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BAD-DRIVER FEES OFF THE BOOKS

Date: March 28, 2008
By: Michael Sluss / Roanoke Times

RICHMOND - Gov. Tim Kaine put an end to Virginia's maligned "abusive driver" fees Thursday, signing legislation that repeals the civil penalties and provides refunds to Virginians who have paid the fees in the past nine months.

The legislation took effect immediately, wiping out a set of fees that provoked a fierce public backlash and some court challenges.

The General Assembly and Kaine approved the fees as part of a patchwork transportation funding plan compromise passed last year. The legislation called for the civil remedial fees to be assessed on top of other penalties for serious offenses such as reckless or drunken driving. Lawmakers and Kaine expected the new fees to help deter dangerous driving and to generate revenue for highway maintenance.

But Virginians throughout the state had a hostile reaction to the fees, which could run as high as $3,000 for a felony offense. They complained about the severity of the penalties and the fact that they applied only to drivers with Virginia licenses.

A legislative study released late last year also indicated that the fees would not deter bad driving and would not generate anywhere near the $65 million in annual revenue that Kaine and lawmakers expected. The state collected $3.9 million in civil fees between July 1 and Dec. 30, according to a fiscal impact statement prepared by the state Department of Planning and Budget.

In a statement released Thursday afternoon, Kaine said "it was clear that the fees did not improve the safety of Virginia highways."

In response to public outrage, several lawmakers from both parties filed bills to repeal the fees and Kaine also called for their elimination in his January State of the Commonwealth address. Kaine ultimately signed the two bills that reached his desk -- Senate Bill 1 and House Bill 1243. Both measures had passed with overwhelming support.

"This repeal marks the end of a yearlong nightmare that was the abusive driver fees," said Del. Tim Hugo, R-Fairfax County, who sponsored the House version of the bill.

Because the fees are paid in installments, the legislation allows Virginians who have paid any portion of the fees to receive a refund from the state and to have any outstanding fees waived. But convicted drivers still must pay any court fines assessed in connection with their cases.

Drivers who had their licenses suspended solely for failing to pay an abusive driver fee will be notified by the Department of Motor Vehicles that they are eligible to receive a license free of charge.

Kaine's action ends a Roanoke County lawsuit filed last year in which a convicted driver challenged the constitutionality of the fees. Roanoke lawyer John Fishwick said Thursday that the lawsuit will be dismissed, but added that the case helped highlight concerns about the fairness and severity of the fees.

While the debate over abusive driver fees has ended, Kaine and lawmakers continue their struggle to repair the transportation funding plan they cobbled together last year. The Virginia Supreme Court scuttled two key features of the plan last month, issuing a ruling that invalidated regional taxing authorities in Northern Virginia and Hampton Roads.

Kaine has said he will call a special session this spring to craft new regional transportation plans for those two regions and to produce new statewide revenue for highway maintenance. Republican legislators have been critical of proposals to increase taxes for maintenance and have argued that lawmakers should concentrate on fixing the two regional plans.

On the Net: www.hb3202.virginia.gov

Whom to call about refunds

Gov. Tim Kaine signed legislation Thursday that repeals the state's "abusive driver" fees and provides refunds to Virginians who have paid portions of their penalties.

- Drivers who have paid any portion of an abusive driver fee will receive a refund from the state Department of Accounts. All outstanding fees will be waived. For more information about refunds, call (804) 225-2376.

- Drivers who had their licenses suspended solely for failing to pay an abusive driver fee will be eligible for a new license and can obtain one free of charge at a Department of Motor Vehicles customer service center. For more information about license re-instatement, call (866) 368-5463.
 

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