Abusive Driver Fees Gets Clarification
By Greg L | 13 July 2007 | Virginia Politics | 26 Comments
There’s been a lot of talk about the abusive driver fees that are part of the transportation compromise, and the debate has somewhat spun out of control, making it harder to separate the legitimate problems with this component of the financing plan from the misconceptions. In today’s Manassas Journal-Messenger, Delegate Scott Lingamfelter makes a good attempt to set the record straight:
Politics can be frustrating, particularly when it comes to clarifying incorrect information on controversial topics that have been misrepresented either intentionally of unintentionally. Such is the case with the Abusive Driver Bill that was part of the bipartisan 2007 Transportation Compromise.
Recent press accounts, like letters and editorial opinion recently published in this paper, have suggested that the Abusive Driver law will result in huge fines on drivers who make occasional driver errors. This is utterly false. For the record, there is no such thing as a “$3000 traffic ticket” for failure to give a proper turn signal, driving too fast for conditions, or other relatively “minor” highway offenses. In fact this falsehood is part of a blog-based misinformation campaign to distort the facts.
One false example suggests that a driver caught doing 20 mph over the limit would face a $1000 fine, and after court cost could be out $1500 if not much more. This is dead wrong.
In fairness to those who are simply misinformed, as opposed to fostering falsehoods, the Supreme Court of Virginia may have added to the “$3000 ticket scare” in a document they prepared as a “general explanation” of the bill. That document, says a felony conviction will result in “two additional payments of $1,000 each due to DMV, one within 14 months of conviction and the second within 26 months of conviction.” Adding to the confusion, at the end of the document, there is a chart listing a variety of felonies, including failure to give proper signal, driving too fast for conditions and speeding 20 mph or more above speed limit.
What the Supreme Court failed to mention are the actual parameters for a “reckless driving” conviction under the “abuser” bill require more than one condition be met. Specifically, that “Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.” (§ 46.2-868 of the Virginia Code)
In plain English that means to be assessed the “abuser fee” for reckless speeding, the offender not only must be convicted of doing 20 mph over the 55 speed limit, but also must be driving without a valid operator’s license due to a suspension or revocation for a prior moving violation, plus (and this is a key point) the reckless speeding he is charged with must be the sole and proximate result of the death of another person. In other words, you’re not speaking here of a driver simply going too fast, but one who is also driving on a suspended license and killed someone in the process. My bet is most folks agree that this kind of driver should be assessed heavily, even those General Assembly members who voted against the Compromise Transportation package in 2007, but supported a stand-alone abuser fee bill in the 2006 Special Session.
So as you can see, simply going too fast alone is not going to get anybody a $3000 ticket. In reality, the “abuser” law will punish “abusive” drivers who are out there killing innocent people as a result of their complete disregard for safety on our highways. In reality, only those with serious criminal road-related convictions or who accumulate a massive amount of demerit points are subject to the fees. Since every driver starts with 0 demerits for abuser fee purposes on July 1, 2007 (and some at -5 after taking a driver safety course), those who obey the laws or have an occasional traffic infraction will pay zero. The abuser fees are targeted at chronic and dangerous drivers. The Kaine Administration estimates that about 2.5% of Virginians will actually have to pay them. Despite that low number, these bad drivers are estimated to be responsible for more than 25% of all congestion on Virginia roadways.
So to set the record straight, the abusive driver fees were part of a larger transportation agreement that passed the General Assembly and was signed by the Governor including, a robust $3 billion bonding package, land-use reform to better empower localities to deal with growth and VDOT reform to make them more efficient. Was this bill perfect? No compromise is. But the time to deal with transportation was long over due. The bottom line is if you are a safe driver with only minor infractions, you have nothing to fear from this law. But real abusers — those who have a chronic record of dangerous driving or who have taken the lives of others — will and should pay for their reckless behavior.
The legitimate concern we should be talking about is that we’ve managed to force all traffic fines to be directed to the state Literacy Fund which finances school construction, requiring a somewhat ham-handed mechanism to collect penalties for abusive drivers which those holding driver’s licenses from other states and countries can avoid. It’s politically unrealistic to think that we’re going to eliminate this dedicated funding stream for education in order to fix the structural problem which caused this mess in the first place. Until we do, however, there’s no good way to direct any kind of traffic fines to support transportation improvements.
