August 14, 2007
Virginia's Abusive Driver Fees Still in Question
Yesterday a judge in a courtroom in the Virginia hinterlands wrote out some nasty doubletalk and upheld a set of draconian penalties Virginia has unleashed upon commuters with jobs in D.C., raising the question once again of why Northern Virginia taxpayers continue to fund a state government run by rural Southerners who hate us and want us to be miserable. Before yesterday's ruling, the fees had been deemed unconstitutional in district courts in Henrico County and Richmond.
Virginia's new abusive driver's fees would range from $750 to $3,000, in addition to previous penalties. The biggest fees are for legitimately dangerous activities, such as drunk driving. The inexpensive $750 offenses include keeping up with traffic twenty miles per hour faster than the pretend speed limit or driving with a suspended license. The fees only apply to Virginia residents.
The Honorable L.A. Harris Jr., in a courtroom just outside Richmond, ruled that the defense had not adequately proven that Virginia residents are the same as everybody else. The ruling left open the possibility for future litigation to show that a traffic law should not target Virginia residents exclusively. The case seems destined to end up in the Virginia Supreme Court, and in the meantime, anti-tax activists have mounted another challenge against the entire transportation bill. Virginia residents have also organized a petition to repeal the fees, which more than 170,000 people have already signed.
Photograph of what you can do about traffic laws by Eli Resnick
In the meantime, Northern Virginia residents are caught between a rock and a hard place by a law that must appear reasonable to Richmond legislators. Richmond residents appreciate traffic enforcement from police officers who want to keep the average Richmond resident safe. Northern Virginia residents, on the other hand, resent traffic enforcement that has functioned as a regressive tax to fund necessary local transportation improvements ever since voters shot down the half cent local sales tax initiative which would have funded such expenses.
Northern Virginia residents who drive also have to contend with D.C. traffic and parking enforcement, which is designed specifically to prevent us from using automobiles to commute to work. D.C. welcomes Virginians with a red light camera immediately across the 14th street bridge and two hour parking zones wherever commuters are employed. A government that actually represented Northern Virginia would help us respond to D.C.'s environmentally sound policy against gridlock by building and improving existing options for us to get to work by bus, subway and bicycle.
Instead, in a time when Metro parking lots fill before 8 a.m. and every legal bicycle lock-up spot is taken, the Virginia government has chosen to demonize commuters in the Northern part of the state and levy a massive regressive tax against workers who cannot afford to be late and cannot afford private underground parking spaces. This has been the trend ever since the otherwise incompetent Jim Gilmore swept into the Governor's office in 1998 with a three word campaign of "no car tax."
Gilmore claimed that because of the way Virginia's neighborhoods are laid out, driving a car here is a human right and not a privilege. Although Gilmore was a state official, and personal property taxes are levied and collected by Virginia's cities and counties, he was largely successful in reducing those revenue streams, and was especially successful in reducing taxes for owners of large fleets of expensive cars.
Cities and counties deprived of a car tax have had to make up for the lost revenue by collecting more traffic tickets. Because of this system, it has become increasingly easy for a safe and conscientious driver to be stopped for driving twenty miles per hour above the limit, especially on highways, where traffic always moves faster than the speed limit, and at municipal borders, where the speed limit often drops by twenty miles per hour as a means of collecting revenue from unwary newcomers.
At a time when the Virginia legislature has a chance to confront our nation's impending oil crisis with sensible urban and suburban planning initiatives to prepare us for a future without automobile dependency, the legislature has chosen to duck the responsibility of creating a lasting solution, and instead scapegoat Virginia's working poor. Currently, one resident has suffered a slight setback in his fight against the new penalties, but even if the state supreme court should strike down the absurd measure, Virginia has once again ducked the real issue. As we all sit in the same gridlock, the possibility of reliable public transportation for Northern Virginia is lost.
Photograph of Oragne Line Train Westbound for Addison Road by Eli Resnick
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Just to temper this NOVA is alone in funcing the rest of Virginia, the Hampton Roads area has more tax money exiting it to VA than it does coming in as well.
