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RICHMOND--
The unpopular abusive-driving fees are no more.Gov. Tim Kaine yesterday signed two bills that repeal the fees, and because the bills had an emergency clause, the repeal goes into effect immediately.
"After six months of implementation, it was clear that the fees did not improve the safety of Virginia highways," Kaine said in a statement. "The citizens of Virginia expressed concerns regarding these fees, and based on these concerns, I have signed the bills that repeal the fees."
Those who have already been charged the fees are eligible for refunds.
The fees were part of last year's transportation package, and were intended to raise money for road improvements. They were to be levied on drivers who committed particularly egregious traffic offenses.
But as soon as they were signed into law, the outrage began. Virginians disliked the fact that because they were fees, not fines, they applied only to Virginia drivers. It also rankled that the fees--which ranged up to $3,000 for things such as driving under the influence--could be applied to lesser offenses in some cases.
Thousands of people signed an online petition against the fees, and hundreds fumed to their legislators, who were taken aback by the level of outcry.
It also became clear that the fees, which were supposed to generate about $65 million a year, were going to fall far short of that.
Within months, lawmakers were vowing to amend the fees to make sure they applied only to truly criminal offenses. But by the time the legislature returned to session in January, most backed repealing the fees altogether.
Sen. Edd Houck, D-Spotsylvania, sponsored the Senate version of the repeal bill, calling the fees the biggest mistake the legislature had made in his tenure there.
"The stake is finally in the beast's heart," Houck said yesterday. "This was the end of an unnecessary and tragic mistake by the General Assembly. I welcome the governor's approval to end this bad policy."
In addition to the loss of the driving fees, another major component of the transportation package is currently in limbo: two regional transportation authorities, which were supposed to generate and spend taxes and fees on road projects in Northern Virginia and Hampton Roads.
The state Supreme Court a few weeks ago declared those authorities unconstitutional, and legislators still haven't settled on a fix. They're expected to return to Richmond later this spring to work on the issue.
The bills to repeal the driving fees--Del. Tim Hugo sponsored the House version, although several lawmakers in both houses had introduced similar bills--went through a variety of changes during the legislative process, most of which concerned how to handle refunds to those drivers who had already paid the fees.
Because the fees were designed to be paid over a three-year period, a simple refund wouldn't be enough.
"There were numerous versions of how to deal with the refund," Houck said. "But at the end it became pretty obvious that it would be just a mechanism where those who have been charged could just ask for a refund and it would be given by the state."
As it stands, drivers who have already paid a portion of the fee should get a refund without having to do anything; clerks of court are supposed to tell the state comptroller who is in line for a refund.
Clerks will also void any future payments the drivers were due to make, and inform the DMV to reinstate the driver's license of anyone who lost his license for failure to pay the fees.
Drivers must still pay fines and court costs from the cases.
Spotsylvania County Commonwealth's Attorney Bill Neely said he's glad to see the fees repealed.
"It was getting to be bad," he said.
Neely said that just last week five people had appealed drunken-driving penalties and two had appealed reckless-driving penalties, all on the issue of constitutionality.
He said the number of people appealing the fees was soaring, and at least a hundred were appealing every month.
Neely said no one had gone completely through the appeals process in Spotsylvania.
He said he couldn't estimate the number locally.
Most local clerks' offices also said they didn't have a way to track the number of people who had been assessed the civil remedial fees.
Drivers who have been charged the fees and have questions can call the state Department of Accounts at 804/225-2376.
Reporter Ellen Biltz provided information for this story.
Chelyen Davis: 804/782-9362
Email: cdavis@freelancestar.com
