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Second look at abusive driver fees raises questions
Second look at abusive driver fees raises questionsBy Holly Hobbs
Times-Democrat Staff Writer
It took the approval of one bill — on Civil Remedial Fees, also known as abusive driver fees — to ignite a firestorm of fury against Virginia legislators.
Although many of the state's lawmakers are now agreeing to repeal the fees, their talks have raised questions for the General Assembly to answer.
Will drivers who were fined get their money back? Will the repeal happen immediately? Where will the transportation money come from?
“This is exactly what the General Assembly will decide,” said Gordon Hickey, a spokesman for Gov. Tim Kaine (D). He said these questions were tough ones to answer, and the governor — just like his fellow Virginians — will have to wait to see how the General Assembly responds.
The abusive driver fees were approved during the 2007 session. The fees applied more than three times the ticket value to Virginia drivers who committed reckless and other driving offenses.
For some offenses, such as operating a vehicle with below-standard tires, the abusive driver fees equal $900 to be paid over three years, plus the ticket fine for the offense.
The fees started being assessed on Virginia drivers last July 1.
Around that time, hundreds of thousands of Virginians signed petitions asking for Gov. Kaine to call a special session of the General Assembly to reconsider the fees.
Other Virginians appealed to state and federal courts, saying the fees were unconstitutional because they applied only to Virginia drivers.
Less than a month into this year’s legislative session, more than a dozen bills already have been filed to repeal the fees. Many of the bills were filed by those who once supported the fees.
One such legislator is Delegate C. Chuck Caputo (D-Dulles), who said the bill should be repealed and drivers paid back with interest.
“I’ve had tremendous constituent response against this bill,” he said, which is the reason Caputo is sponsoring his own legislation repealing the abusive driver fees and refunding drivers who have paid fees.
But other legislators, like fellow Delegate Tom Rust (R- Sterling), argue that the fees need clarification, not condemnation. He said the definition should not include minor offenses like driving on tires without enough tread.
That’s not enough for other legislators like Delegate Robert Marshall (R-south-central Loudoun), who, in addition to filing his own bills against the fees, has filed a lawsuit against the commonwealth because of them.
“I opposed this [bill] three times,” he said. “You don’t turn police into tax collectors. This is a sly way to collect money.”
About half of the proposed bills to repeal the fees say the answer is to refund those charged with them.
Marshall’s bill is not one of those.
“If you do anything but take them off the books, you’re decreasing the chances of it getting passed,” he said, adding that if the fees are repealed, a second bill or amendment to the budget would be needed to remove the fees and refund drivers.
Marshall is offering an alternative to repealing the fees, just in case his bill or another one repealing the fees isn’t approved.
“My Plan B is you can either pay the Civil Remedial Fees or you can get a 'governor' put on your car,” he said. Devices called governors regulate drivers' speed or prohibit some drivers from driving after consuming alcohol.
Governors already are used in the cars of some Virginians, who have been charged with multiple DUIs.
Marshall’s Plan B, however, might not be needed.
The key endorser of the abusive driver fees — Gov. Kaine — used the State of the Commonwealth Address Jan. 9 to say he was wrong about them.
“The abusive driver fees will not produce the revenue we hoped,” he said, adding that this was one of two reasons to repeal the fees.
The governor had hoped to raise $65 million with the fees between July 2007 and July 2008. The state has failed to generate this money, Kaine said, adding that transportation funding will have to come from somewhere else. The question of transportation funding will be put to legislators during this year's session.
Kaine also said he hoped the fees would decrease the number of accidents and driving-related fatalities, which the legislation also has failed to do.
“The abusive fees have flunked with our voters, and we should move on,” Kaine said.
If approved by General Assembly and Kaine, the repeal could be enacted July 1, or legislators could make it effective immediately upon approval.
Contact the reporter at hhobbs@timespapers.com
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