Just to clarify this whole NOVA is single handly funding the rest of VA talk, the Hampton Roads area has more tax money leaving it and going to VA than it does coming in as well.
"upheld a set of draconian penalties Virginia has unleashed upon commuters with jobs in D.C."
Am I missing something? My understanding is that the penalties apply state-wide. Also, I'd imagine that just as many non-NOVA'ers are just as pissed at the new fines. Furthermore, traffic fines are not a regressive tax. They are a penalty for violation of the law. Being late for work is not an excuse for speeding. I can't believe I have to even write that. As a driver, it is your duty to pay attention to road signs and changing speed limits.
This is really a poor, poor piece.
Isn't reporting supposed to be at least a little unbiased?
I can understand your distaste for the measure, but this is so slanted that it's tough to gauge the merits of your argument.
I'm a safe and cautious driver and while I cross my fingers that I don't become ensnared by it, I support its repeal for 1 basic reason:
- it was sponsored by a legislator (David Albo R-Springfield) that has a fundamental interest in it since his law firm specializes in serious traffic offenses
"D.C. welcomes Virginians with a red light camera immediately across the 14th street bridge"
Actually, the camera is there so drivers coming in from VA and MD don't cause more accidents on our streets.
"and two hour parking zones wherever commuters are employed."
And these are there so DC taxpayers can have places to park their vehicles.
What a lame article, DCist.
"...it has become increasingly easy for a safe and conscientious driver to be stopped for driving twenty miles per hour above the limit."
This is the attitude that's made our roads such a dangerous wreck. At this point, has our driver not moved from safe and conscientious to wreckless and egotistical?
While I too think only charging VA drivers with the high fees doesn't seem quite right, this post did nothing to help the argument. Anytime you've got to argue that driving 20 miles over the speed limit is perfectly acceptable because everybody does it you lose credibility immediately.
If no one else is going to raise it, I'll bite:
Since when does the Orange line go to Addison Road? Last I checked both of the Falls Church stations were exclusively on the Orange line and Addison Road is exclusively the Blue line...
Wow. What a horribly written DCist post. I'm amazed at the total bias, bad research (the state reimburses localities 100% for the loss of the car tax) and the childish tone. What a steaming pile of crap.
I was not aware DCist was an anarchist publication. What is wrong with fining drivers for going 20 mph over the speed limit? I suppose you think VA residents should be allowed to run red lights in DC so they can get to work because they are running late? People like this are why DC residents want a commuter tax. Your sense of entitlement is unbelievable.
Eli, sounds like you have an abusive driver fine pending.
I know as many people downstate who think this is a chickenshit way of raising funds without raising taxes as people who live upstate do.
A Virginian going 80 in a 55 is no more or less dangerous than a Georgian.
DC has little enough control over its own coffers that if two hour parking and red-light cameras are what it has to do to make up for stupid fucks like the Congressman who's demanding an end to the taxi zone system just because he doesn't like it, well, let 'em do it.
Wow, what a pitiful piece of "journalism" this is. Never mind the all-too-obvious fact that if someone wants to avoid being "ensnared" by the abusive driving fees,all they have to do is not drive wrecklessly. As for the rest of the article, the hyperbole is nearly overwhelming.
For example:
"Instead, in a time when Metro parking lots fill before 8 a.m. and every legal bicycle lock-up spot is taken, the Virginia government has chosen to demonize commuters in the Northern part of the state and levy a massive regressive tax against workers who cannot afford to be late and cannot afford private underground parking spaces."
So, what, NoVa drivers are martyrs now--being "demonized" for wreckless driving behavior? And since when is being late for work an acceptable excuse for reckless driving? And it's not a tax on NoVa residents, the fines apply statewide. If NoVa happens to have a disporportionate share of the state's drivers, then they can expect to pay a disproportionate share of the fines.
When I look for biased editorials of this nature, I turn to the Wall Street Journal editorial page. DCist should--and does--know better.
Uh, many suburban locales 'welcome' DC motorists by having ZERO time parking in their neighborhoods, with immediate towing. At least DC gives 2 free hours on weekdays, and unlimited overnight and weekend parking. This, even though suburbanites are clogging residential streets every day.