The opinions expressed here are solely the views of the author, and not representative of the position of any organization, political party, doughnut shop, knitting guild, or waste recycling facility, but may be correctly attributed to the Vast Right-Wing Conspiracy. If anything in the above article has offended you, please click here to receive an immediate apology.
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Well, that may explain the fees, but it doesn’t explain the logic of having it only apply to VIRGINIA residents…and what about illegal aliens who are not legal Virginia residents?
Also, if it is applied so selectively, how can it raise the money it claims? Ok, so it is a “tax” on the a select few abusive drivers, now where’s the beef?
What about the real abusers who happen to be illegal aliens?
This is SO embarrassing….
He obviously hasn’t read the legislation because his analysis is WRONG.
“2. Reckless driving in violation of Article 7 (§ 46.2-852 et seq.) of Chapter 8 or aggressive driving in violation of § 46.2-868.1 shall be assessed a fee to be paid in three annual payments of $ 350 each;” VIRGINIA CODE 46.2-206.1(C)
Driving 20 over the limit or over 80 is reckless driving. VIRGINIA CODE 46.2-862. Reckless driving without killing anyone is a class 1 misdemeanor, which means it is punishable by up to a $2,500 fine. VIRGINIA CODE 18.2-11.
And $2,500 + $350 + $350 + $350 = $3,550. Plus court costs.
Anon 8:57, what you don’t understand is $2,500 is the maximum fine allowed by law for doing 20 mph over the posted speed limit (not what’s typically meted out) that a judge can levy for reckless driving under EXISTING law – something that was not changed by the enactment of the bipartisan Abuser Fee legislation.
The overwhelming majority of offenses subject to abuser fees are felonies or misdemeanors involving the consumption of alcohol or illegal drugs while driving, reckless driving, vehicular homicide, and driving after being declared an habitual offender or driving on a revoked license.
Unless you commit a crime on the highway of the level that is punishable by jail time, or if you rack up a bunch of points (the equivalent of four major tickets in one year) you will NOT pay anything. In fact, the overwhelming majority of Virginia’s drivers – more than 97% – will NOT have to pay higher fees.
There is no such thing as a $3,000 traffic ticket because of the abuser fee legislation. Virginia drivers will not be subjected to these fees for failure to use a proper turn signal, roll through a stop sign, or other “minor” offenses – unless they’re driving drunk, with a suspended license or kill someone.
I hope you could agree that if you did that, a hefty fee would be appropriate, plus some jail time.
One thing I just noticed was that the fee for the registration stickers for my son’s care went from $31.50 to $41.50. But I also hear that the regional transportation authority hasn’t even voted on the new higher fees. Who authorized DMV to raise the registration fee?
Ted,
it was likely your Republican lead delegation and spearheaded by the “NO TAX” “pledgers” amoung them who were boxed in a corner because of their lack of ability to solicit transportation funds elsewhere.
A point of clarification and a question:
1) All criminal fines and forfeitures collected by the Commonwealth go to the literary fund pursuant to a provision of the Virginia constitution that can only be modified after passage of a resolution in two sessions of the General Assembly and a majority vote of the people in a referendum. The constitution was amended several years ago to create an exception for forfeitures, allowing some to be used to fund law enforcement.
2) People are outraged by $1,000 civil penalties imposed on abusive drivers for misdemeanors and serious traffic infractions. These penalties are unfair and equate to punishment excessive for the offense say some. Guess that these folks don’t feel like these penalties amount to “amnesty” for abusive drivers who make our roads unsafe to drive on and cause accidents that tie up traffic for hours at a time.
When a non-legislative body is empowered by government to implement taxes and fee’s (more taxes) it is time for American’s to get their head out of the sand! The unconstitutionality of an appointed “governing” body to lead this effort is appalling.
Isn’t it logical to have renegotiated our “fair share” with Richmond before we penalized the hardworking citizens of Northern VA and to support toll roads so everyone who uses the roads shares in the expense?
