Va. GOP Proposes Bad-Driver Law Overhaul

Some Democrats said the GOP plan doesn't go far enough. They want the fees, which won bipartisan support when approved in February, repealed.

"They still don't get that the criminal justice system should not be used for tax collection," said Del. Brian J. Moran (D-Alexandria), chairman of the House Democratic Caucus.

Howell and Stosch have ruled out a complete repeal, legislators said. Howell thinks the fees will increase traffic safety and generate $65 million annually to build and maintain highways.

The biggest component of the plan involves the inclusion of out-of-state motorists.

As approved by the General Assembly, the abuser-fee law included them. But Kaine amended it, saying the Department of Motor Vehicles and the courts do not have the authority to collect a driving fee from someone from another state.

Del. David B. Albo (R-Fairfax) said he's "confident" the General Assembly will be able to include out-of-state drivers and collect "a lot of money" from them to use for transportation improvements.

Kevin Hall, a Kaine spokesman, said the governor "looks forward to working with the legislature in January on ways to address people's concerns about abusive-driving fees."

But some GOP delegates who support a complete repeal of the abuser fees say adding out-of-state drivers would only create problems. Noting that the abuser fees have generated headlines nationwide, Del. Robert G. Marshall (R-Prince William) said tourists will avoid Virginia if they think they could be tagged with a hefty fine.

"If the speaker thinks he can fix this by just adding out-of-state drivers, he will end up turning Virginia into a tourist wasteland," Marshall said. "We don't need the reputation as a 40,000-square-mile speed trap."

Marshall, who advocates a special session to repeal the fees before Nov. 6, said Howell's promise "will be a dead end for Republicans" in the election.

GOP leaders are emboldened by internal party polls showing that voters want the fees modified to include out-of-state drivers but that majorities support the concept and think the fees will lead to safer highways.