Archive for August, 2007

Money and Speed: the real issues behind the Civil Remedial fees.

August 30, 2007

When the government needs a new project, their first reaction is always “how can we get more money from the citizens?”  It seems that lawmakers never consider the possibility of working within the budget and revenue streams that currently exist, or the possibility of increased efficiency and/or fiscal responsibility.  For example, take this:

$500,000 becomes $77 million for state

West Virginia saved $77 million in one year by “common sense” recommendations.  Now, there is no guarantee that VA could save that much, but VA has a larger population and a larger, more active government than WVA.  So, it is entirely possible that the $65 million expected to be raised by the “civil remedial fees” could be recovered through more efficient use of existing revenue.   I think the Commonwealth owes it to the citizens (read: taxpayers) to find out before hitting us with asinine fees for minor traffic violations.

The second issue behind the fees is speed.  In Virginia, going 20 mph over the speed limit or going over 80 mph (which is only 15 over in a 65 mph zone) is considered reckless driving.  This is absurd.  Certainly there are situations where going this fast is reckless, but the majority of the time, it is not.  First, people travel at those speeds all the time- if it was truly reckless, there would be hundreds of deadly accidents a day.  But there aren’t.  Slower doesn’t necessarily mean safer and speed isn’t inherently dangerous.  This is a misconception that has been spread by  money-hungry lawmakers and ill-informed traffic safety advocates.  In fact, evidence shows that accidents go DOWN when speed limits are raised.

Second, speed limits haven’t been raised since then 1950’s and have not kept pace with the improved technology in automobiles.   At the time the 65 mph limit was established, most cars were not capable of going at speeds much faster than that.  We didn’t have radial tires or anti-lock brakes or vehicle stability assist or any of the other features that makes today’s vehicles safer and more capable of higher speeds than their predecessors.

Finally, and most importantly, most people do not obey posted speed limits.  We all have anecdotal evidence of this, but radio host Tom DeSabla has made a video to prove it (View the video) .  When the overwhelming majortiy of motorists disobey the speed limit, the problem is with the speed limit and not with the motorists.  If our speed limits were set appropriately, then David Albo’s claim that the civil remedial fees only effect the most dangerous drivers would be correct and there would be significantly less outrage over the bill.  Instead, the majority of us could be targeted by these fees, and the majority of us are not dangerous drivers.

AAA embraces Civil Remedial Fees

August 30, 2007

The AAA has reversed their previous opinion and embraced the civil remedial fees:

http://www.thenewspaper.com/news/19/1939.asp

They are being duped and do not understand that this law is about revenue and not about safety. I’m surprised that AAA is ignorant enough to confuse slower with safer.  Here’s a thought: boycott AAA.   Roadside assistance is available through most insurance companies and even vehicle manufacturers. With Google maps and GPS systems, their map services and trip planning are obsolete.  Refrain from using AAA products and services until they change their opinion on this.

Del. Moran’s response to the GOP’s press conference

August 23, 2007

Delegate Brian Moran agrees that the Republicans’ proposed changes to the civil remedial fees do not go far enough. Here is a press release from his office:

House Democratic Caucus Chairman Brian J. Moran

Leadership for Virginia’s Future

For Immediate Release

Thursday, August 23

Contact: Jesse F. Ferguson, 703.966.2689

STATEMENT ON GOP ABUSIVE DRIVER TAX REVISIONS

~end it, don’t mend it~

House Democratic Caucus Chairman Brian J. Moran made the following statement in response to today’s GOP Abusive Driver Tax revision proposal. Delegate Moran has consistently opposed stand-alone version of the abusive driver fees in the House Transportation committee and on the floor of the House. He is the author of Virginia’s felony DUI law and a former long-time prosecutor.
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GOP planning to overall Civil Remedial Fees

August 23, 2007

Virginia Republicans are feeling the pressure on this issue and are holding a news conference today at 10:30 to announce changes to the fees.

More details cann be found in this Washington Post article.

The good news is that the General Assembly is being responsive to the people. The bad news is that they are extending the fees to MD and DC drivers and making it harder for a driver to lose their license, but they are not repealing the fees. I will withhold final judgement until they release more details, but it seems like the GOP isn’t going far enough.  The petition demands “immediate repeal” of the fees, and extending a bad policy to more people is not a viable solution.

Another victim of the “civil remedial fees.”

August 17, 2007

According to this Washington Post article, the latest victim of the “civil remedial fees” is Jessica Hodges, a pregnant woman rushing to the hospital due to labor pains.

So far, the Commonwealth has nailed a retired Navy veteran with a clean record, a single mother of three, an octogenarian who hasn’t had a ticket in 60 years, and now a pregnant woman in labor.   These are the so-called “habitual offenders” targeted by these fees.

Civil Remedial Fees upheld by court

August 17, 2007

A higher court overturned a previous ruling that the fees are unconstitutional-

Washington Times article

This is a setback, however a minor one. More appeals are still possible, and the legal grounds on which this decision was made are not 100% solid.

And if these challenges fail in the courts, there is still the legislative process for repeal.

TMG to hold conference on HB3202 on Tuesday, 8/14 in Richmond

August 13, 2007

The meeting will be held at 10 am in House Room 1 in the Virginia Capitol Building. It will be followed by a news conference and is open to all. Please RSVP to TMGCoalition@aol.com by Monday August 13 to attend.

Details are here: (more…)

A different kind of lawsuit…

August 9, 2007

A coalition including the Virginia Club for Growth and the National Taxpayers Union has filed a lawsuit to declare the ENTIRE House Bill 3202 unconstitutional. Aside from the well-documented problems with the Civil Remedial Fees, the lawsuit alleges that the regional tax authorities established by the bill are not legitimate and that the bill places an undue burden on land developers in the form of taxes.

Read More at the Virginian Pilot Online.

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More challenges to the Civil Remedial fees: STAY FOCUSED!

August 8, 2007

Today’s Washington Times reports that a Navy veteran with a clean driving record who received a ticket for 75 mph in a 55 zone is challenging the tickets on constitutional grounds because they do not apply equally to all drivers. In addition, I’ve heard rumors that Del. David Albo (the bill’s sponsor) has sent a letter to his constituents saying he supports changes to the civil remedial fees that would extend them to ALL drivers.  I am working on getting the full text of this letter.

This is NOT the point of the opposition to the bill. It is problematic that the General Assembly found it acceptable to punish their own constituents more harshly than non-Virginia residents, but expanding a bad policy to more people is NOT the answer and NOT what the people of Virginia want.

Do NOT vote for Albo or any other candidate who does not support COMPLETE REPEAL of Civil Remedial Fees.

Comments on the Washington Post article

August 8, 2007

While Tim Craig of the Washington Post has done a great job of covering the Civil Remedial Fees issue, but he did make some mistakes in this Washington Post article that I need to address:

  1.  I’m a software tester/QA analyst, not a computer programmer (although the computer geek part isn’t entirely inaccurate).
  2. I never said I’m a Democrat- I said I no longer vote strictly Republican and I want to change my registration to Independent.
  3. I didn’t promote the petition through my own blog- I didn’t even have a blog when I started the petition.  It was promoted through blogs like Raising Kaine, Not Larry Sabato, Albo Must Go and others.   I don’t want to take credit for other people’s work and assistance.