C45P312

wow, harsh on the blinker.

BearNVa

Ok is this shit for real or is it fake?? I'm getting terribly pissed reading this thread! VA residents are already over taxed for shit that we have already paid for and the VA gov can't even seem to fix any roads to where they last more than a year or 2. Where the hell is all my damn tax dollars going? If you call the police they never respond in a descent amount of time unless someones head has been blown off. We get stopped for stupid shit like exhaust noise but Harleys and sport bikes can be as loud as they want. We get stopped for dark tint but the police can have LIMO tint on ALL windows what the hell gives VA. What more do you want from me. I've got crack smokers driving down my street all the time and lil bastards shooting off fireworks at 1-2am but I never hear a police car siren. Why are all the "BOXES" still allowed on the street jacked to high heaven with bass breaking my house windows when they can't even make a u-turn in a 5 mile radius. Why doesn't the VA government do the damn job that the tax payers are paying for and clean up my damn neighborhood, before you try lining your pockets with more money being paid for bullshit offenses. <end rant>

Budman05

Our little paper (Warren Sentinel) had an editorial on this last week and the way I read it, it takes effect July 1st. My biggest beef is the lowest fines are for driving without a license or with a suspended license. Next to a hit and run, or something like that, I think driving without a valid license should be higher than failing to use a turn signal.

There are also some very scary things, like driving too fast for conditions. This is a judgement all by a cop and could be easily abused.

The whole thing is CRAP. How come out of state drivers are exempt?

I have always thought there should be a special nuisance fine for people that cause an accident during rush hour, but this is insane.

s2k_PikeStyle

NO worries guys... Just pulled the va tracking report, tell your local papers they are wrong and are a few months late.

DATE-INTRO: JANUARY 9, 2007

LAST-ACTION: FEBRUARY 7, 2007; Failed to pass HOUSE.

SYNOPSIS: Requires the courts to impose an initial additional fee for motor vehicle law offenses.

STATUS:
01/09/2007 PREFILED.
01/10/2007 INTRODUCED.
01/10/2007 To HOUSE Committee on TRANSPORTATION.
02/03/2007 From HOUSE Committee on TRANSPORTATION:
Reported with substitute.
02/03/2007 Committee substitute printed.
02/07/2007 Failed to pass HOUSE.


SUBJECT: TRANSPORTATION, MOTOR VEHICLES- GENERAL OPERATING REQUIREMENTS, Motor Vehicle General Operating Requirements- Misc, STREETS AND HIGHWAYS, Highway/Road Financing, Construction, Maintenance, TRANSPORTATION- MISC, Transportation-Related Taxes/Fees and Exemptions

SPONSOR: Rust T

s2k_PikeStyle

Here is the full text of the proposed bill

HOUSE BILL NO. 2376
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(PROPOSED BY THE HOUSE COMMITTEE ON TRANSPORTATION
ON FEBRUARY 3, 2007)
(PATRON PRIOR TO SUBSTITUTE--DELEGATE RUST [HB 2257])



BILL TRACKING REPORT: 2006 Bill Tracking VA H.B. 2376

2006 Bill Text VA H.B. 2376

VERSION: Recommended as Substituted from Committee

VERSION-DATE: February 3, 2007

SYNOPSIS: A BILL to amend the Code of Virginia by adding a section numbered 46.2-206.1, relating to certain additional fees imposed on certain drivers; funding of asset management in the Highway Maintenance and Operating Fund.

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

TEXT: Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-206.1 as follows:

[A> SECTION 46.2-206.1. IMPOSITION OF CERTAIN ADDITIONAL FEES ON CERTAIN DRIVERS; DISPOSITION OF REVENUE TO HIGHWAY MAINTENANCE AND OPERATING FUND. <A]

[A> A. THE PURPOSE OF THE CIVIL REMEDIAL FEES IMPOSED IN THIS SECTION IS TO GENERATE REVENUE FROM DRIVERS WHOSE PROVEN DANGEROUS DRIVING BEHAVIOR PLACES SIGNIFICANT FINANCIAL BURDENS UPON THE COMMONWEALTH. THE CIVIL REMEDIAL FEES ESTABLISHED BY THIS SECTION SHALL BE IN ADDITION TO ANY OTHER FEES, COSTS, OR PENALTIES IMPOSED PURSUANT TO THE CODE OF VIRGINIA. <A]

