Virginia's New "Voluntary Tax" on Its "Bad" Drivers:
Taxing traffic and criminal violations in the search for money to fund transportation projects
27 Jun 2007 in Regulatory Policy
Public finance is full of examples where (usually) state and local governments come up with voluntary taxes, by which we mean that if you don't volunteer you don't pay. The classic example is state lotteries. While it's true that "if you don't play you can't win," as Powerball says, if you don't play you also can't lose. Virtually everyone who plays the lottery loses, and state governments collect the profits. That makes them voluntary taxes.
On July 1, a new law will come into force in Virginia establishing a voluntary tax styled as a "civil remedial fee." This one will be used (at least nominally) to fund transportation projects. (We say "nominally" because money is fungible. There is nothing to stop the Virginia legislature from reducing general fund appropriations dollar for dollar with the proceeds collected by this new tax.)
Washington Post staff writer Tom Jackman explains the new law. It creates a "civil remedial fee" on Virginia drivers convicted of specified traffic violations. Most of these violations are serious, but they have nothing to do with funding transportation projects.. These fees are in addition to recently enacted, high percentage increases in regular registration fees, which the Virginia Department of Motor Vehicles says will be earmarked for transportation.
The delegate who sponsored the law, David B. Albo, calls new new registration fees a "voluntary tax":
"[I]f you don't commit a crime on the streets, or run up a huge amount of points, you don't pay anything. We believe its main effect will be to get people to stop driving like maniacs."
For a tax to be voluntary, two things must be true. First, the supply of prospective taxpayers must be highly price-elastic. Otherwise, there is very little that's voluntary about it. Second, prospective taxpayers must be fully aware of the tax, and what actions trigger it. If they are unaware, it doesn't matter how price-elastic they are.
| Virginia "Civil Remedial Fees": Are They "Voluntary" Taxes? |
||
| Purpose of the Law | Supply Price-Elasticity of Prospective Taxpayers | Public Awareness of the Tax |
| Raise funds for transportation projects | Low | Unnecessary |
| Improve Virginians' driving behavior | High | Essential |
Economic reasoning thus shows that Albo's claims are specious. "Civil remedial fees" cannot simultaneously raise funds for transportation projects and improve the way Virginians drive. Moreover, even if the economic conditions necessary for behavior change to be present, behavioral change will not occur unless the public is broadly aware of the tax. You cannot avoid what you cannot see.
Let's tackle the public awareness question first. Are Virginia drivers -- especially those who are most likely to engage in "bad" driving -- fully informed about the consequences? Or will they first encounter it when they are convicted of one of the enumerated traffic offenses?
Apart from Jackman's arrticle, there have been a few other news outlets that have carried stories, most of them less detailed. The Virginia DMV does not provide any information on its web site, either. A Virginia driver interested in learning about the new tax must visit the offices of the Virginia Supreme Court (an unlikely event, as will become self-evident below) or search the Commonwealth of Virginia's web site to find the bill (a prospect only slightly more likely). We reprint the bill below, but don't actually think it will serve the necessary risk communication function given the demographics of Neutral Source readers.
We've resolved that, to date, the Commonwealth of Virginia is not highly motivated to inform its residents about "civil remedial fees," and how to avoid them. That's consistent with the objective of raising revenue, and it's fundamentally at odds with the objective of improving driver behavior.
Is the supply of prospective taxpayers price-elastic? A perusal of the list of traffic infractions suggests that they are not. However much it is desirable that drivers not commit manslaughter (especially of the involuntary variety), it seems doubtful that the prospect of having to pay $1,000 in "civil remediation fees" will make much difference. The same goes for maiming while DWI, or driving DWI or DUI a third or subsequent time. Hit-and-run violations also seem hard to deter this way, and neither would be felony unauthorized use (i.e., car theft). Maybe some drivers will be deterred from operating school buses without a license, rthough how they would gain access to them is a mystery.
Jackman reports that the Commonwealth of Virginia expects to raise $65 to $120 million annually. Why the government is uncertain within a factor of two is unclear, given that it knows exactly how many convictions are obtained. Assuming that all fines are the largest possible ($1,000), there are 65,000 to s120,000 uch convictions each year in Virginia -- 260 to 480 per business day. The courts must be very busy.
