NMA Michigan Alert: It's Time to Act on the Responsibility Act
Michigan’s Driver Responsibility Act imposes a system of surcharges for certain traffic violations or the accumulation of too many points on one’s driver license. (See the official Driver Responsibility rules here.)
Of course the stated aim of those surcharges is to promote safety -- but as retired Ann Arbor Police Detective Sergeant Rick Kinsey wrote in his October 6th AnnArbor.com column, the Act “…has created a new class of criminal in Michigan.” And he didn’t mean that as an endorsement.
The National Motorists Association, too, opposed the Driver Responsibility Act from the very start; Michigan activist James Walker testified against its passage at legislative hearings in Lansing in 2003.
Walker and other NMA members have monitored the program ever since, and worked tirelessly to try to persuade legislators to come to their senses and repeal the Act. As Walker writes:
It was obvious that it was unfair, excessive and primarily a revenue grab - NOT a program to improve safety. A Senate analysis in 2006 showed that most serious offenses were UP, not down as the supporters of the law falsely promised. Roughly 10% of all Michigan drivers have suspended licenses, many because of the Driver Responsibility Act. Most of them must drive to support themselves and their families because there is no viable public transport in most of the state. This means nearly 10% of our drivers are also uninsured.
Walker recalls prior hearings for repeal of the DRA:
Judges testified at all four of those hearings asking for repeal. Most judges hate the law because they have no options to fit the sentence to the person. It is utter nonsense to give a $500 for two years fine to a person who has been unemployed for a year, or to a single mother working at minimum wage. You might as well say the fine was $20,000 - they cannot pay it, and likely will never be able to pay. The phrase "debtor's prison" came from a judge at one of the hearings as he begged for repeal.
As Kinsey explained, “those driver’s responsibility fees build up in a hurry and drive a person deeper and deeper into debt.” They leave drivers “…in a catch-22, between a rock and a hard spot predicament that has no cure in sight.” And according to Kinsey, many police officers and judges are devising technical loopholes to keep the DRA rules from ruining the lives of the motorists they deal with.
So once again the Michigan legislature is trying to decide what to do with this oppressive, counterproductive law. There are two bills under consideration: SB166 as amended so far is a very partial repeal that would end only about 10% of the abusive fines. HB4816 would totally repeal the Act.
Given that the DRA is ruining the lives of Michigan motorists for no good reason, and leading to subversion of the law by authorities simply in the interest of mercy and practicality, it is quite clear to us that total repeal is the best idea.
Unfortunately, it is very unlikely that HB4816 will even get a hearing in either house. SB166, on the other hand, has a real chance to pass and start the ball rolling towards repeal. Therefore, we support both bills.
Michigan citizens may contact your legislators here to express your own views.
Of course the stated aim of those surcharges is to promote safety -- but as retired Ann Arbor Police Detective Sergeant Rick Kinsey wrote in his October 6th AnnArbor.com column, the Act “…has created a new class of criminal in Michigan.” And he didn’t mean that as an endorsement.
The National Motorists Association, too, opposed the Driver Responsibility Act from the very start; Michigan activist James Walker testified against its passage at legislative hearings in Lansing in 2003.
Walker and other NMA members have monitored the program ever since, and worked tirelessly to try to persuade legislators to come to their senses and repeal the Act. As Walker writes:
It was obvious that it was unfair, excessive and primarily a revenue grab - NOT a program to improve safety. A Senate analysis in 2006 showed that most serious offenses were UP, not down as the supporters of the law falsely promised. Roughly 10% of all Michigan drivers have suspended licenses, many because of the Driver Responsibility Act. Most of them must drive to support themselves and their families because there is no viable public transport in most of the state. This means nearly 10% of our drivers are also uninsured.
Walker recalls prior hearings for repeal of the DRA:
Judges testified at all four of those hearings asking for repeal. Most judges hate the law because they have no options to fit the sentence to the person. It is utter nonsense to give a $500 for two years fine to a person who has been unemployed for a year, or to a single mother working at minimum wage. You might as well say the fine was $20,000 - they cannot pay it, and likely will never be able to pay. The phrase "debtor's prison" came from a judge at one of the hearings as he begged for repeal.
As Kinsey explained, “those driver’s responsibility fees build up in a hurry and drive a person deeper and deeper into debt.” They leave drivers “…in a catch-22, between a rock and a hard spot predicament that has no cure in sight.” And according to Kinsey, many police officers and judges are devising technical loopholes to keep the DRA rules from ruining the lives of the motorists they deal with.
So once again the Michigan legislature is trying to decide what to do with this oppressive, counterproductive law. There are two bills under consideration: SB166 as amended so far is a very partial repeal that would end only about 10% of the abusive fines. HB4816 would totally repeal the Act.
Given that the DRA is ruining the lives of Michigan motorists for no good reason, and leading to subversion of the law by authorities simply in the interest of mercy and practicality, it is quite clear to us that total repeal is the best idea.
Unfortunately, it is very unlikely that HB4816 will even get a hearing in either house. SB166, on the other hand, has a real chance to pass and start the ball rolling towards repeal. Therefore, we support both bills.
Michigan citizens may contact your legislators here to express your own views.
Posted by National Motorists Association
