Virginia Code § 46.2-206.1

VaBusa

oRg Gal
Staff member
Administrator
Here's what I want to say:

<span style='color:red'>UP YOURS!</span>  
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Here's what I'm working on instead...any feedback, ideas, complaints or otherwise are welcome...I'm not changing the world, but I do feel good when I write a letter
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 I've already read and revised it about 15 times and I'll do it another 15 before I mail it off; that's just how I roll LOL  I'm out of here and will resume this task tomorrow...sorry to your eyeballs for all of the wording, but hey, at least I didn't color the words in pink
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<span style='color:darkblue'>I am writing to voice concerns over the implementation of Virginia Code § 46.2-206.1, or “Civil Remedial Fees†as addressed by the General Assembly in lieu of say, a tax, which is exactly what this “fee†really represents.

While I’m an advocate for placing a financial burden on those that do wrong while driving as punishment, I cannot believe that a whole lot of thought went in to what’s right for Virginia citizens; the prize was fast cash and a lot of it.  You’ve compromised the safety of our Virginia roads and will surely place huge financial burdens on those you don’t expect to be affected by this new law.  

This is about safety, correct?  That’s what I’m reading in area newspaper articles and in quotes from those that drafted, backed and passed this law.  This has quickly become the canned response to what Virginia lawmakers have done.  Just for grins, let us look at what this citizen thinks would make our roads safer, shall we?

Let’s begin with stiffer sentencing for those that drink and drive.  No, no, not Virginia’s “we’re tough on those that drink and drive†by setting up a random check point every other month.  I mean, CRACK DOWN on those that are arrested for a DUI.  How we even have as many habitual offenders with a DUI history on the books is pathetic.  If Virginia would truly crack down on those arrested for DUI, put them in jail, take away their right to drive for a LONG time, heavy fines, I think repeating that same mistake over and over would not seem as appealing.  Let me share with you what I see in my town of just over 10,000 citizens.  Pick up the local paper and read the list of repeat DUI offenders, read their sentencing, and then read how much of that sentence/fine is reduced, giving what is basically just a slap on the wrist.  For what?  Not killing someone yet?  I don’t understand how someone can even become a habitual offender on a valid Virginia driver’s license, yet it’s happening over and over and over again.  Want to make Virginia roads safer?  Start there.

Do you care about child passengers in vehicles?  I would love to see a crack down on those that don’t even own car seats for their little ones.  I’ve seen my fair share of small kids having free reign of the back seat while Mom and Dad barrel down the road without a care in the world.  While most that I know came home in the laps of our parents, times have changed and for those that don’t have a say (our children), I’d like to see the State step up efforts to make certain every child is strapped in an approved car seat and that they’re in that seat correctly.  It’s not just about the safety of adults with the constant seat belt reminders; children deserve to be safe as well.

If your concerns are truly safety-based, the State would opt to have stricter and more frequent testing through the DMV for our elderly drivers, ensuring that if they are licensed to drive here, they can actually handle all that goes with this privilege.  They would also implement better means to teach our youth how to drive properly.  Ask any teen that has participated in “driver’s education†and you’ll hear all of the funny stories and close calls, not much about what they truly learned.  Some parents opt to put their teens in privately funded driving classes.  Those that can’t afford that luxury are at the mercy of our already underpaid, overworked educators, most of which didn’t sign up to teach kids how to drive.  How a physical education teacher becomes the person to teach teens to drive has always baffled me.  Consider a “tiered†licensing program where our youth gradually earn a full license to drive after proving they’re trained and ready to hit the road; offer a limited license for the first 6 months with only daytime driving, or rules on how many passengers they are allowed to carry along.

Consider the same kind of licensing structure for new motorcycle riders.  This would surely benefit our new riders and possibly spare so many families from tragedies that occur every day with our more inexperienced riders.  Take some of our tax money and put it to good use, funding MSF (Motorcycle Safety Foundation) courses for all new riders.

Institute more safety awareness classes and information for those operating cars, trucks and SUVs, conditioning them to become more aware of our motorcyclists on the road; far too many die at the fault of drivers not trained to notice those riding motorcycles and with the increase in the number of riders, it’s time Virginia works to improve overall awareness of these fellow travelers.

