New Virginia Laws – Abusive Driver Fees

I received a newsletter from the state Senator from my district, Jeannemarie Devolites Davis. This newsletter discusses several of the new laws that became effective July 1, 2007. A considerable amount time is taken to discuss the new abusive driver fees. Virginia made national news for this one. Fees up to several thousand dollars can be assessed on anyone that has been convicted of reckless driving after July 1, 2007. When discussing this law lawmakers give as examples driving while intoxicated, vehicular manslaughter, eluding the police, passing a stopped school bus and street racing. Here’s the thing, in Virginia driving 20 miles per hour above the speed limit or above 80 no matter what the speed limit is (even 65) is defined as reckless driving by law. On I-95 for instance there are many times when the flow of traffic is above 80 miles per hour so this is easy to get a ticket for reckless driving if you are simply going with the flow (of course, that’s no excuse). Here’s the kicker: the fees only apply to Virginia residents. This is because the fines for traffic violations actually go to support the schools and our governor and the House of Delegates want to raise money for transportation. So they created a new fee that would support transportation spending. And because these fees are “civil remedial fees” they can’t be levied against out-of-state drivers because it would be against the state constitution. So instead of changing the law to help with transportation they create a convoluted one that isn’t fair to the state’s residents themselves.

I have neither seen nor heard of any studies done as to the percentage of reckless driving convictions are from in-state versus out-of-state drivers. In fact, the only justification that I have heard for this new law is that these people are criminals and this will curb that behavior. So if we really want this behavior curbed, wouldn’t that negatively impact the transportation budget? Furthermore, aren’t we essentially giving out-of-state drivers a free ride in Virginia where “it’s a privilege to drive”?

Devolites Davis says in her newsletter that “the Senate NEVER included the abuser fees in any of our transportation bills” and that “[t]his compromise was reached to avoid levying an increase in the gasoline tax, which the House was not willing to consider.” The gasoline tax has been a hot button with the increased price of gasoline so I understand part of that statement. What I don’t understand is how the House of Delegates gets to dictate to the Senate what it will not consider. According to my understanding, the state legislature works similar to the national lawmaking body. It was my understanding that bills passed in the House go to the Senate to be passed and if passed then to the President/governor to be signed or vetoed. Apparently I need to better understand, what happens in Virginia. I also need to look to see who in the Senate voted for this thing.

I should also mention that someone who has not been convicted of reckless driving can also be subject to the abusive driver fees if they have -8 demerit points. These fees would be paid annually while they have -8 demerit points. How many years would depend on the types of violations as a result of which the demerits were assigned. Granted anyone with -8 demerit points is definitely a habitual bad driver but according to the newsletter it is only 2.5 percent of Virginia drivers that have -8 or worse. How much money can expect to be raised from such a seemingly small population?

This plan seems like an absolutely unreasonable way to raise money for the transportation budget. In addition, if these abusive driving behaviors are curbed then the result will be an empty transportation budget and out-of-state drivers continuing abusive driving behaviors. It has caused a huge backlash where several local judges have ruled the fees unconstitutional. There’s an online petition as well: http://www.petitiononline.com/va3202

I have taken too much time discussing this law that I have neglected the others. Look for another blog post coming soon.

Possibly Related Posts:

• February 12, 2008 -- Voted
• February 11, 2008 -- DC, Maryland & Virginia: Vote!
• May 4, 2007 -- Maryland and Virginia Drivers to Pay a Toll to Enter DC?