John Whitehead's Commentary
Wake Up, Virginia! Abusive Driver Fees Are Still With Us
In July 2007, public outrage over Virginia's newly enacted "abusive driver" fees was so high that the online petition created to protest the fees was getting more than 1,000 hits an hour. Four months later, the furor has largely died down to such an extent that the petition, which has collected over 177,000 signatures so far, now gets around 100 hits a week.
One unfortunate side effect of this loss in momentum is that Virginians who were primed to mobilize around the issue have now seemingly resigned themselves to yet another encroachment on their freedoms--unless they happen to get pulled over and tagged under this misguided law.
As you may recall, Virginia's abusive driver fees law went into effect on July 1, 2007, and disproportionately imposed heavy fees ranging from $750 to $3,000 on so-called "abusive" Virginia motorists who commit particular traffic offenses. This provision is part of a larger Comprehensive Transportation Funding and Reform Act, which was passed by the General Assembly earlier this year ostensibly to fund numerous transportation projects.
The driver fees law was a particularly crafty piece of political maneuvering. As it now stands, Virginia's Constitution requires that revenue from traffic fines be deposited into Virginia's Literary Fund, which subsidizes school construction and teacher retirement. It was structured in this way to ensure that traffic tickets are not used as a means of swelling the state's coffers. Yet, determined to fund their transportation projects, legislators tried to sidestep this important stricture by labeling the hefty fines as "fees" and rerouting the funds to the state's Highway Maintenance and Operation Fund. After running into logistical roadblocks over how to compel out-of-state drivers to pay the fees, Governor Kaine compounded the problem by making the law applicable only to Virginia drivers.
The end product is one that unduly taxes Virginia residents (denying them equal protection under the law), discriminates against them in favor of non-residents and is unlikely to improve road safety or discourage truly abusive motorists from engaging in reckless driving and driving under the influence. In fact, similar legislation in Michigan, New Jersey, Texas and New York has proven more problematic than beneficial for the various states and their constituents. Furthermore, studies have shown that such legislation unfairly targets the poor, leaving them to suffer an unending cycle of fines, debt and incarceration.
Already, the Virginia legislation has managed to snare a motley crew of so-called "abusive" drivers that includes individuals with previously unblemished driving records, lower income individuals lacking the resources to pay the hefty fees and a pregnant woman. Indeed, Jessica Hodges, a Virginia resident who was rushing to the hospital with labor pains, was forced to pay nearly $1,050 under this law for reckless driving. Rajesh Cherukuri, however, was spared a $2,250 fee for driving under the influence because he was on a student visa from India and, thus, not a Virginia resident.
Virginians were right to be outraged over this legislation--and the ensuing firestorm of protest caused me to hope that maybe, just maybe, there was a spark of revolutionary spirit still left in them. Unfortunately, that, too, faded and Virginians have since gone to sleep at the wheel. Indeed, the recent Virginia elections showed just how quickly voters managed to forget that elected officials had proverbially sold them up the river. Thankfully, we can still repair some of the damage.
If the Commonwealth is truly suffering from budget deficits and a lack of transportation funding, then our legislators can and should make use of the tools given them for raising revenue. One such tool is the power to levy taxes. Legislators typically avoid raising taxes, especially during election years. But a tax is a tax whether you call it a fine or a fee or a toll.
Some critics of the abusive driver fees law have recommended repealing the law in favor of a one- to two-cent tax per gallon of gasoline, which would include out-of-state drivers as well. However, while a gas tax is less than ideal given the recent spikes in gas prices, it would translate to Virginians having to pay about $8.00 per year and could generate as much revenue for the state as the current abusive driver fees.
Thus, Virginians have two choices: continue to turn a blind eye to an unfair and unjust practice that violates our rights under the U.S. and Virginia Constitutions or take a stand, NOW, before it's too late to do anything at all. With the General Assembly's January 9 session fast approaching, we cannot afford to be complacent.
So wake up, Virginia! It's time to turn up the heat on our elected officials and make sure they don't sweep this issue under the rug.
One unfortunate side effect of this loss in momentum is that Virginians who were primed to mobilize around the issue have now seemingly resigned themselves to yet another encroachment on their freedoms--unless they happen to get pulled over and tagged under this misguided law.
As you may recall, Virginia's abusive driver fees law went into effect on July 1, 2007, and disproportionately imposed heavy fees ranging from $750 to $3,000 on so-called "abusive" Virginia motorists who commit particular traffic offenses. This provision is part of a larger Comprehensive Transportation Funding and Reform Act, which was passed by the General Assembly earlier this year ostensibly to fund numerous transportation projects.
The driver fees law was a particularly crafty piece of political maneuvering. As it now stands, Virginia's Constitution requires that revenue from traffic fines be deposited into Virginia's Literary Fund, which subsidizes school construction and teacher retirement. It was structured in this way to ensure that traffic tickets are not used as a means of swelling the state's coffers. Yet, determined to fund their transportation projects, legislators tried to sidestep this important stricture by labeling the hefty fines as "fees" and rerouting the funds to the state's Highway Maintenance and Operation Fund. After running into logistical roadblocks over how to compel out-of-state drivers to pay the fees, Governor Kaine compounded the problem by making the law applicable only to Virginia drivers.
The end product is one that unduly taxes Virginia residents (denying them equal protection under the law), discriminates against them in favor of non-residents and is unlikely to improve road safety or discourage truly abusive motorists from engaging in reckless driving and driving under the influence. In fact, similar legislation in Michigan, New Jersey, Texas and New York has proven more problematic than beneficial for the various states and their constituents. Furthermore, studies have shown that such legislation unfairly targets the poor, leaving them to suffer an unending cycle of fines, debt and incarceration.
Already, the Virginia legislation has managed to snare a motley crew of so-called "abusive" drivers that includes individuals with previously unblemished driving records, lower income individuals lacking the resources to pay the hefty fees and a pregnant woman. Indeed, Jessica Hodges, a Virginia resident who was rushing to the hospital with labor pains, was forced to pay nearly $1,050 under this law for reckless driving. Rajesh Cherukuri, however, was spared a $2,250 fee for driving under the influence because he was on a student visa from India and, thus, not a Virginia resident.
Virginians were right to be outraged over this legislation--and the ensuing firestorm of protest caused me to hope that maybe, just maybe, there was a spark of revolutionary spirit still left in them. Unfortunately, that, too, faded and Virginians have since gone to sleep at the wheel. Indeed, the recent Virginia elections showed just how quickly voters managed to forget that elected officials had proverbially sold them up the river. Thankfully, we can still repair some of the damage.
If the Commonwealth is truly suffering from budget deficits and a lack of transportation funding, then our legislators can and should make use of the tools given them for raising revenue. One such tool is the power to levy taxes. Legislators typically avoid raising taxes, especially during election years. But a tax is a tax whether you call it a fine or a fee or a toll.
Some critics of the abusive driver fees law have recommended repealing the law in favor of a one- to two-cent tax per gallon of gasoline, which would include out-of-state drivers as well. However, while a gas tax is less than ideal given the recent spikes in gas prices, it would translate to Virginians having to pay about $8.00 per year and could generate as much revenue for the state as the current abusive driver fees.
Thus, Virginians have two choices: continue to turn a blind eye to an unfair and unjust practice that violates our rights under the U.S. and Virginia Constitutions or take a stand, NOW, before it's too late to do anything at all. With the General Assembly's January 9 session fast approaching, we cannot afford to be complacent.
So wake up, Virginia! It's time to turn up the heat on our elected officials and make sure they don't sweep this issue under the rug.
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
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