Take the cell phones out of drivers’ hands.  I’ve witnessed far too many drivers not in control of their vehicles because of this pesky need to chat on a cell phone and drive.  If you want to save a lot of trouble for Virginia drivers, get serious about this “hobby†and make stiff penalties for those that continue to do so.  Work on better laws to prevent another death at the hands of someone that needed to text message their buddy or call their boyfriend while barreling down the interstate.

If you want to claim you’re trying to keep the streets safer and think taxing us to death will somehow make habitual offenders not get behind the wheel while drunk, you need to pull your head from the sand, stop having the more serious cases dismissed and fees waived, raise the fines and don’t think for a second that TAXING citizens for driving infractions will ever make the roads safer.  Items I’ve just listed will aid in making our roads safer, not taxes.  Judging from what I’ve read in response to this asinine law, many will now consider running from the police over the risk of having to pay these hefty taxes.  If anything, you’ve just opened up a whole new realm of problems for our police force and it will ultimately lead to further danger for those driving the roads of Virginia.  It’s all about safety, right?  

The statute states the purpose of these fees is “to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealthâ€.  So, it’s not really about safety at all.  It is yet another tax, sugar coated to look like you actually care about getting offenders to obey the law and pay as they go if they’re caught; this will make our streets safer, right?  You will find over time that you’re taxing the hell out of the elderly that live on a fixed income, our younger drivers (their parents thank you) and ruining the records of people that don’t generally get tickets, but get caught doing something wrong “just that one time†and are now left with a conviction on their record for years plus a yearly payment to the DMV.  I’m not a habitual offender, yet just like every driver on the road, I can make a mistake.  To have my record ruined for years to come and pay insane taxes to the State for a mistake is pure greed.  Shame on the State for pulling this law over the eyes of your own citizens that not only fund plenty for the state already, but give you your damn jobs.  I work for local government; I know whom I serve and it’s to the betterment of the citizens, not to fund pet projects.  Shame on you for preaching that you want Virginia drivers to be safer, yet you do little to curb where the problems actually exist within our judicial system to deter repeat offenses.  Step up judicial action against those that do commit crimes and work to keep them from doing it again by revoking their privileges as a licensed driver.  Shame on our lawmakers for clearly stating the intent of this law, then telling the press “it’s about safetyâ€.

Taxing citizens for driving infractions on top of the court costs and fines already in place is ludicrous.  Virginians have County stickers (tax), we are paying excessive fees for court costs when most don’t even go to court to fight the every day driving infraction; in my county, court costs are $52 (tax) and the fine I paid 2 years ago was just $21.  Mind you, offenders aren’t tying up the court’s resources beyond having a clerk open an envelope to accept payment.  We pay an additional $1 (tax) to the DMV just to renew our tags via snail mail or online, again not using any resources such as staff, computers, the DMV building or parking lot, yet we pay more to not inconvenience the State.  I’m taxed to own a dog, I’m taxed should I want to put a fence in my yard or build a shed, not to mention the meals taxes, personal property taxes and real estate taxes that we all pay. That you’ve opted to ONLY target Virginians with this new law not only feels immoral, unethical and illegal, but it borders turning our police officers in to money-making machines and not the safety advocates and enforcers they have been trained to be.  I would imagine that if I were heading up I-95 outside of Richmond, speeding, and a car with NY plates passes me, the Virginia State Police would pull me over because I’m worth more to the state of Virginia.  The State would get a check from me for the next 3 years.  I’m sure since lawmakers find it ethical to pass these abusive laws, they won’t think twice about putting quotas on our police, making certain that they are pulling over and ticketing a higher percentage of Virginians vs. out-of-state drivers to get more money.  This isn’t about safety.  This is about heavy taxation and misusing your own citizens, hiding what you’ve voted to do and calling it a “fee†because your political platform no doubt screams to your constituents “no increase in taxes for Virginiansâ€.  To calm any backlash, lawmakers are hiding behind the idea that this is about safety, yet the statement of purpose clearly states otherwise.  

