Legislation to eliminate Drivers Responsibility Fees

Legislation to eliminate some of Michigan's onerous driver responsibility fees is on its way to Gov. Rick Snyder's desk to be signed into law.

The Michigan Senate today concurred in a 37-0 vote with the House version of Senate Bill 166, which removes some double fees levied against drivers for various minor offenses.

The legislation had broad bipartisan support. A total of 36 of Michigan's 38 state senators signed on as sponsors of SB 166, including Majority Leader Randy Richardville, Minority Leader Gretchen Whitmer, and Sen. Rebekah Warren, D-Ann Arbor.

"This bill is a long overdue fix," Warren said today after the Senate vote. "It eliminates the onerous driver responsibility fee for drivers who have lesser violations like driving on an expired license or failing to produce a proof of insurance, while still keeping it in place for more serious crimes like vehicular manslaughter or driving under the influence."

Currently, drivers with a number of violations can be charged extra fees by the state, often referred to as "driver responsibility fees." The extra fees are assessed on top of the existing fine schedule, effectively penalizing drivers twice for the same offense.

Warren said she hasn't heard anything indicating Snyder's position on the bill, though she and others are assuming he'll sign it. A spokesperson for the governor could not immediately be reached for comment this afternoon.

-Annarbor.com

2nd Year Fee

License Suspended for not paying your second year fee? Tell us your story.

Drivers Responsibility Fee's and Bankruptcy

In Michigan Driver Responsibility penalties are found in MCL 257.732 (a) Public Act 165 of 2003 taking effect 10/01/2003 and amended Public Act 52 of 2004 and Public Act 460 of 208.
The Acts purpose is to act as a deterrent to bad driving and to fund the marginal cost to society. Violations for drunk driving or not having proper insurance trigger the fees.
Several states have these types of fines.
In Michigan the act makes drivers who reach certain points against their driving record, do not have proof of insurance, or ticketed for drunk driving and other acts to pay an extra $100-500 annual fee to maintain their license in addition to other costs.[nc 2005]
In most cases failure to pay the yearly assessment on time results in license suspension. The license re instatement will cost another $125.00.[nc 2005]
Driver responsibility programs mean big money for the states who have tried them.[nc 2005]
Several of the Michigan Fees are;
$100 per year for as long as the license has 7 points,
$1,000 for 2 years for DUI,
$200 for 2 years for expired insurance,
$150 for 2 years for having an expired license.
These fines are not dischargable in Bankruptcy.
The United States Bankruptcy Code identifies governmental fine, penalties and forfitures as non dischargable in bankruptcy. 11 USC 523 ( a) (7), 727 1141 a, 1228 b, 1328 b.
In a Texas Bankruptcy Court the drivers responsibility surcharge was found to no be dischargable. In a CHapter 7 the debtor had scheduled the penalties as an unsecured creditor not a priority.
In Texas a surcharge is imposed on persons convicted of traffic violations. Sec. 708.102 and 708.13. The debtor pled that the $5,960 surcharge was dischargable and the State had violated the automatic stay.
The Bankrutcyu court relied on 11 USC 523 ( a) (7) and that Drivers Responsibility surcharges have been identified by previous decisions as fines and penalties.
see Celotex Corp v Catrell 477 US 317, 1986, and US v Kolstad ( In re Kolstad 101 BR 492, 493, Bankr SD Texas 1989.

DTE Energy

This off subject but does effect us Michiganders. I'm not an expert on energy law but I have had several members who have been shut off by DTE now that its cold out. I thought this was against the law to turn off the heat when kids are in the house. Anyone have any info on this,let us know.

Corrective Lenses Fee

After seeing this I was absolutly beside myself. When you renew your registration the State of Michigan will charge people who have corrective lenses $18.00. A fine for wearing glasses! Really. Lets get the word out and fight for DRF removal.

Help us fight the DRF fee! Join our FB Page.

http://www.facebook.com/home.php#!/profile.php?id=100002395473154

Driving with an expired license! DRF of $150.

This keeps going on and on. More outrageous fee's for ridiculous offenses. If you are driving with an expired license. Whether you have a valid, one and just don't have it on you. You will be subject for a $150 DRF fee for 2 years!

Lets fight this. Join the FB page, sign the petition. Let's get the word out!