Sunday, March 4, 2007

Mayor Adrian M. Fenty should take a play from the mayor of London's book and impose a congestion charge that applies to each nonresident who commutes into the District by car. He should be first in line to take advantage of President Bush's recent proposal to support a few cities that experiment with such a charge.

A stunning two-thirds of all income earned in the District is by nonresidents. Of these commuters, roughly 250,000 drive solo into Washington daily, making them both polluters of our air and freeloaders of our infrastructure.

Unlike all 50 states, the District is not permitted to collect income tax from those who work there but reside elsewhere. We in the District pay the second-highest "state" taxes in the country, in part because there is no nonresident tax and because the federal government, embassies and nonprofits are often exempt from property tax. Exempt property makes up 41 percent of the District's total area. Wrongly, Congress -- the entity that taxes us without representation -- won't let us impose a nonresident income tax. The Washington Metropolitan Area Transit Authority is pondering all options to improve the bottom line, including a major fare hike. A congestion charge would allow the District to increase its financial support of Metro, which could then transform Metrorail and Metrobus into a world-class transport network.

As it is, Metro may raise fares substantially, in part because the governments of the region (read: Maryland and Virginia) won't pay their fair share. The result could be that many current Metro riders will be reaching for their car keys, and adding to District pollution and congestion, if fare increases take effect.

Fenty should impose a District version of London's congestion charge on all nonresident commuters. As in London, the charge should apply to all nonresidents -- even diplomats and members of Congress.

The fee for a vehicle to circulate in central London is 8 British pounds, or $15.70 per day. The money is used to improve public transportation. The charge has increased the use of public transportation by 20 to 30 percent as well as the use of bikes and motorbikes. It has decreased the average commute time by 20 percent.

London uses an expensive high-tech means to enforce the charge. The District should look at all the options, but I would recommend a low-tech scheme involving parking garages and sharp-eyed District parking enforcement officers. The District could charge $1 a day for nonresident commuters. Parking garages would receive, say, 5 percent to cover administrative costs. Commuters who voluntarily purchase a sticker for one year would get a small discount. Those who don't comply, either at garages or on the street, would be subject to escalating fines.

Based on 285,000 nonresident drivers (including carpoolers) commuting at $1 a day for 250 workdays a year, less total administrative costs of 15 percent, I calculate that this very reasonable charge would generate approximately $60 million annually that the District could use for public transit and other environment-friendly alternatives.

While the London program covers passenger and commercial vehicles, I believe commercial delivery vehicles should be exempt here to avoid indirectly raising the cost of food and other goods in the District. The Supreme Court has ruled that it is permissible to discriminate based on place of residence (e.g., the lack of voting rights for the 5 million U.S. citizens not living in a state). The District has power over parking and environmental quality, and, if it acts promptly, it may even be able to obtain Bush administration support. The plan should pass judicial and political muster.

Mayor Fenty's administration should put the charge in place before Metro increases fares, driving more commuters into their cars as District residents gag on one more byproduct of taxation without representation.

-- Todd Howland

Washington

The writer is a human rights lawyer. His e-mail address istoddhowland@yahoo.com.