles for which the department has not approved an ignition interlock device
				  that is capable of being installed on the vehicle from any ignition interlock
				  order is issues under 343.301 (1g), Stats. The department has not approved any
				  devices for use on motorcycles because of the safety hazard use of the device
				  would present to the operator. This provision prevents installation on
				  motorcycles in this state, but does not prohibit the use of motorcycles in this
				  state on which IIDs have been installed in other
				  jurisdictions.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 313 - Breath Alcohol Ignition Interlock Devices › Section Trans 313.17 - Ignition interlock emergencies

Current through June 24, 2024
The Secretary of the Department of Transportation may declare
				an ignition interlock emergency if a natural disaster, epidemic, or other
				emergency arises that affects the ability of manufacturers, vendors and service
				providers to service and install ignition interlock devices in this state. The
				Secretary may, by such order, extend any of the deadlines or time limits
				established in this chapter or waive any of the requirements of this chapter
				for a period not to exceed 6 months.
In the event longer periods of exemption or waiver are
				  required, they can be accomplished through emergency rulemaking procedures set
				  forth in s.
				  227.24,
				  Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 315 - Safety belt usage; physical or medical exemption › Section Trans 315.01 - Purpose and scope

Current through June 24, 2024
(1) PURPOSE. As authorized by s.
			 347.48(2m)
			 (e), Stats., the purpose of this chapter is
			 to establish the criteria for exemption from Wisconsin's mandatory safety belt
			 usage law for persons, who because of a physical or medical condition, cannot
			 be properly restrained in a safety belt.
(2) APPLICABILITY. This chapter applies to
			 all persons who are at least 4 years old and are subject to the safety belt
			 installation and usage requirements of s.
			 347.48,
			 Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 315 - Safety belt usage; physical or medical exemption › Section Trans 315.03 - Exemption for physical or medical condition

Current through June 24, 2024
(1) A person who is
			 at least 4 years old is exempted from the provisions of s.
			 347.48(2m),
			 Stats., if the person cannot be properly restrained in a safety belt because of
			 a physical or medical condition providing:
(a)
			 The person has a written statement signed by a licensed physician indicating
			 the person cannot be restrained by a safety belt because of a physical or
			 medical condition, or words to that effect.
(b) The statement in par. (a) is dated not
			 more than one year previously, unless a shorter period is specified or the
			 statement indicates that the medical or physical condition is permanent or
			 chronic.
(c) The statement in par.
			 (a) contains an address and telephone number of the physician.
(d) The statement in par. (a), or a photocopy
			 of the statement, is carried on the person or in the vehicle transporting the
			 person.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 316 - Wood harvesting slashers › Section Trans 316.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Self-propelled slasher" means a slasher that is self-propelled when used for
			 cutting functions, but which requires a separate vehicle for transport
			 purposes.
(2) "Tree loader" means a
			 mechanism, constructed as part of the slasher unit, that is used to load trees
			 onto the slasher saw table for cutting.
(3) "Truck-mounted slasher" means a slasher
			 that is permanently secured to a truck for use during cutting functions and for
			 transport purposes.
(4) "Wood
			 harvesting slasher" means a slasher with a mounted tree loader constructed
			 specifically to cut trees to specific lengths and principally used off the
			 highway. These units include either of the following:
(a) A self-propelled slasher mounted on or
			 towed by an articulated semi-trailer or trailer that shall be considered as a
			 single unit.
(b) A truck-mounted
			 motorized slasher that shall be considered as a single unit.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 319 - Towing of Unauthorized Vehicles on Private Property › Section Trans 319.01 - Purpose and scope

Current through June 24, 2024
(1) The purpose of this chapter is to
			 interpret and implement s.
			 349.13(3m),
			 Stats., relating to removal of vehicles on private property that are not
			 authorized to park in that area.
(2) This chapter applies to the towing of
			 vehicles parked on private property under s.
			 349.13(3m),
			 Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 319 - Towing of Unauthorized Vehicles on Private Property › Section Trans 319.02 - Definitions

Current through June 24, 2024
Words and phrases defined in s.
				340.01,
				Stats., have the same meaning in this chapter unless a different definition is
				specifically provided. In this chapter:
(1) "Properly posted" has the meaning given
			 in s.
			 349.13(3m)
			 (a) 2, Stats.
(2) "Law enforcement agency" means a county
			 sheriff or municipal police department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 319 - Towing of Unauthorized Vehicles on Private Property › Section Trans 319.04 - Form and manner of display of notice

