Section Trans 313.09 - Statewide service(1) In order to ensure that devices are available to persons in all areas of the state, as a condition of approval and use in the state of Wisconsin, each device must include an affirmation from the device manufacturer, vendor of the device, or a service provider that it will agree to take assignments to unserved areas of the state of Wisconsin in accordance with this section.(2) The department shall monitor the service center sites throughout Wisconsin. If the department determines that any place in Wisconsin is not within 75 miles of a fixed, permanent service center, the department shall randomly select one of the entities that made an affirmation under sub. (1) and require that entity to establish a service center or provide a mobile service center in the unserved area. If a second or subsequent area of Wisconsin is determined not to be within 75 miles of a fixed, permanent service center, the department shall randomly select an entity that made an affirmation under sub. (1) other than the ones selected previously and require that entity to establish a service center or provide a mobile service in the unserved area. If all entities that make affirmations under sub. (1) have been required to provide service centers under this subsection, the process of randomly selecting entities shall be repeated.(3) A manufacturer or vendor shall notify the department in writing at least 7 days before a fixed, permanent service center closes or a fixed, permanent service center moves to another address. In the event a fixed, permanent service center moves, the manufacturer or vendor shall provide the department with the address of the new fixed, permanent service center location or notice that service to the area of the fixed, permanent service center will be provided by a mobile service center at least 7 days before the scheduled service center move. In the event of an emergency, such as a flood, fire, riot, or weather-related event affects a service center, the manufacturer or vendor shall provide the department with notice of the effect of the emergency event on the service center and its plans for re-establishing service at that location or moving the service center to a new location as soon as reasonably possible.(4) A manufacturer or vendor shall provide the department with at least 7 days' advance notice of discontinuing mobile service to any part of the state. Service may not be discontinued to any location assigned to an affirmant under sub. (2) unless the affirmant can show that a different entity is providing service in that area.Wis. Admin. Code Department of Transportation Trans 313.09
Cr. Register, August, 1993, No. 452, eff. 9-1-93.Amended by, CR 20-020: r. and recr. Register September 2021 No. 789, eff. 10/1/2021Amended by, correction in (4) made under s. 35.17, Stats., Register October 2022 No. 802, eff. 11/1/2022Under s. Trans 313.07 (1) (h), device approval for use in the state of Wisconsin may be revoked, suspended or denied if an entity that made a service provider affirmation under sub. (1) fails to provide reasonable service in an area assigned to the service provider under sub. (2).