DC parking regs are NOT designed to prevent you from driving to work. They are to allow residents to occasionally park somewhere near their homes.
So enough with the whining about DC parking regs. They are FAR more generous than many of those in the DC burbs, and they are equally FAR more generous than those in other cities like Philly, NY, etc.
Thanks for noticing, Moose. That's really the first premise of my argument.
Is this a parody of a DCist post? It's gotta be.
"I suppose you think VA residents should be allowed to run red lights in DC so they can get to work because they are running late? People like this are why DC residents want a commuter tax. Your sense of entitlement is unbelievable."
No kidding.
"...it has become increasingly easy for a safe and conscientious driver to be stopped for driving twenty miles per hour above the limit."
Wow, I must be lucky then. I routinely drive 10 to 20 mph above the posted limits in VA and have never once been pulled over. Of course, I only drive that fast when that is the speed of the flow of traffic so I am not in any way standing out. Every state trooper I have ever met (and I have met a few from several states due to my job) has told me that, 9 times out 10, if you are going with the flow of traffic, you will be fine.
Now, if I went 20mph over the limit on the Dulles Access Road at 1am with no cars around me, or I was weaving in and out of traffic going that fast, I would expect a ticket.
So drive safe, drive no faster than the those around you, don't be reckless, and you will be fine.
That's really the first premise of my argument.
What, that there's no such thing as a west-bound train to Addison Road on either the Blue or Orange lines?
The one good thing about this new law is that it makes liars of all those Virginians that are claiming illegal immigrants are morally decrepit people because they break the law by being here illegally. You constantly hear some Manassasites and others saying "they broke the law, so they are criminals and must be punished".
Funny how it's different when Virginians break the law themselves.
As for the law itself, I'm of mixed opinions. Having lived in VA, I can tell you that there are plenty of places where speed limits are set artificially low, either as speed traps or just for no apparent reason. So going 20 or even 30 mph faster in some of these places isn't a real traffic hazard. In fact, going the posted speed limit is often more of a hazard than going faster would be.
But at the same time in some places 20 mph over is dangerous.
So it's hard to say whether these fines are justifiable.
"...and two hour parking zones wherever commuters are employed."
With the exception of the House side of Capitol Hill, the areas in DC where people tend to work are all served by reasonably priced (compared to other cities) garages. There is no reason, other than simply being cheap, for a commuter to even look for street parking. Put it in the garage and chalk it up as the cost of driving in the big city. Or take the Metro.
Oh, and about Capitol Hill. The House side probably does need a pay lot or garage for visitors, although there is one on S. Capitol St under the freeway ($6 per day! a steal!) and several smaller lots behind businesses. But since every House staffer above the rank of intern gets a free spot, the need really isn't there for commuters.
Is this a parody of a DCist post? It's gotta be.
The thought crossed my mind. Maybe an attempt at "A Modest Proposal"?
I live in VA and work in (and drive to) DC. This post doesn't represent most of us safe, responsible drivers who don't need to worry about getting caught going 75mph on I-66 because we don't do it. Don't speak on my behalf, Eli, unless you plan to make some sense.
Eli -- were you drunk when you wrote this? Hope you weren't driving.
"As for the law itself, I'm of mixed opinions. Having lived in VA, I can tell you that there are plenty of places where speed limits are set artificially low, either as speed traps or just for no apparent reason."
I'm from a city that had one of the most notorious speed traps in the coutnry (New Rome, OH) before the County stepped in and abolished the town. I have the utmost disdain for speed traps, believe me.
However, the point remains that it *is* the posted speed limit. If it truly is set artificially low, citizens can lobby to have it changed.
Gordon and guest 13, the word is "reckless". Whether the drivers are wreckless is another matter entirely.
"Gordon and guest 13, the word is "reckless". Whether the drivers are wreckless is another matter entirely."
D'oh. Thanks for the correction. Even spell check wouldn't have helped me on that one.
Stick to writing about the Caps, Eli. at least then everyone won't know IMMEDIATELY that you're a moron. With this post it wasn't exactly an enigma.