Word is getting around and I can only hope that my fellow Virginians see just how much we’re being abused by our own government and I trust they’ll show their disdain at the polls come November and hopefully flood lawmakers with complaints such as mine.  Thank you for making driving infractions that should always be safety issues for Virginia drivers and turning it in to a money-making venture.  The safety of Virginia’s roads will be greatly compromised and our police force misused; its citizens reduced to nothing but another chance to earn a buck.  Shame on Virginia lawmakers; may your own friends and family fall victim to this heinous law before mine do.</span>

NOW...UP YOURS!  
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 Sorry, not appropriate behavior for a gal, I know...and not okay for here...I'm just irritated...
 
Wow, the sheer size of this makes me think the lawmakers here in Virginia might have time to light up 2 or 3 before they get through it all
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Okay, I'm outta here...have a great evening everyone...
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In the beginning, there was light. Great Taste, Less Filling.

Quite a dissertation.

Is it possible to relay your thoughts without potentially demeaning anyone? You are quite passionate. but I'd recommend an attempt at something less emotional. Keep it factual and to the point, and your missive will be far better received.

I believe.

Scar

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Well done Michelle. Is this for the legistators, media, or both?
 
No doubt you're passionate about this, so I salute your efforts.  But without any reference to the statute, I couldn't decipher the problem.  

So, I did a search and found the VA Supreme Court's Office of the Executive Secretary's summary of the bill:

http://www.courts.state.va.us/publications/hb_3202.pdf.  

What amused me most was that you'll pay a $900 fee (in three annual installments of $300.00) for these misdemeanors (which are only a few of many):

"Improper operation/riding motorcycle";
"Operate motor vehicle with below-standard tires";
"Obscene video image visible outside vehicle" (this one will not likely withstand constitutional scrutiny); and
"Operate motor vehicle with operational N2O device."

I have to believe that there will be challenges to this statute as the cases come through the system--particularly because it does not give the courts any discretion in assessing the amount of the fee. And as we know, courts don't like those types of laws (e.g., the federal mandatory minimum-sentencing guidelines).

Good luck, Michelle--you'll certainly get their attention!
 
(Scar @ Jul. 03 2007,18:09) In the beginning, there was light.  Great Taste, Less Filling.

Quite a dissertation.  

Is it possible to relay your thoughts without potentially demeaning anyone?  You are quite passionate. but I'd recommend an attempt at something less emotional.  Keep it factual and to the point, and your missive will be far better received.

I believe.

Scar
I'll read and re-read it before I send anything along; don't worry...
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I'm a passionate person when I think something's wrong...might not mean I am right, but all I am saying is what's running through my head and what the State of Virginia has done is wrong...that they're hiding these new laws was wrong, that so many Virginians STILL don't even know the exist is wrong...being targeted by police to make money for our Governor's pet projects is wrong; it's taken away their job of keeping us safe...

Not saying I'm right for the way I've approached this, but I'm pissed and don't mind speaking my mind...not afraid to say what I feel to the government and NO ONE should ever feel that they should be...I work for the gov't myself; I know how twisted a machine it is...I'm also a tax paying, law abiding citizen that sees this as just the first step in even more gov't control over everything we do, and to USE people like this is morally wrong...

But, that's just my opinion...not trying to push it on anyone else...
 
(warbrown @ Jul. 03 2007,18:25) Well done Michelle.  Is this for the legistators, media, or both?
It's going to my representatives and likely the head cheese, Gov. Kaine...doesn't mean they'll read it...can't make 'em do that
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(05 Busa LE @ Jul. 03 2007,20:31) No doubt you're passionate about this, so I salute your efforts.  But without any reference to the statute, I couldn't decipher the problem.  

So, I did a search and found the VA Supreme Court's Office of the Executive Secretary's summary of the bill:

http://www.courts.state.va.us/publications/hb_3202.pdf.  

