Section Trans 313.03 - Definitions 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.(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.(10) "Customer" means a person who has a device installed in a vehicle.(11) "Department" means the department of transportation.(12) "Device" means an ignition interlock device.(13) "DMV" means the division of motor vehicles of the department of transportation.(14g) "Fixed, permanent service center" means a facility in a permanent building at which device services can be provided.(14r) "Handset" means the portion of the device where the sample is introduced and analyzed.(15) "Ignition interlock device" has the meaning in s. 340.01(23v), Stats.(16) "Manufacturer" means a person, company or corporation who produces a device.(16g) "Minimum sample acceptance criteria" means the criteria established by the manufacturer for detection of whether a given breath sample is deep lung air provided by a human being, such as sample flow, volume, temperature, humidity, composition, and whether the sample passed any anti-circumvention measures adopted by the manufacturer.(16m) "Mobile service center" means a service center that operates out of a motor vehicle or trailer. Note: Mobile service centers typically drive to locations at which they are able to provide convenient service to customers.
(16r) "Passing breath sample" means a breath sample below a device's alcohol setpoint and that meets all minimum sample acceptance criteria for that device.(17) "Permanent lockout" means a condition in which a device will not initiate a start sequence until the device is reset by a service provider except as provided in s. Trans 313.04 (5) (i).(18) "Prohibited alcohol concentration" has the meaning in s. 340.01(46m), Stats.(20) "Restart" means a feature of a device in which a vehicle is successfully started or operated and, when the engine or electric propulsion system stops for any reason, including stalling, the vehicle may be restarted within a 2-minute period, without requiring any additional breath samples.(20m) " Result" means a piece of data that categorizes whether a breath sample is provided to the device and, if provided, whether it meets the device's minimum sample acceptance criteria for breath quality and alcohol concentration.(21) "Retest" means a feature of a device which will require sample sequences to be provided while the vehicle is operable.(21m) " Sample sequence" means a list of device-related events beginning with the time a device requests a sample until and including the time a result is recorded and displayed. Device-related events include requests for tests, failure to provide a breath sample or adequate breath sample, measurements made by the device, images taken, and the final result of the sequence.(22) "Security" means the protection and safeguards incorporated into a device to ensure proper performance and to prevent failure caused either by inherent defects in the device or tampering.(22m) "Service center" means a location at which service is provided to install, inspect, repair, replace, remove or calibrate devices. The term includes fixed, permanent service centers and mobile service centers.(23) "Service provider" means an approved dealer, distributor, supplier, or service center of a device.(23m) "Start sequence" means the sample sequence initiated when the vehicle is not in operation.(24) "Tampering" means an unauthorized, intentional overt act or attempt to remove, bypass, adjust, alter the settings of, or disable a device or to disconnect a device from its power source. "Tampering" does not include disconnecting the device from its power source during vehicle or device service, nor disconnection of a handset as authorized under s. Trans 313.04 (5) (k).(25) "Vehicle module" means the part of a device that houses the components that interface with a vehicle.(26) "Vendor" means a retail or wholesale supplier of an approved device, and may include a service provider.(26m) " Violation" means one or more of the following: (a) A breath sample that is above the alcohol setpoint.(b) Failure to provide a passing breath sample within the 5-minute retest window. Note: Violation does not include disconnecting the device from its power source during vehicle or device service, nor disconnection of a handset as authorized under s. Trans 313.04 (5) (k).
(27) "Violation reset" means that a device enters a status in which a reminder is provided to the device user that the device will enter permanent lockout mode unless taken to a service center by the 7th day following the device entering violation reset status.Wis. Admin. Code Department of Transportation Trans 313.03
Cr. Register, August, 1993, No. 452, eff. 9-1-93.Amended by, CR 20-020: am. (intro.), (3), cr. (3m), (4m), (6m), am. (7), renum. (8) to Trans 313.01(2) and am., r. and recr. (9), am. (10), r. (14), cr. (14g), (14r), (16g) to(16r), am. (17), r. (19), am. (20), cr. (20m), am. (21), cr. (21m), (22m), (23m), am. (24), r. and recr. (25), am. (26), cr. (26m), renum. (27) (intro.) to (27) and am., r. (27) (a) to (c) Register September 2021 No. 789, eff. 10-1-21; correction in (intro.) made under s. 35.17, Stats., Register September 2021 No. 789, eff. 10/1/2021Amended by, correction in (intro.), (24) made under s. 35.17, Stats, Register October 2022 No. 802, eff. 11/1/2022