Let's see if I've got Eli's syllogism here:
1. Virginia is steeply raising fines (excuse me, "fees") for certain traffic offenses it characterizes as "reckless."
2. I sometimes engage in some of these offenses.
3. Therefore, these offenses are not reckless.
Syllogism, hell. This verges on sillygasm.
In LA in a residential zone (which you are talking about with the 2 hour limits) drivers without a zone sticker are immediately towed. So what exactly is your point? That we should allow commuters who pay almost zero in tax revenue to the City to use our valuable space to park their private cars? Should we allow any commuter to break basic traffic laws just because you see them as unfair? Well the fact of the matter is that red light camera will catch you no matter what state or jurisdiction you vehicle is registered in. This is not a commuter issue. You don't like the tickets, tough, don't break the rules. You want to complain about garages at the metro stations in Virginia. Complain to your DAMN representatives and have them build bigger ones. Gesh, get a freak'n clue moron!
Brilliant summary of the above possibilities, cminus.
As a corollary, I bike to work.
But I am always in favor of sillyness.
Oh phooey, reckless it is. Driving at 20 MPH over the speed limit might make one wreck-bound instead of wreck-less... Oh, the irony...
Sommer -- did you greenlight this? It certainly isn't up to typically DCist standards.
I don't understand the use of "fee." Fee and fine or summons are not synonyms.
As an aside, if one were to be stopped by a state trooper while driving 20 miles over the speed limit on the New York State Thruway, that person would find himself in handcuffs.
Why isn't there a commuter tax, anyway? (I've lived here for 2 years but I'm still new here.) I imagine it has everything to do with DC's license plate slogan, as do many things here.
As aNOTHER aside, I can't imagine why anyone would pick driving into or out of DC as a way of getting to work. What an awful lifestyle. In either direction. I've left to go to New York on a Friday, and it's taken me 2.5 to get to Baltimore, and I've also left for North Carolina on a Friday, and it's taken me 3 to get to Manassas. What job is worth that? I'd hang myself.
Yeah, this needs an "opinion" tag somewhere, as with Ryan's weekend urban living pieces.
In addition to which, this betrays an ignorance of what the hell "equal protection" means. Eli may not like the driving fines. But as the judge noted yesterday, whether or may not they're good or fair, they don't appear to violate constitutional guarantees of "equal protection," anymore than does the fact of Va. residents paying different income tax rates than Md. or DC residents.
Actually, Sommer pointed out to me ahead of time that readers might have a hard time with anything that asserted a right of Virginians to commute into D.C.
I explained that I do not believe in such a right, but that I believe something needs to be said about the haphazard manner in which the Virginia government seeks to profit from those who have no other way of getting to work.
It is my belief, as stated in the article, that the Virginia government bears responsibility for making it feasible for people to park their cars and bikes at metro stations, and for improving the reliability of the metro to the point where trains know which way they are going.
Another point of your article was clearly that you should not be fined for violating the law while rushing to the office each morning. In addition, the district holds no responsibility (in reference to your complaints about completely reasonable parking meters and red light cameras) for Virginia's inability to fund proper parking at metro stations. Your article was about an "excessive" fine for breaking existing traffic laws. That has little to nothing to do with the issues of metro or bicycle parking at metro stations. And even if you "have to" drive into the city, it is quite simple to do so without breaking traffic laws.
Sommer pointed out to me ahead of time that readers might have a hard time with anything that asserted a right of Virginians to commute into D.C.
Eli, I'm from Virginia, and I enjoy lobbing rhetorical grenades at self-righteous District residents as much as anyone, but there's just too many haphazard leaps of logic here. I simply don't see the big connection between upstate-downstate tensions, DC commuters, and the right to drive faster than the speed limit. You've got about three opinion pieces here mushed into one: the need for NoVA to work more closely with the District (and Maryland) to improve the inter-jurisdictional commuting; the usual upstate-downstate revenue issues; and your personal outrage over the abusive driver fees.
Yeah, the NOVA bias was a bit strong. Ah well.
Here's another point: theses fine are unfair because it gives VA cops a clear incentive to pull over VA drivers. Given the choice between a VA driver doing, oh let's say 20 over, and an out-of-state driver that's keeping the same pace clearly the VA cop will get the VA driver. Knowing all that extra revenue's coming in, wouldn't ya think?
