Driver’s Responsibility
The Driver’s Responsibility Act was enacted to promote safe driving in Michigan and deter potentially dangerous behavior. Instead, it has become an undue burden on our poorest citizens, capturing many of them in an unbreakable circle of unaffordable fees and suspended licenses.
That’s why I have introduced legislation (HB 4665) that will relieve the burden of metro Detroiters and people throughout the state who are facing an extreme punishment for what are often relatively minor infractions under this unjust act.
Here’s how it currently works: There are two categories of offenses that are punishable by fees — Category 1 sanctions and Category 2 sanctions. Category 1 sanctions are given to drivers who accumulate more than seven points on their driver’s license. These are for offenses such as speeding, improper turns and following too closely. The fees assessed begin at $100 and increase by $50 for each additional point above seven points.
Category 2 offenses include drunk driving and reckless driving, along with less serious offenses such as no proof of insurance and driving without a license. Category 2 offenses, classified as “qualifying offenses,” carry their own driver responsibility fee independent from the number of points on the driving record. These fees are charged over a two-year period.
Many of our poorest residents have trouble paying the first fee, let alone the second year fee. If they are unable to pay the fee, their license is suspended. In order to make the money they need to feed their families and pay their bills, many are then forced to drive illegally without a license. Since the enactment of the fee schedule in 2003, 55 percent of assessments have gone uncollected and over 726,000 suspensions of driving privileges have been ordered, according to Circuit Judge William C. Buhl. In addition, metro Detroit does not have a strong public transportation system. These people have no choice but to break the law, and thus collect more and more fines they are unable to pay.
As a former law enforcement officer, I am a strong proponent of keeping our roads safe. But the Driver’s Responsibility Act is doing more harm to our communities than good. As we all know, Michigan is in the midst of a fiscal crisis, and this law was passed in part to raise money for the state. But we cannot balance our budget on the backs of the poor. As it stands now, this act is unfair and irresponsible. It must be changed.
My bill would eliminate the second-year fee. However, it would increase the one-time fee by $500 for the more serious, drinking-related offenses. It also will force the Secretary of State to work with drivers on a payment plan if they can’t pay the whole fee at one time. People should not be punished twice for the same mistake, and they shouldn’t be punished again and again if they are unable to pay an unwarranted fee.
The Driver’s Responsibility Act is a failure. It is opposed by the Michigan Judges Association and the Michigan District Judges Association. It has put many of our residents in financial straights and has kept them from getting to their job, their doctor or their grocery store. I call on my colleagues in the state House and the state Senate to pass this legislation in a timely manner. We must not close off our roads to our poorest and most vulnerable residents.
State Rep. Bettie Cook Scott (D-Detroit) can be reached at her office at (517) 373-1776.