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.