That's a pretty lame retort Eli: "Sommer said you guys would have a problem with my flawed logic and childish writing."
This isn't about DC vs. NOVA. I drive to DC from Alexandria everyday and I don't think I should be able to park for free OR drive 20 miles over the speed limit.
Wouldn't abundant, cheap parking in the district make EVERYONE's life worse?
I don't understand the use of "fee." Fee and fine or summons are not synonyms.
Under Virginia law, all money from "fines" goes to education. Since Virginia wants the money to go to transportation, they have to call it something else.
No, really.
Guest 40:
We have cheap commuter parking in DC. Unfortunately, it's on residential streets. On any given day 60% of my neighborhood streets are taken over by commuters. The chances of them getting a ticket? Probably 10%. So essentially they are parking for free.
Why can't they just change the law that requires all money from fines to go to education? That seems like a really unnecessary restriction to put on a fairly basic revenue source. If they remove that restriction, and just raise the fines across the board, it will solve the whole "resident vs. non-resident" problem.
I also have to agree that this is one of the more poorly-reasoned pieces I've seen on DCist. There's almost a City Paper cover story's worth of overstated opinion, irrational prejudice, and inaccuracy masquerading as fact ... and that's just in the opening sentence! I know DCist is a collective enterprise, and people seem to put up their own posts independently, but it wouldn't be a bad idea if the full-time editor sometimes, you know, actually edited some things. This post definitely could have used it.
Hillman, I don't know where you are but around the SW/SE boundary they ticket the residential streets heavily. When I moved to the area a month ago and was in the process of switching to DC tags, I got a ticket nearly every day. Maybe this has to do with the new DOT building being there. It seems to be working, though, because I can always find parking on my block. Or maybe it's because the commuters are too afraid of someone from our hood stealing their car.
Nate: Because then none of it will go to education.
guest[44]: You can get 4 weeks worth of temporary parking passes (2 weeks twice) when you move to the city
Oh please. One train car out of how many has the sign wrong, and suddenly Metro is thrown into chaos? Trying to say that is central to your argument is a joke. You didn't even reference the photo in the text.
He is clearly attempting to make it seem like his post was a joke and that he tricked us all into getting riled up about it. I, for one, believe that this was not the original intention and he is trying to deflect against the onslaught of negative comments.
"Actually, Sommer pointed out to me ahead of time that readers might have a hard time with anything that asserted a right of Virginians to commute into D.C."
Wait a minute. I thought this was about the unfairness of a STATEWIDE program that assesses significant fines for people who drive recklessly. No?
So when did this turn into a piece about the trampled rights of NoVa commuters? My guess is, if these fees applied only to Richmond, or Hampton, or any area aside from NoVa, you wouldn't have a problem with it. "The law is the law," you'd say, and you'd decry the whiners in other parts of the state complaining about the program. But, no, the fees apply to you, too, and thus are but another example of the disdain this area has for Virginia commuters.
Never mind the fact that this law was implemented in Richmond, at the state level--everything revolves around NoVa, doesn't it?
Doug: But why should any of it go to education? The education budget should be based on the needs of the state's children and schools, not on the amount of revenue that happens to come in from fines, lotteries, and other variable sources. Other departments in the government don't get variable-level slush funds to spend on things that otherwise wouldn't be covered by the normal budgeting process, why should education? And if they DON'T get access to more funds if more fines are collected, then what justification is there for restricting those revenues in the first place?
I guess it makes sense to tie revenues to a particular project if there's actually some connection to between the revenues and the project (like tolls -- or traffic violation fines -- going to support roads). If nothing else, it should make it easier to justify increases in the fines based on the needs of the linked program.
Nate: I am very, very far from knowledgeable on this subject. I would imagine that the education budget is based on expected revenue from traffic fines and lottery proceeds. Why lotteries and traffic fines go to education, I couldn't tell you. But there is no direct tax (outside of income possibly) that applies to education. And beside that, Virginia rarely makes sense on such things. The Dulles Toll Road was bought and paid for through toll charges many years ago, and the funds are now used for Southern Virginia road projects.