The amount of funds that come back to the county and region still fails to constitute what many consider our “fair share,” so wouldn’t PWC have been better off removing ourselves from this abomination called the Northern Virginia Transportation Authority, implement a local sales tax that keeps all the funds in the county and is fully-100% dedicated to our own transportation?
Our BOCS has missed the mark on transporation. They voted against toll roads, then voted in support of an unconstitutional governing body to impose taxes!
OPDITCH,
You are correct. I spoke with my state delegate and he said this fee increase was part of the statewide transportation bill.
Also, apparently the northern Virgina regional transportation authority ( you know, the unelected bureaucrats who will have the authority to determine fees without being accountable) passed their “bill” last night.
One of the provisions is a 40 cent per $100 of value “fee” that will be added to ALL real estate transactions whether it is commerical, raw land, or personal residence. So if you go to sell a $500,000 house, there’s an extra $2000 out of somebody’s pocket that goes to this authority.
A challenge to this authority’s authority is being filed this week.
“unelected bureaucrats”, wait, am I missing something? Isn’t the Northern Virginia Regional Transportation Authority the thing that Marty Nohe is on? Also the Mayor or some elected official from Manassas? They aren’t elected to the “authority”, but they are elected aren’t they? Or do I have the wrong organization?
NVTA Members:
Voting Memebers:
Hon. Christopher Zimmerman, NVTA Chairman; Arlington County
Hon. Martin Nohe , NVTA Vice Chairman; Prince William County
Hon. William D. Euille, City of Alexandria
Hon. Robert F. Lederer, City of Fairfax
Hon. Gerald E. Connolly, Fairfax County
Hon. David F. Snyder, City of Falls Church
Hon. Scott K. York, Loudoun County
Hon. Harry J. “Hal” Parrish, II, City of Manassas
Hon. Bryan Polk , City of Manassas Park
Hon. Jeannemarie Devolites Davis , Virginia Senate
Hon. Vincent F. Callahan, Jr., Virginia House of Delegates
Hon. Jeff Frederick, Virginia House of Delegates
Margaret E. G. Vanderhye, Governor’s Appointee
Julia A. “Judy” Connally, Governor’s Appointee, CTB Member
OPDITCH,
Touche on the membership of the authority, sometimes the keyboard is quicker than the brain.
Nevertheless, this body apparently has the authority to raise revenue, and lots of it by imposing fees, taxes, or whatever you want to call it, whereever and whenever it wants.
If you could, please tell me where in the Constitution of the Commonwealth of Virginia un-elected, regional bureaucracies are authorized to tax the people?
Not being argumentative, I would just like to know.
If you can show me, I will buy you the adult beverage of your choice.
Wasn’t this country founded on a revolt in a 2% tax hike? How is it that I can see Gorver Norquist and ALL his ilk cheering this on saying that taxes were not raised.
And to Delegate Scott Lingamfelter I say, here is a simple law you can pass: If you are a repeat offender and someone dies because of your abusive driving, you will be up for a minimum of Involuntary Manslaughter.
When in Ling’s OWN WORDS the Supremes of VA screwed up understanding the legislation, how can the common man make sense of it. In the future, Scott, keep things simple - you kill someone, you go to jail (minus self-defense). You kill MULTIPLE times, death penalty.
There is a petition against these driver fees here:
http://www.petitiononline.com/va3202/petition.html
Go here to sign the petition to repeal this unconstitutional law: http://www.petitiononline.com/va3202/petition.html
60,000 people have signed it already.
Thank you for letting me comment on the NVTA section of the Abuser Fee Law, HB 3202 which I opposed. I acknowledge that everyone here is trying to help fix our traffic problems for our citizens. And I thank you for your concern.
The Virginia Supreme Court has stated, “Sections 2 and 7 of Article VII, when read together, limit the power of the General Assembly … Section 7 of Article VII establishes the procedures that must be followed in setting taxes at the local level. The use of any other procedures, even if sanctioned by the General Assembly, would be violative of the Constitution.” (Wright v. Norfolk Electoral Board, 223 VA 149, 1991).
And what does Article VII, Section 7 state? “No ordinance or resolution … imposing taxes, or authorizing the borrowing of money shall be passed except by a recorded affirmative vote of a majority of all members elected to the governing body.”