[A> B. THE CIVIL REMEDIAL FEES ESTABLISHED BY THIS SECTION SHALL BE ASSESSED ON ANY RESIDENT OF VIRGINIA OPERATING A MOTOR VEHICLE ON THE HIGHWAYS OF VIRGINIA, INCLUDING PERSONS TO WHOM VIRGINIA DRIVER'S LICENSES, COMMERCIAL DRIVER'S LICENSES, OR LEARNER'S PERMITS HAVE BEEN ISSUED PURSUANT TO THIS TITLE; PERSONS OPERATING MOTOR VEHICLES WITHOUT LICENSES OR WHOSE LICENSE HAS BEEN REVOKED OR SUSPENDED; AND PERSONS OPERATING MOTOR VEHICLES WITH A LICENSE ISSUED BY A JURISDICTION OUTSIDE VIRGINIA. <A]

[A> C. THE COURT SHALL ASSESS A PERSON WITH THE FOLLOWING FEES UPON EACH CONVICTION OF THE FOLLOWING OFFENSES: <A]

[A> 1. DRIVING WHILE HIS DRIVER'S LICENSE WAS SUSPENDED OR REVOKED PURSUANT TO SECTION 18.2-272, 46.2-301, 46.2-302, 46.2-341.21, OR 46.2-391 SHALL BE ASSESSED A FEE TO BE PAID IN THREE ANNUAL PAYMENTS OF $ 250 EACH; <A]

[A> 2. RECKLESS DRIVING IN VIOLATION OF ARTICLE 7 (SECTION 46.2-852 ET SEQ.) OF CHAPTER 8 OR AGGRESSIVE DRIVING IN VIOLATION OF SECTION 46.2-868.1 SHALL BE ASSESSED A FEE TO BE PAID IN THREE ANNUAL PAYMENTS OF $ 350 EACH; <A]

[A> 3. DRIVING WHILE INTOXICATED IN VIOLATION OF SECTION 18.2-266, 18.2-266.1, OR 46.2-341.24 SHALL BE ASSESSED A FEE TO BE PAID IN THREE ANNUAL PAYMENTS OF $ 750 EACH; AND <A]

[A> 4. ANY OTHER MISDEMEANOR CONVICTION FOR A DRIVING AND/OR MOTOR VEHICLE RELATED VIOLATION OF TITLE 18.2 OR THIS TITLE THAT IS NOT INCLUDED IN ONE OF THE PRECEDING THREE SUBDIVISIONS OF THIS SUBSECTION SHALL BE ASSESSED A FEE TO BE PAID IN THREE ANNUAL PAYMENTS OF $ 300 EACH; AND <A]

[A> 5. ANY FELONY CONVICTION FOR A DRIVING OR MOTOR VEHICLE-RELATED OFFENSE UNDER TITLE 18.2 OR THIS TITLE, SHALL BE ASSESSED A FEE TO BE PAID IN THREE ANNUAL PAYMENTS OF $ 1,000 EACH. <A]

[A> 6. FOR THE PURPOSES OF THIS SECTION: <A]

[A> A. A FINDING OF GUILTY IN THE CASE OF A JUVENILE AND A CONVICTION UNDER SUBSTANTIALLY SIMILAR LAWS OF ANY LOCALITY, TERRITORY, OTHER STATE, OR OF THE UNITED STATES, SHALL BE A CONVICTION. <A]

[A> B. THE FEES ASSESSED UNDER THIS SUBSECTION SHALL BE IMPLEMENTED IN A MANNER WHEREBY NO CONVICTIONS PRIOR TO JULY 1, 2007, SHALL BE CONSIDERED. <A]

[A> D. THE COURT SHALL COLLECT, IN FULL, THE FIRST ANNUAL PAYMENT OF THE FEE IMPOSED UNDER SUBSECTION C AT THE TIME OF CONVICTION AND SHALL ORDER THE PERSON ASSESSED A FEE TO SUBMIT THE SECOND ANNUAL PAYMENT TO THE DEPARTMENT WITHIN 14 CALENDAR MONTHS OF THE DATE OF CONVICTION AND THE THIRD ANNUAL PAYMENT TO THE DEPARTMENT WITHIN 26 MONTHS OF THE DATE OF CONVICTION. WHEN TRANSMITTING CONVICTION INFORMATION TO THE DEPARTMENT THE COURT SHALL ALSO TRANSMIT NOTICE THAT A FEE HAS BEEN IMPOSED UNDER THIS SECTION AND THE DEADLINE UPON WHICH THE SECOND AND THIRD ANNUAL PAYMENTS MUST BE SUBMITTED TO THE DEPARTMENT. THE COURT SHALL ORDER SUSPENSION OF THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE A MOTOR VEHICLE IN VIRGINIA AS PROVIDED IN SECTION 46.2-395 OF ANY PERSON FAILING TO PAY THE FIRST ANNUAL PAYMENT OF THE FEE ASSESSED UNDER SUBSECTION C. <A]

