Archive for November, 2007

UVA Researchers Take Issue with the “Civil Remedial Fees”

November 5, 2007

Researchers at the University of Virginia have criticized the “abuser fees” in HB3202 as poor public policy for combining revenue generation with deterrence of poor driving habits. This was one of my points in the petition and their research lends additional credibility to it.

VOTE tomorrow (Nov. 6) and vote against this legislation.

University of Virginia Researchers Take Issue with State’s Abusive Driver Fees
in UVA Today.

Full Article: Virginia Abusive Driver Fees: An Abuse of Fines by John L. Knapp and W. Grace Ng (in Virginia Issues and Answers, Fall 2007)

The Fundamental Problems with the “Abuser Fees”

November 5, 2007

The fundamental problems with the Civil Remedial Fees are the way Virginia defines “reckless driving” and the way HB 3202 defines “habitual offenders”.

In VA, anything over 20 mph above the speed limit or above 80 mph (so only 15 over in a 65 zone) is considered reckless driving, and will result in an extra $1050 fine because of the new fees. The only way to avoid the fees is if the judge is willing to reduce the charge from reckless driving to speeding, but this is entirely dependent on the judge and there is no guarantee that this will happen just because a driver has a clean record. There are cases where 20 mph over or 80 mph are reckless, but this is certainly not true in EVERY case and it shows that the lawmakers in Richmond have bought into the “slower equals safer” fallacy. Slow driving can be just as dangerous as fast driving, and statistics show that fatalities and accidents decrease when speed limits are raised.

In addition there is a provision in the “civil remedial fees” that creates additional penalties for anyone who has over 8 points on their license: $100 a year fine for having 8 points and an additional $75 for each point. Points for some offenses stay on a driver’s license for 11 years and some offenses (such as “reckless driving”, which is Virginia’s false moniker for “speeding”) are 6 points. So, for example, if a driver receives a ticket for going 81 in a 65, then get the same ticket 10 YEARS LATER, here’s what would happen:

1st offense: $200 base fee plus $1050 abuser fee plus 6 points= $1250
2nd offense: $200 base fee plus $1050 abuser fee plus 6 points= $1250
Points fee: $100+ 75×4 (for each point over 8)= $400
Total for two offenses= $2900

So, Virginia’s definition of “habitual offender” is as few as two offenses in 11 years. These are not dangerous drivers and not the people who should be subject to stringent penalties.

Remember to vote on November 6, and vote against anyone who supports the “Civil Remedial Fees.”