In reaction to wavering public support for the recently implemented abusive-driver fees, Republican leaders in the Virginia General Assembly announced a plan last week to hold out-of-state motorists to the new legislation and more selectively apply the harsher penalty. Higher fees for reckless drivers were levied as a part of HB-3202, the transportation bill passed late last session.
These fees, which range from $750 to $3,000 for various traffic offenses committed by Virginia drivers, have caused a minor public outcry since they took effect July 1.
House Speaker William J. Howell, R - Fredericksburg, said there has been some confusion about who is subject to these fees and believes only "the most aggressive drivers" should be targeted by the bill. The new bill will also be retroactive to July 1, 2007 to reimburse smaller offenses that received heavy fees because of the legislation.
"I think it's a question of fairness and equity. I think drivers are concerned that out-of-state drivers are not included in the process and they should be. We need to correct that," Howell said.
The original bill was meant to raise needed funds for Virginia road projects and to deter unsafe driving, according to Martha Mead, manager of Public and Government Affairs for the Mid-Atlantic American Automobile Association, the largest U.S. motorist advocacy group. Although it's only been about two months since the law went into affect -- not sufficient time for extensive study -- reckless driving tickets are down by 20 percent and speeding citations are down by 11 percent for July compared with the same period last year, Legislative Assistant Sarah Huggins said.
AAA supported the abusive-driver legislation, yet the group did not intend to support excluding out-of-state drivers.
"We understand that it is constitutionally and legally difficult to include them... but we are happy that the General Assembly will revisit the bill," Mead said.
Selecting a source of funding for the transportation bill's road improvement projects proved difficult for state legislators earlier this year.
"It was a situation in which lawmakers had to choose the lesser of two evils, because a gas tax could have raised the same funds; however, it was unreal to think that it would pass," Mead said.
Retiring Senator Charles R. Hawkins, R - Chatham, expressed a similar sentiment.
"The feeling was that the General Assembly was in no mood to adopt a gas tax," Hawkins said. "I had real reservations from the start about the use of abusive-driver fees... but the bill was an honest effort made by a lot of people to come up with the money without raising taxes."
Hawkins, who served on the finance committee, voted against the bill because he said it did not ensure a stable source of revenue and required the Commonwealth to acquire a large amount of debt to pay for the projects laid out in the bill. Considering the proposed changes, Hawkins said the measures "will certainly make it better, but without dependable long-term financing, you will not be able to achieve the long term goal."
Mead, meanwhile, said she believed the change to include out-of-state drivers will go a long way toward improving public opinion; however, she said "only time will tell" if these measures alone will be enough.
Legislators will revisit the bill in January.