HB 3202 provides for the imposition of a so-called local tax by an unelected regional authority which violates the clear words of the Virginia Constitution and decisions of the Virginia Supreme Court.
Furthermore, the NVTA is not a “governing body,” Virginia Code Section 15.2-6400 states, “‘Governing bodies’ means the boards of supervisors of counties and the councils of cities and towns which are members of an authority. ‘Member localities’ means the counties, cities, and towns, or combination thereof, which are members of an authority.” The NVTA is not comprised of constitutional governing bodies and therefore the NVTA cannot impose taxes.
The NVTA is a regional authority and not a popularly elected regional government. NVTA could have powers of taxation if the General Assembly passed a law to that effect, and a voter referenda were held, and a majority of voters in each participating jurisdiction approved the establishment of the NVTA as a regional government at a general election. But the NVTA was not established in this manner. (“Every law providing for the organization of a regional
government shall, in addition to any other requirements imposed by the General Assembly,
require the approval of the organization of the regional government by a majority vote of the
qualified voters voting thereon in each county and city which is to participate in the regional
government and of the voters voting thereon in a part of a county or city where only the part is
to participate.” [Virginia Constitution, Article VII, Sect. 2, para.3]
It is true that the Virginia Code provides that localities may establish tax districts within a jurisdiction, or even multi jurisdiction taxing authorities such as the Rt. 28 Transportation Tax district between Fairfax and Loudoun Counties. But in each case this requires a recorded majority vote of the entire governing body of the participating localities, not just a single representative from six of nine jurisdictions to implement taxes.
At present, the NVTA is not a governing body of anything. It wasn’t elected by anyone. And to whom is it responsible? HB 3202 grants the NVTA authority to approve unsolicited, non-competitive multi-million dollar sole source bid contracts. Yet, NVTA seeks additional powers including:
• More taxing authority [“Chair Nohe stated the concerns of some Authority members about the expense of the short and long term plans. There may be an additional funding stream to get through the next General Assembly session.” page 24, NVTA Public Outreach Working Group, Minutes, May 24, 2007 Meeting];
• Eminent domain power to condemn private homes, businesses and land;
• Permission to increase on-call consultant fees from $200,000 to $1,000,000;
• Authority for utility relocation.
Your “no” vote today will preserve the integrity of constitutional government and still ensure help for motorists and commuters.
First of all, the General Assembly has increased state Transportation spending from $6.2 Billion just four years ago to $9.4 Billion in this budget; we passed a law which allows Fairfax, Prince William and Loudoun to build inter-jurisdictional roads such as the Tri County Connector as a toll road; we passed a 2007 law which authorizes VDOT to construct new Interstate access toll roads.
Secondly, the 2010 Census will put the majority of General Assembly Voting Power in the urban areas of Northern Virginia and Tidewater, so we will finally have the votes to change the funding formula to benefit our citizens.
Third, The General Assembly can:
Pass my Lock Box Transportation Constitutional Amendment banning shifting of road and rail taxes to general fund use which Governor Kaine supports.
Implement the Wilder Efficiency Commission recommendations which found that $750 Million per year could be saved, and then spend it to help motorists and commuters. (Governor Warner and his Agency heads declined to provide the House of Delegates requested information regarding the implementation of the Wilder recommendations, see HR 12, passed March 1, 2004 and HR 13, March 1, 2004.)
Examine transportation revenue sources based on miles driven in Virginia by residents and non-residents because gas tax revenues decrease as motorists buy electric, alternate fuel, or more mileage efficient vehicles.
Fixing traffic problems is a laudable goal which we all share, but so is the preservation of Constitutional government established by direct vote of the citizens of Virginia. They both can be achieved, but not if NVTA members vote “yes” today to procedures rejected by the people of Virginia and their Supreme Court.
Tell the General Assembly to pass a law without these problems. Thank you.