To be fair, many of the violations on the list below are misdemeanors, but that is mostly a matter of degree rather than kind. The violations on the list that "normal" citizens of the Commonwealth are plausibly tempted to commit are few, and thus the capacity of "civil remedial fees" to deter them is limited:
- 18.2-266.1 DRIVING AFTER ILLEGALLY CONSUMING ALCOHOL/UNDER 21 (C)3 $750 Misdemeanor 3
- 46.2-335 LEARNER'S PERMIT VIOLATION (C)4 $300 Misdemeanor 2
- 46.2-349 PERMIT UNLICENSED PERSON TO DRIVE (C)4 $300 Misdemeanor 2
- 46.2-859 RD - PASS SCHOOL BUS - MISDEMEANOR (C)2 $350 Misdemeanor 1
- 46.2-860 RD - FAIL TO GIVE PROPER SIGNAL - MISDEMEANOR (C)2 $350 Misdemeanor 1
- 46.2-861 RD - DRIVE TOO FAST FOR CONDITIONS - MISDEMEANOR (C)2 $350 Misdemeanor 1
- 46.2-862 RD - SPEEDING EXCESS OF 80 MPH - MISDEMEANOR (C)2 $350 Misdemeanor 1
- 46.2-862 RD - SPEED 20/MORE ABOVE SPEED LIMIT - MISDEMEANOR (C)2 $350 Misdemeanor 1
- 46.2-863 RD - FAIL TO STOP ENTERING HIGHWAY - MISDEMEANOR (C)2 $350 Misdemeanor 1
- 46.2-864 RD - ON PARKING LOTS, ETC - MISDEMEANOR (C)2 $350 Misdemeanor 1
- 46.2-868.1 AGGRESSIVE DRIVING (C)2 $350 Misdemeanor 1
- 46.2-933 FAIL STOP FOR PEDESTRIAN WITH WHITE CANE (C)4 $300 Misdemeanor 3
When governments impose taxes on undesirable conduct and become dependent on the revenue, they then become dependent on that conduct continuing without abatement. Exhibit A of this phenomenon is the multi-state settlement with tobacco makers. Revenues to each state are supposed to be devoted to anti-smoking programs, but they are contingent on future cigarette sales -- which means continued smoking. States became investors in the tobacco business. If Virginia raised the expected $65 to $120 million per year in additional revenue, it could become similarly dependent on criminal activity to fund future transportation projects. That makes the Commonwealth of Virginia a partner in crime.
'New Virginia Code § 46.2-206.1
This is a general explanation of the new civil remedial fees. It has been prepared by staff of the Office of the Executive Secretary of the Supreme Court, which is the administrative office of the Virginia court system. It has not been reviewed by the Justices of the Supreme Court of Virginia. It does not represent an order of or statement by the Supreme Court of Virginia. This general explanation is meant neither as legal advice nor as a “how to” guide. Any questions regarding a court’s assessment of the civil remedial fee in a particular instance should be directed to your attorney or to the court assessing the fee.
During its 2007 Session, the General Assembly of Virginia passed House Bill 3202 (Chapter 896), which was designed to provide additional funds to address various transportation needs in the Commonwealth. (See this link for the bill: http://leg1.state.va.us/cgi-bin/legp504.exe?ses=071&typ=bil&val=hb3202.) The legislation requires agencies and branches of state government which implement parts of the legislation to make accessible to the public information about those efforts.
(1) Civil Remedial Fees. The legislation creates “civil remedial fees” to be assessed against Virginia residents convicted of certain motor vehicle-related or driving crimes. These civil remedial fees will not apply to traffic infractions like failure to obey a highway sign or failure to yield or parking too near a hydrant. They apply only to certain motor vehicle-related or driving felonies and misdemeanors (certain motor vehicle-related or driving offenses which are crimes). The civil remedial fees will be assessed against juveniles who have been found delinquent because they committed one of these motor vehicle-related or driving felonies or misdemeanors. The civil remedial fees will not be assessed if the juvenile court defers a final judgment against the juvenile and does not find the juvenile to be delinquent.
(2) Purpose. The statute states the purpose of these fees is “to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealth.”
(3) Effective date. These fees are assessed upon convictions of the applicable offenses only if the crime was committed on or after July 1, 2007.
(4) An additional fee. In one important way, these fees are like court costs. That is, if the fee is applicable to a particular conviction, the court must assess the entire civil remedial fee. However, these civil remedial fees cannot be suspended or reduced. Instead,
by law, an applicable civil remedial fee must be assessed by the court in full. Finally, the law provides that “The civil remedial fees established by this section shall be in addition to any other fees, costs, or penalties imposed pursuant to the Code of Virginia.”