What amused me most was that you'll pay a $900 fee (in three annual installments of $300.00) for these misdemeanors (which are only a few of many):

"Improper operation/riding motorcycle";
"Operate motor vehicle with below-standard tires";
"Obscene video image visible outside vehicle" (this one will not likely withstand constitutional scrutiny); and
"Operate motor vehicle with operational N2O device."

I have to believe that there will be challenges to this statute as the cases come through the system--particularly because it does not give the courts any discretion in assessing the amount of the fee.  And as we know, courts don't like those types of laws (e.g., the federal mandatory minimum-sentencing guidelines).

Good luck, Michelle--you'll certainly get their attention!
Sorry about that...I was out of time yesterday and figured only those in VA would care anyway...
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Thanks for the input...the bill sucks doesn't it? And it was implemented AS LAW as of July 1, 2007...ask how many VA residents even know about it? Not many at all...
 
More like
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to the idiots that did this...

I keep reading it and fear it's far too much...my goal was to list off all the things that need to be done to make our roadways safer, since that's now what the supporters of this bill are saying...then slam 'em for pointing out exactly what the bill is intended for per their very own wording on the bill itself...

The more I read it, the more I feel it's too much and I've failed to make the point...
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I'm off to do something else...sick of thinking about this stupid law
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I think they will read it and then they will respond, both by email and a letter. Most do and should respond. Get a few more of those letters going and Virginia will listen. Good job with the letter!!
 
After reading through it twice I will have to agree with your last comment. While I agree with you on your stance on this statute I think your message gets lost in the verbage. Even though I don't agree with this law, by the end of your message (trying to read it unbiased) I wasn't clear on why I should be against it.

I think the sections that speak to "how to make things safer" may be irrelevant and run off on a tangent a bit.