Delegate Bob Marshall (13th District, Prince William and Loudoun) July 12, 2007
Mr. Marshall,
I saw on another blog that you voted for the abuser fee law in that transportation Special Session in 2006? Is that true, because if so, you don’t have much cause to belly ache about it now aside from your dislike of the NVTA…
There are (at least) two problems here. The reason we have this jury-rigged regional tax plan is that a lot of vocal “no tax” guys in Richmond suddenly lost their nerve and decided that the voters would treat them harshly in November for their inability to govern. The irony is that they came up with a program that hides the revenue sources here and there and tries to fob off the responsibility for their execution to regional boards. They all patted themselves on the back for a slick CYA action in time for November, but now are beginning to feel hear for a system that virtually all of them opposed in slightly different form in the HR/NoVA tax referendum a few years ago. Because there is no real philosophy at work with these guys other than getting and keeping office, I wouldn’t be surprised if they campaign in the fall AGAINST the fines and the regional authorities that they helped create.
A second obvious problem is that the super-fines are revenue raising measures. There ought to be a hard and fast aversion, at least among conservatives, against using the criminal justice system as a revenue raiser. But it was politically slick because it avoided hard choices about gas taxes or other tax increases. I don’t care how much money you need. Face the voters head on and make your best case for revenues. But don’t try to con us into not noticing that you pervert the criminal justice system when it becomes the way to avoid talking straight to the voters.
Info on the petition calling for the special session to be held by September 30 (before the November elections) to repeal House Bill 3202 and the ‘bad driver fees’.
sorry for the long post:
————————-
The online petition that is calling not only for the complete repeal of the new ‘abusive driver’ fees (aka Civil Remedial fees), but also for the Virginia Legislature to convene a special session by September 30, 2007 to repeal HB 3202 and the fees is located at:
http://www.Ipetitions.com/petition/VAtrafficfees/
The citizens of Virginia do not want to wait until the regular session of legislature in January 2008 for politicians to ‘review’ the fees. We want them to call a special session before the November elections and completely repeal HB 3202 that enacted these fees.
Gov. Tim Kaine has already said he will not call a special session, so the citizens of Virginia are asking the Senators and Delegates to call the special session.
You can use the above link, or go to:
www.Ipetitions.com search “VAtraffic”
_______________________________________
_______________________________________
_______________________________________
Why should HB 3202 be repealed?
In reality, you can get a ticket, pay the fine, pay the new fee for three years, AND also end up paying a per point penalty for 3 years for the points on your record caused by the ticket. This exceeds double jeopardy.
Failure or inability to pay will cause suspension of your driver’s license.
This can impact someone’s ability to find or keep a job, and for people with security clearances, this could cause revocation of their clearances and prevent others from being eligible for security clearance.
The suspension stays on your record for 7 years, increasing your insurances costs and in some cases, even affecting your eligibility to obtain loans, mortgages and other financing.
The potential domino effect could be catastrophic for thousands of hard working citizens of Virginia. Young people starting their careers, college students, low and modest income families, and citizens on fixed incomes face potential economic devastation and ruin: for traffic violations.
The punishment certainly seems to exceed any measure of ‘reasonable’.
Politicians only starting using the words, abusive driver fees, making roads safer from ‘dangerous drivers’, dui’s, criminals etc., AFTER the public began their outcry.
When you read the actual legislation, it shows it’s sole purpose is to raise revenue. Not a mention of safer roads.
There are already heavy financial penalties in place for DUI’s, and the like, they are called FINES, COURT COSTS, JAIL TIME, ATTORNEY FEES etc. Civil punishments are already on the books and in place to deal with traffic violations. Again - they are called fines and jail time. Are the politicians now trying to say that they don’t believe the police and the court systems are doing a good enough job at identifying and dealing with ‘dangerous’ drivers?
The courts and judges have no jurisdiction over the new CRF’s, they cannot waive or modify the fees for any reason, and the money goes directly into a state fund administered by the legislature. The legislators can change the purpose that the funds are used for at any time they like (remember the lottery money).
Local jurisdictions will bear the increased costs of running the courts as they are flooded by drivers flocking to court to avoid these new fees.
HB 3202 Co-sponsor Dave Albo is only a part time legislator, he is a full time lawyer, and a named partner in the law firm that specializes in traffic tickets - so he (and his partners) profits whether he personally ever steps into the court room or not.