(5) Virginia residents only. The civil remedial fee is applicable to Virginia “residents” convicted of these crimes. The law provides that “The civil remedial fees established by this section shall be assessed on any resident of Virginia operating a motor vehicle on the highways of Virginia, including persons to whom Virginia driver's licenses, commercial driver's licenses, or learner's permits have been issued pursuant to this title; and persons operating motor vehicles without licenses or whose license has
been revoked or suspended.”
(6) Three-part fee. The civil remedial fees are imposed in three equal parts. If the fee applies, the court will order the first part of the fee to be paid to the court following the conviction. The court will also order that the second part of the fee must be paid to the Department of Motor Vehicles (DMV) within 14 months and, then, that the third part of the fee must be paid within 26 months of the conviction. DMV will tell people who owe the second and third parts of the civil remedial fees when those parts of their fees
will be due.
(7) Fee schedule. The civil remedial fees are as follows:
(a) Driving on a suspended license: $250 to the court upon conviction, with two additional payments of $250 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(b) Reckless driving: $350 to the court upon conviction, with two additional payments of $350 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(c) DUI and related offenses (§§ 18.2-266, -266.1, 46.2-341.24): $750 to the court upon conviction, with two additional payments of $750 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(d) Other misdemeanors, “Any other misdemeanor conviction for a driving and/or motor vehicle related violation of Title 18.2 or [Title 46.2] that is not included in one of the preceding three subdivisions”: $300 to the court upon conviction, with two additional payments of $300 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(e) Felony convictions, “Any felony conviction for a driving or motor vehicle-related offense under Title 18.2 or [Title 46.2]”: $1,000 to the court upon conviction, with two additional payments of $1,000 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(8) Installment or deferred payment plans. Civil remedial fees paid to the courts (the first part of the three-part civil remedial fee) may be included in the installment or deferred payment plans which courts use now for the payment of fines and costs, upon request and approval. The judge or the clerk of the court which convicts the person sets up the payment plan. These court-ordered installment or deferred payment plans will not apply to second and third parts of the civil remedial fee, which are to be paid to DMV.
(9) Prepayable offenses. The civil remedial fees do apply to two motor vehicle-related or driving misdemeanors which are on the table of so-called “prepayable” offenses. When an offense is prepayable, the accused person may plead guilty by paying to the court before the trial date the entire prepayable fine and court costs. Because these two offenses require the civil remedial fee, a person prepaying one of these two offenses must pay to the court not only the set prepayable fine and court costs, but also the first
part of the three part civil remedial fee (the part due to the court). If the entire amount due for the prepayable offense is not sent to the court at the same time, the court cannot accept the payment. Once the civil remedial fees become effective, the references in the
table of prepayable offenses to these two offenses will look like this:
| Rule 3C:2. Uniform Fine Schedule. |
||||||
| Description of Offense |
Statute or Regulation |
Fine | Processing Fee |
Total | ||
| Drinking alcoholic beverage while driving motor vehicle |
18.2-323.1 | $35 (Plus $900 civil remedial fee due in three payments: $300 due to court with fine and costs, $300 payment due to DMV within 14 months of conviction, and $300 payment due to DMV within 26 months of conviction. Civil remedial fee applicable to VA residents only.) |
$61 | $396 | ||
| Refusing officer’s order to drive vehicle to weighing station |
46.2-1137 | $35 (Plus $900 civil remedial fee due in three payments: $300 due to court with fine and costs, $300 payment due to DMV within 14 months of conviction, and $300 payment due to DMV within 26 months of conviction. Civil remedial fee applicable to VA residents only.) |
$61 | $396 | ||
(10) List of offenses. Following is the list of the offenses to which civil remedial fees are applicable. The list is arranged numerically by citation to the Code of Virginia. It contains a brief description of the offense, a reference to the part of the statute imposing
the particular fee, the amount of the civil remedial fee, and the “class” of the offense (which indicates how serious is the particular offense). The offenses are color-coded to reflect both the particular paragraph of subsection C of § 46.2-206.1 and the specific civil
remedial fee.
Here is that subsection of the statute, with the colors imposed to match up with the following list:
§ 46.2-206.1 (C). The court shall assess a person with the following fees upon each conviction of the following offenses:
1. Driving while his driver’s license was suspended or revoked pursuant to § 18.2-272, 46.2-301, 46.2-302, 46.2-341.21, or 46.2-391 shall be assessed a fee to be paid in three annual payments of $250 each;
2. Reckless driving in violation of Article 7 (§ 46.2-852 et seq.) of Chapter 8 or aggressive driving in violation of § 46.2-868.1 shall be assessed a fee to be paid in three annual payments of $350 each;
3. Driving while intoxicated in violation of § 18.2-266, 18.2-266.1, or 46.2-341.24 shall be assessed a fee to be paid in three annual payments of $750 each;
4. Any other misdemeanor conviction for a driving and/or motor vehicle related violation of Title 18.2 or this title that is not included in one of the preceding three subdivisions shall be assessed a fee to be paid in three annual payments of $300 each; and
5. Any felony convictions for a driving or motor vehicle-related offense under Title 18.2 or this title, shall be assessed a fee to be paid in three annual payments of $1,000 each.