Read through this and see if it seems more cohesive:

~~~~~~~~~~~~~~~~~~~~~~~
I am writing to voice concerns over the implementation of Virginia Code § 46.2-206.1, or “Civil Remedial Fees†as addressed by the General Assembly in lieu of say, a tax, which is exactly what this “fee†really represents.

While I’m an advocate for placing a financial burden on those that do wrong while driving as punishment, I cannot believe that a whole lot of thought went in to what’s right for Virginia citizens; the prize was fast cash and a lot of it. You’ve compromised the safety of our Virginia roads and will surely place huge financial burdens on those you don’t expect to be affected by this new law.

The statute states the purpose of these fees is “to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealthâ€. So, it’s not really about safety at all. It is yet another tax, sugar coated to look like you actually care about getting offenders to obey the law and pay as they go if they’re caught; this will make our streets safer, right? You will find over time that you’re taxing the hell out of the elderly that live on a fixed income, our younger drivers (their parents thank you) and ruining the records of people that don’t generally get tickets, but get caught doing something wrong “just that one time†and are now left with a conviction on their record for years plus a yearly payment to the DMV. I’m not a habitual offender, yet just like every driver on the road, I can make a mistake. To have my record ruined for years to come and pay insane taxes to the State for a mistake is pure greed. Shame on the State for pulling this law over the eyes of your own citizens that not only fund plenty for the state already, but give you your damn jobs. I work for local government; I know whom I serve and it’s to the betterment of the citizens, not to fund pet projects. Shame on you for preaching that you want Virginia drivers to be safer, yet you do little to curb where the problems actually exist within our judicial system to deter repeat offenses. Step up judicial action against those that do commit crimes and work to keep them from doing it again by revoking their privileges as a licensed driver. Shame on our lawmakers for clearly stating the intent of this law, then telling the press “it’s about safetyâ€.

Taxing citizens for driving infractions on top of the court costs and fines already in place is ludicrous. Virginians have County stickers (tax), we are paying excessive fees for court costs when most don’t even go to court to fight the every day driving infraction; in my county, court costs are $52 (tax) and the fine I paid 2 years ago was just $21. Mind you, offenders aren’t tying up the court’s resources beyond having a clerk open an envelope to accept payment. We pay an additional $1 (tax) to the DMV just to renew our tags via snail mail or online, again not using any resources such as staff, computers, the DMV building or parking lot, yet we pay more to not inconvenience the State. I’m taxed to own a dog, I’m taxed should I want to put a fence in my yard or build a shed, not to mention the meals taxes, personal property taxes and real estate taxes that we all pay. That you’ve opted to ONLY target Virginians with this new law not only feels immoral, unethical and illegal, but it borders turning our police officers in to money-making machines and not the safety advocates and enforcers they have been trained to be. I would imagine that if I were heading up I-95 outside of Richmond, speeding, and a car with NY plates passes me, the Virginia State Police would pull me over because I’m worth more to the state of Virginia. The State would get a check from me for the next 3 years. I’m sure since lawmakers find it ethical to pass these abusive laws, they won’t think twice about putting quotas on our police, making certain that they are pulling over and ticketing a higher percentage of Virginians vs. out-of-state drivers to get more money. This isn’t about safety. This is about heavy taxation and misusing your own citizens, hiding what you’ve voted to do and calling it a “fee†because your political platform no doubt screams to your constituents “no increase in taxes for Virginiansâ€. To calm any backlash, lawmakers are hiding behind the idea that this is about safety, yet the statement of purpose clearly states otherwise.

Word is getting around and I can only hope that my fellow Virginians see just how much we’re being abused by our own government and I trust they’ll show their disdain at the polls come November and hopefully flood lawmakers with complaints such as mine. Thank you for making driving infractions that should always be safety issues for Virginia drivers and turning it in to a money-making venture. The safety of Virginia’s roads will be greatly compromised and our police force misused; its citizens reduced to nothing but another chance to earn a buck. Shame on Virginia lawmakers; may your own friends and family fall victim to this heinous law before mine do.
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Also just think about this:

I read some numbers on this law the other day. By the way, this law does not affect me, yet. If it proves to be a good revenue generator though I can guarantee other states will start looking at it. This should concern EVERYone.

Back to my point. I read some number that stated estimates of $200 million additional revenue the first year based on previous years numbers and extrapolating forward.

Sounds like a lot doesn't it?

You haven't seen the tip of the iceberg.

That figure is for the first year. In the second year they will not only have yet another $200 million from "traffic taxes" but tack one more blob of $200 million on top of that from the current year. Remember, these fines span 3 years. So in the third year you will have the previous years' fines coupled with the third year of fines to give you a sustained total of $600 million per year additional revenue after it hits it's 3 year ramp up.

That's a lotta cabbage and I cannot imagine they haven't thought of this. This has NOTHING to do with safety.

I know the attitude they had when they made this law, I have it when I make my business decisions. "We will charge them extra for this so maybe they will think a little more and stop doing doing. If they don't stop doing it well hell, we'll make a bunch of money and we can say "we told ya so!"" It is a win-win scenario for the state.
 
I already sent mine..

I didn't even attempt to make it sound professional.. haha I'm just a hillbilly from southwest va and I would hate to tarnish my image.
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but your not alone Va. I love how they try to say it's only going to effect the habitual offenders and never mention that section about the misdemeanors.

That includes basically anything you get a ticket for does it not?

speeding 5mph over is a misdemeanor isn't it?

failure to signal
expired tags
expired D/L (which reminds me I need to renew
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Buncha crap. I didn't like Tim Kaine when he got elected and even less so now.
 
If you look at the summary I posted above, it lists all of the offenses (including misdemeanors) to which the fee will apply.

Even though it doesn't (yet) affect PA residents, I think it's excessive ... particularly when they add in misdemeanors. I can maybe--just maybe--understand the felonies, but including misdemeanor violations is ridiculous, and likely where the statute will bring in most of the money. For example, getting stopped for "below-standard tires"--whatever they are--will cost you an additional $300.00 per year for three years ($900.00). That's way out of line.

I think you should include the statute as part of your letter--especially if you're writing to people who didn't even look at the bill when they voted to OK the thing.

And yep, I care 'cause you do!
 
I agree with you VA. I just need to find out my local reps (haven't been here for a general election) and let them know, I know how they voted. If they voted against-- thank them. If they voted for it then ask them to repeal it or I won't be voting for them in the next election and will be encouraging others to do the same.
 
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