[A> E. FOR ALL CONVICTIONS REPORTED TO THE DEPARTMENT FOR WHICH FEES ARE ESTABLISHED UNDER SUBSECTION C, THE PERSON ASSESSED THE FEE SHALL SUBMIT THE SECOND ANNUAL PAYMENT TO THE COMMISSIONER WITHIN 14 CALENDAR MONTHS OF THE DATE OF CONVICTION AND THE THIRD ANNUAL PAYMENT WITHIN 26 MONTHS OF THE DATE OF CONVICTION. THE DEPARTMENT SHALL NOTIFY EVERY PERSON ASSESSED A FEE BY MAILING A NOTICE OF THE SECOND AND THE THIRD ANNUAL PAYMENTS, INCLUDING THE AMOUNT DUE AND THE DATE IT IS DUE, BY FIRST-CLASS MAIL ADDRESSED TO SUCH PERSON'S MOST RECENT ADDRESS AS SHOWN IN THE DEPARTMENT'S RECORDS. SUCH MAILING SHALL CONSTITUTE NOTICE TO THE PERSON ASSESSED A FEE UNDER THIS SECTION OF THE AMOUNT AND DATE BY WHICH THE SECOND AND THIRD ANNUAL PAYMENTS SHALL BE PAID TO THE DEPARTMENT. THE COMMISSIONER SHALL SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE A MOTOR VEHICLE IN VIRGINIA OF ANY PERSON FAILING TO PAY THE SECOND OR THIRD ANNUAL PAYMENT OF THE FEE TO THE DEPARTMENT BY THE DUE DATE SPECIFIED IN THE NOTICE. <A]

[A> F. IN ADDITION TO ANY FEES SET FORTH IN SUBSECTION C, ANY PERSON WHOSE DRIVER'S RECORD WITH THE DEPARTMENT SHOWS A BALANCE OF EIGHT OR MORE DRIVER DEMERIT POINTS ON JULY 15 SHALL BE ASSESSED A FEE OF $ 100 PLUS $ 75 FOR EACH DEMERIT POINT IN EXCESS OF EIGHT, BUT NOT GREATER THAN $ 700. <A]

[A> G. THE DEPARTMENT SHALL ASSESS THE FEES SET FORTH IN SUBSECTION F ANNUALLY, BEGINNING ON JULY 1, 2007. <A]

[A> H. THE DEPARTMENT SHALL NOTIFY EVERY PERSON ASSESSED A FEE UNDER SUBSECTION F BY MAILING A NOTICE THEREOF BY FIRST-CLASS MAIL ADDRESSED TO SUCH PERSON'S MOST RECENT ADDRESS AS SHOWN IN THE DEPARTMENT'S RECORDS, AND SUCH MAILING SHALL CONSTITUTE NOTICE TO THE PERSON OF THE ASSESSMENT OF THE FEE. IF ANY ASSESSMENT MADE UNDER THIS SECTION REMAINS UNPAID 60 DAYS FOLLOWING THE DATE ON WHICH THE NOTICE OF ASSESSMENT WAS MAILED, THE COMMISSIONER SHALL SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE A MOTOR VEHICLE IN VIRGINIA OF THE PERSON AGAINST WHOM THE ASSESSMENT WAS IMPOSED. NO LICENSE SHALL BE REISSUED OR REINSTATED UNTIL ALL FEES ASSESSED PURSUANT TO THIS SECTION HAVE BEEN PAID AND ALL OTHER REINSTATEMENT REQUIREMENTS AS PROVIDED IN THIS TITLE HAVE BEEN SATISFIED. <A]

[A> I. IN THE EVENT THAT A PERSON DISPUTES A CONVICTION ON HIS DRIVER'S RECORD BASED UPON IDENTITY, IF THE PERSON PRESENTS THE DEPARTMENT A CERTIFIED COPY OF A PETITION TO A COURT OF COMPETENT JURISDICTION SEEKING TO VACATE AN ORDER OF SUCH CONVICTION, THE DEPARTMENT SHALL SUSPEND THE IMPOSITION OF THE ASSESSMENT. SUCH SUSPENSION SHALL BE VALID FOR ONE YEAR FROM THE DATE OF THE COMMENCEMENT OR UNTIL 30 DAYS AFTER AN ENTRY OF A FINAL ORDER ON SUCH PETITION, WHICHEVER OCCURS FIRST. <A]