Here is another petition.
http://www.petitiononline.com/va3202/petition.html
Great blogs, I learn so much about what is going on. I do not understand that why people wants to sue this kind of services to our local citizens, I will help to raise legal defence fund via my friends and customers.
The Civil Remedial Fees (CRF) apply not only to “abusive drivers” but to each and every Virginia driver who commits even the tiniest offense or has a citable vehicle safety problem. Fees range up beyond $1,000 to $3,000 for felony offenses. However, the fees are not just for “abusive drivers” but any Virginia driver who makes a goof or error leading to the smallest misdemeanor violation. The new paragraph 4 of § 46.2-206.1 (C). says (in part…paragraphs 1 through 3 omitted):
“4. Any other misdemeanor conviction for a driving and/or motor vehicle related violation of Title 18.2 or this title that is not included in one of the preceding three subdivisions shall be assessed a fee to be paid in three annual payments of $300 each;”.
Failing to signal properly costs $900, as does not wearing a seat belt or any other minor driver goof, even defective tires or inoperable lights, per paragraph 4.
Kaine, Howell, and the members of the Legislature who voted for this monster law are mendaciously engaged in panic spin control, using the propaganda tactic of misleading the public by using a negative term, “abusive driver”, when the new civil remedial fees really apply to ANY Virginia driver who makes a mistake, however small.
And don’t forget, in many situations, especially accidents, there can be multiple violations cited and EACH ONE is subject to its own CRF! At $900 minimum each, even a few misdemeanors can rocket up to thousands of dollars in fees. One accident could put one’s economic future, credit rating, and security clearance at risk!
The fees are a disguised, discriminatory, regressive tax which will have a gigantic impact on the young, poor and elderly of Virginia.
Voters should remember the deception involved and, in the election coming up, throw the rascals out, Republican or Democrat, who voted for or supported it, most of whom are now misleading the public in a rush to cover their posteriors. And that includes Delegate Scott Lingamfelter whose “good attempt to set the record straight” is instead an effort to stay in office by engaging in negative propaganda painting essentially all Virginia drivers who get any violation as “abusive drivers”.
Rest assured Senator Davis will not get my vote in the primary or general election and I will campaign against her relentlessly unless she and the others involved call a special session and erase the CRF section of the law. Those in Delegate Scott Lingamfelter’s or Delegate Albo’s districts might consiger similar actions to convince them to mend their ways.
For those of us that oppose these new fees, it is important that we not become passive with time and forget the issue by election time. It is also important that we put aside our party affiliation at election time and remember to vote against those that support this aspect of the bill or who do noting to rescind it. We must do everything we can to defeat Rust (Fairfax) and Albo mentioned above. Any delegate who contends that his is a safety issue, as Albo does, is a flat liar, Remember, the 65M dollars projected to be raised by these fees have already been budgeted. That means the money must come in, and law enforcement will be under heavy pressure to meet quotas. Police as revenue agents, just what we need in Virginia. One last thing, if Virginia’s politicians will do this to their citizens, they will do anything!
One more last thing. The fee they will impose on house sales is not on the profit. If one bought a house two years ago for 400 thousand and sells it next year for 500 thousand, the fee is on the entire 500 thousand. My gosh, they have come up with retroactive fees!
Delegate Rust hasn’t answered an e-mail I sent him last week concerning this matter. If I don’t get an answer he’s out two votes that he’s enjoyed in the past.
This thread has been an interesting read. I’m having a hard time getting around the regional transportation authorities legitimacy or lack thereof.
Both the “Civil Remedial Fees” and the NVTA taxes appear to be nothing more than a sneaky grab for our hard earned money. RAISE THE GAS TAX! Everyone gets to pay their fair share that way both in state drivers and out of state that purchase fuel in VA. It’s a no brainer.
Vote these bums out and disband the NVTA!
I have a strong hunch that if corrective action on this bill is delayed until next Spring then we shall have many new representatives voting on the measure. We do have elections coming up. I suspect the theme will be “Throw The Bums Out”. Its time we sent a message to Richmond as well as Washington that they should listen to the voices of the people. Government is no different than an individual when it comes to responsible financial management. If you don’t have the money, don’t spend it!