On The Front Lines
Rutherford Institute President Demands Virginia Assembly Amend Traffic Law to Eliminate 'Abusive Driver' Fees
CHARLOTTESVILLE, Va. -- In a letter to leaders of Virginia's General Assembly, The Rutherford Institute has castigated the Assembly for its recent passage of legislation that imposes abusive driver fees upon Virginia residents who commit certain traffic offenses. Calling the new traffic law discriminatory and an unreasonable method of raising revenue to fix the Commonwealth's transportation problems, Institute attorneys are demanding that the legislature amend the law to eliminate the inequitable fees or face legal action challenging the validity of the fees.
A copy of the Institute's letter is available here.
"Constitutional safeguards against undue, extreme and discriminatory punishments have long been a cherished right of the people of the Commonwealth of Virginia," stated John W. Whitehead, president of The Rutherford Institute. "Unfortunately, such safeguards have now been placed in jeopardy by the General Assembly as a result of its passage of legislation intended to impose exorbitant abusive driver fees upon Virginians. These fees are a misguided way of pursuing a policy of road improvement, as well as being legally questionable."
Effective July 1, 2007, Va. Code § 46.2-206.1 levies administrative fees on Virginia residents who commit certain traffic offenses, including driving under the influence, reckless driving, speeding, driving with a suspended or revoked license, and for accumulating eight or more demerit points through other violations. The fees, referred to as "civil remedial fees" in the legislation passed during the General Assembly's 2007 session, were included as part of a transportation bill and are designated for deposit into the state's Highway Maintenance and Operation Fund. According to the law, persons who commit offenses such as reckless driving or driving while intoxicated, place "significant financial burdens upon the Commonwealth." Thus, the fees, which range from $750 to $3000, are intended by legislators to compensate the Commonwealth.
However, in the Institute's letter to government officials, Whitehead points out that the remedial fees are ripe for a legal challenge because there is no logical connection between the exorbitant fees imposed upon Virginia's drivers and the real cost to the Commonwealth from the commission of the specified traffic offenses. Furthermore, Whitehead states, the idea that only Virginia drivers should be saddled with these exorbitant fees, on top of the fines and legal fees they may incur as a result of a traffic offense, is legally indefensible.
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