Current through October 28, 2024
Section Trans 313.07 - Denial, suspension or revocation of device approval(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.(2) A suspension or revocation is effective 15 days after notification is sent to the registered agent of the manufacturer, vendor or service provider that applied for approval of the device under s. Trans 313.04 at the address provided pursuant to s. Trans 313.04(2) (b) 15. or the address of the registered agent on file with the Department of Financial Institutions by certified mail.(3) A manufacturer or vendor may appeal a denial, suspension or revocation of approval for a device under sub. (1). The person appealing shall submit the request for appeal to the department, in writing, within 15 days of the receipt of a notice of denial, suspension or revocation. (4) If approval of a device is denied, suspended, revoked or voluntarily surrendered, the applicant for device approval under s. Trans 313.04 shall be responsible for any costs connected with the removal of its devices from customers' vehicles and the installation of new devices in those customers' vehicles from the department's list of approved devices.Wis. Admin. Code Department of Transportation Trans 313.07
Cr. Register, August, 1993, No. 452, eff. 9-1-93.Amended by, CR 20-020: r. and recr. (1), am. (2) to (4) Register September 2021 No. 789, eff. 10/1/2021