Current through June 24, 2024
(1) FORM OF
			 POSTING.
(a) The posted notice shall be
			 clearly visible and displayed in either of the following formats:
1. A notice consisting of a word message that
			 indicates the parking of unauthorized vehicles is prohibited and that
			 unauthorized vehicles may be removed.
2. A notice consisting of the symbol for a
			 tow-away zone and a word message that indicates the parking of unauthorized
			 vehicles is prohibited.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 319 - Towing of Unauthorized Vehicles on Private Property › Section Trans 319.05 - Towing service notification requirements

Current through June 24, 2024
(1) NOTICE OF TOW
			 TO LAW ENFORCEMENT. Prior to removing a vehicle from private property pursuant
			 to s.
			 349.13(3m),
			 Stats., a towing service shall give notice of the impending tow to the police
			 department for the municipality in which the vehicle is parked or, if that
			 municipality has no police department, the sheriff of that county. The towing
			 service shall deliver the notice to the law enforcement agency's non-emergency
			 telephone number, unless a different delivery method is designated by the law
			 enforcement agency that is any of the following:
(a) By telephone, including voice mail,
			 answering machine or answering service capable of recording messages.
(b) By transmission to an electronic mail
			 address specified by the law enforcement agency.
(c) By any other electronic means, including
			 computerized or web-based systems capable of receiving and storing information
			 from towing services related to the removal of vehicles parked on private
			 property.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 320 - Calculation Of Fees For Special Events, Security, Traffic Enforcement And Escort Services › Section Trans 320.01 - Purpose and scope

Current through June 24, 2024
(1) PURPOSE. As authorized by ss.
			 85.51
			 and
			 348.25(3),
			 Stats., the purpose of this chapter is to establish a uniform method to
			 determine the fees that may be charged for special events, security and traffic
			 enforcement services, and escort services provided by state traffic
			 officers.
(2) SCOPE. This chapter
			 applies to all of the following:
(a) Special
			 events in which state traffic officers provide security and traffic enforcement
			 services for which an admission fee is charged, and the special event is
			 organized by a private or public organization.
(b) Motor carriers and private motor carriers
			 who require escort services for oversize or overweight vehicles or
			 loads.
(c) Projects involving the
			 installation, inspection, removal, relocation or repair of a utility facility
			 located on a highway if security and traffic law enforcement services are
			 provided by state traffic officers.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 320 - Calculation Of Fees For Special Events, Security, Traffic Enforcement And Escort Services › Section Trans 320.03 - General requirements

Current through June 24, 2024
(1) Requests for escort services, special
			 event services and utility facility project services shall be submitted to the
			 region commander of the division of state patrol region in which the special
			 event or utility facility project shall take place, or in which the escort
			 services shall originate.
(2) Fees
			 for special event services requested by another law enforcement agency shall be
			 charged to the special event sponsor in the same manner as requests received
			 directly from a sponsor.
(3)
			 Requests for special event services shall be submitted at least 48 hours prior
			 to the beginning of the special event.
(4) Costs related to requests for services
			 not made in advance of a special event for which the division of state patrol
			 is ultimately required to provide services, shall be charged to the event
			 sponsor.
(5) Requests for escort
			 services shall be submitted at least 48 hours prior to the beginning of the
			 escort.
(6) Requests for escort
			 services shall be accompanied by a valid oversize or overweight permit issued
			 by the department's division of motor vehicles, bureau of vehicle services,
			 motor carrier services section, or an officer in charge of maintenance of local
			 highways.
(8) Requests to the
			 region commander shall include all of the following:
(a) Identification of the point of origin and
			 the point of termination for any escort service.
(b) Identification of the location of the
			 special event.
(c) Identification
			 of roads and highways to be provided with security and traffic
			 enforcement.
(d) Identification of
			 the location of the utility facility project.
(e) Identification of the anticipated
			 starting and ending dates and times for any escort service, or identification
			 of the starting and ending dates and times, including the number of days
			 involved, for any special event or utility facility project for which security
			 and traffic enforcement is to be provided.