[A> J. FUNDS COLLECTED THROUGH THE IMPOSITION OF THE FEES AS PROVIDED FOR IN THIS SECTION SHALL BE USED TO PAY THE DEPARTMENT'S COST IN IMPOSING AND COLLECTING SUCH ASSESSMENTS AS PROVIDED IN THE GENERAL APPROPRIATION ACT, AND ANY REMAINDER SHALL BE DEPOSITED INTO THE HIGHWAY MAINTENANCE AND OPERATING FUND AND USED AS OUTLINED IN SECTIONS 2.2-1509.2 AND 33.1-23.02. <A]

2. That in the event that the Department of Motor Vehicles is unable to implement the provisions of this act concerning the fees under subsection F of Section 46.2-206.1 of the Code of Virginia on the effective date of this act, the fees to be assessed pursuant to this act under subsection F of Section 46.2-206.1 of the Code of Virginia shall be assessed beginning no later than January 1, 2008. The Department shall notify each person assessed such a fee by mailing the requisite notice at the earliest time possible.

3. That the revenue generated by this act shall be used solely for transportation purposes.

4. That the provisions of this act shall expire on December 31 of any year in which the General Assembly appropriates any of the revenue generated under this act for any purpose other than transportation.

SPONSOR:
Rust T

s2k_PikeStyle

So, if you're in the 86th district, dont vote for Tom Rust (D)

BearNVa

I've got to say (just in case you read this or drive an S2000)....



TOM RUST YOU ARE AN IDIOT!

You are just one of the many reasons the gov sucks. It's people like this that come up with god knows what to create extra money to make themselves just a little bit richer.
Gotta love those (Shhhhhh) kickbacks.

FF2Skip

I agree with this proposal in theory. Think about it... would you slow down? Would you drive less agressively? I bet you would after your first ticket(s).

I drive I-95 almost every day. If they can somehow reduce the number of accidents, not volume, life would be far better for us up here. Perhaps the penalty for failing to signal was purposely added to ensure the bill failed. :dunno: Maybe the state is still miffed about not being able to use traffic camera footage as evidence. I don't really want to speculate, but I can tell you that the northern part of the I-95 corridor is flipping ridiculous once an acident occurs.

In that light, I'm all for steeper fines.

s2k_PikeStyle

Here our my biggest problems:

[A> A. A FINDING OF GUILTY ... A CONVICTION UNDER SUBSTANTIALLY SIMILAR LAWS OF ANY LOCALITY, TERRITORY, OTHER STATE , OR OF THE UNITED STATES, SHALL BE A CONVICTION. <A]

The state does not have power to fine you for a conviction in another state, nice try...

and

[A> F. IN ADDITION TO ANY FEES SET FORTH IN SUBSECTION C, ANY PERSON WHOSE DRIVER'S RECORD WITH THE DEPARTMENT SHOWS A BALANCE OF EIGHT OR MORE DRIVER DEMERIT POINTS ON JULY 15 SHALL BE ASSESSED A FEE OF $ 100 PLUS $ 75 FOR EACH DEMERIT POINT IN EXCESS OF EIGHT, BUT NOT GREATER THAN $ 700. <A]

You get hit with additional fines for offenses you have already paid the appropriate fine. I can understand the legality of increasing the fine for subsequent offenses, its done for many crimes. However, you cannot raise the fine of a previous violation because of a future violation. Unless the fine was given out in court and then suspended, I do not see how the state could legally enforce F. Plus, its poorly written and could be interpreted to include all offense before July 15 (why the july 15th date + it says balance on the record.. not any occurring after July 1)


And further, in practice:

The law already allows for steeper fines if the facts are egregious... thats the job of the judge to determine on a case by case basis. The state legislature really isn't in the best position to evaluate a mandatory fine for driving offenses. True they have accident reports and statistics to look at, but every case is different. 81 in a 65 should not result in $2000 fine, while 110 in a 65 probably should. That is why we give judges discretion.

JLUDE

Virginia is also one of only a few "states" that charges you property tax at the time of purchase and EVERY YEAR THERAFTER on every vehicle you own and we still can't build new roads!