Ask almost any parent in DC how they feel about the way education is funded in Virginia and you would have them tell you that they would like their child to go to school there. Well, most of them just move (by most I mean the ones that can afford to) to Virginia or Maryland to send their children to schools that function properly.
This is really just rambling from me, but I was born and raised in Virginia and I am happy that the education system works and is (or was until Gilmore started the destruction of the budget) funded well.
NoVA drivers are the most aggressive I've ever seen in my life, and I'm from NJ so I should know. It is true that at times, driving at or under the speed limit makes you the target of much horn-blaring, yelling, and angry gestures from fellow drivers. Nevertheless, the problem won't be solved by saying "Well, everyone drives that fast anyway, so we should just let them continue to do so." While I agree that these fines are outrageous and unfair, perhaps it's the only way to get NoVA drivers to slow down.
Hillman, I don't know where you are but around the SW/SE boundary they ticket the residential streets heavily.
No, Hillman is essentially right. There is an abudance of free parking in DC, you just have to know how to play the game. I work in Georgetown, and the parking regulation around here couldn't be heavier, and I still manage to drive every day and avoid parking tickets. The inconvenience of moving my car, meter- and zone-hopping, and trolling for unzoned spaces is the price I pay for my free parking. I wouldn't expect the District to make it easier for me to dump my car anywhere--that would pretty much mean 100% commuter parking on residential streets nine hours a day, five days a week--just as I expect Arlington get out there and ticket those District plates that are illegal parked in my apartment complex lot.
Well, we're both right then, because they do ticket heavily but I guess there are quite a few people who would rather leave their offices every two hours to move their car than use a garage. Still, I think the inconvenience is enough to discourage most people from parking in residential areas.
Doug, I did get a temporary parking pass but didn't get around to doing it for a few days. Anyway, the tickets can be contested, and I don't mind, at any rate. Even though I disagree with most of DC's ticketing policies and think they do nothing more than generate revenue, I do believe in keeping non-residents off residential streets.
Way to be a jerk and blame the rest of Virginia for your troubles. Several non-NOVA residents have signed petitions against these fines... they have to pay them to. Typical elitist NOVA posturing.
And those of you wanting to tax VA residents for driving into DC need to get over yourselves as well... all of the NOVA and MD residents coming to work in DC spend plenty of money here. With housing prices the way they are, perhaps it's no surprise that some people can't afford to live closer to DC or don't want to spend their hard-earned money on a tiny condo just to be near the metro.
" With housing prices the way they are, perhaps it's no surprise that some people can't afford to live closer to DC or don't want to spend their hard-earned money on a tiny condo just to be near the metro."
New York and London could make the same argument.
Guest 52: On the North side of the Hill parking enforcement is sporadic at best, despite repeated pleas from residents. I'd say I see maybe an average of one ticket per block per day. This, when there's at least a dozen commuter cars on the block, usually all day long.
And there is definitely a sense of entitlement amongst commuter parkers here. I've heard commuters scream and threaten DC parking enforcement repeatedly for the sin of actually giving them a ticket. They'll then launch into a tirade of how evil DC is and how they can't stand this cesspool that they willingly chose to work in.
What's striking is that if you ask commuters many see nothing wrong or rude with taking up all available residential spaces. But these same people would sure as shit have you towed for parking in their neighborhood.
To further bitch.....
The sense of entitlement on the part of commuters is because it is DC. Apparently quite a few of them do firmly believe that DC residents and taxpayers owe them unlimited free parking on residential streets. It's that odd disdain many commuters feel for DC residents and it's what allows them to rationalize treating us like crap.
Hillman, don't confuse Eli with most NOVAers. We know we're driving into your city and availing ourselves of its services. The sense of entitlement is not universal.
Hillman, I completely agree with you. I'm just sayin' that at least on the South side of the Hill the parking enforcement is really doing it's job. I hope they make it out to your neighborhood too.
repeal the fees, raise the speed limit and let us protect ourselfs, like citizens of all other states with radar detectors.
steve