Convictions to be Assessed Civil Remedial Fees Under § 46.2-206.1
Conviction Code
Conviction Description
§ 46.2-206.1 Subsection
Annual Fee
Offense Class
18.2-35
MANSLAUGHTER - VEHICLE
(C)5
$1,000
Felony 5
18.2-36
INVOLUNTARY MANSLAUGHTER - VEHICLE
(C)5
$1,000
Felony 5
18.2-36.1
INVOLUNTARY MANSLAUGHTER/ALCOHOL
(C)5
$1,000
Felony 5
18.2-36.1
INVOLUNTARY MANSLAUGHTER/AGGRAVATED
(C)5
$1,000
Felony 3
18.2-51.4
DRIVING WHILE INTOXICATED, MAIMING 1ST
(C)5
$1,000
Felony 6
18.2-51.4
DRIVING WHILE INTOXICATED, MAIMING 2ND
(C)5
$1,000
Felony 6
18.2-51.4
DRIVING WHILE INTOXICATED, MAIMING 3RD OR SUBSEQUENT
(C)5
$1,000
Felony 6
18.2-102
UNAUTHORIZED USE OF MOTOR VEHICLE - FELONY
(C)5
$1,000
Felony 6
18.2-102
UNAUTHORIZED USE OF MOTOR VEHICLE - MISDEMEANOR
(C)4
$300
Misdemeanor 1
18.2-147
ENTER/SET IN MOTION VEHICLE
(C)4
$300
Misdemeanor 1
18.2-266
DRIVING WHILE INTOXICATED, 1ST
(C)3
$750
Misdemeanor 1
18.2-266
DRIVING WHILE INTOXICATED, 2ND
(C)3
$750
Misdemeanor 1
18.2-266
DRIVING WHILE INTOXICATED, 3RD OR SUBSEQUENT
(C)5
$1,000
Felony 6
18.2-266
DRIVING UNDER INFLUENCE DRUGS, 1ST
(C)3
$750
Misdemeanor 1
18.2-266
DRIVING UNDER INFLUENCE DRUGS, 2ND
(C)3
$750
Misdemeanor 1
18.2-266
DRIVING UNDER INFLUENCE DRUGS, 3RD OR SUBSEQUENT
(C)5
$1,000
Felony 6
18.2-266
DRIVING UNDER INFLUENCE DRUGS/ALCOHOL, 1ST
(C)3
$750
Misdemeanor 1
18.2-266
DRIVING UNDER INFLUENCE DRUGS/ALCOHOL, 2ND
(C)3
$750
Misdemeanor 1
18.2-266
DRIVING INFLUENCE DRUGS/ALCOHOL, 3RD OR SUBSEQUENT
(C)5
$1,000
Felony 6
18.2-266.1
DRIVING AFTER ILLEGALLY CONSUMING ALCOHOL/UNDER 21
(C)3
$750
Misdemeanor 3
18.2-268.3
REFUSED BLOOD/BREATH, 2ND OFFENSE
(C)4
$300
Misdemeanor 2
18.2-268.3
REFUSED BLOOD/BREATH, 3RD OFFENSE
(C)4
$300
Misdemeanor 1
18.2-272
OPERATING SUSPENDED/REVOKED BASED UPON 18.2-272
(C)1
$250
Misdemeanor 1
18.2-272
OPERATING SUSPENDED/REVOKED, 3RD IN 10 YRS - FELONY
(C)5
$1,000
Felony 6
18.2-323.1
CONSUMING ALCOHOLIC BEVERAGE WHILE DRIVING
(C)4
$300
Misdemeanor 4
46.2-300
NO DRIVER'S LICENSE - VEHICLE/MOTORCYCLE
(C)4
$300
Misdemeanor 2
46.2-301
DRIVING UNDER REVOCATION OR SUSPENSION
(C)1
$250
Misdemeanor 1
46.2-301.1(E) AUTHORIZE DUI OR HAB OFF/DUI SUSPENDED TO DRIVE
(C)4
$300
Misdemeanor 1
46.2-302
DRIVE SUSPENDED BEFORE PROOF FINANCIAL RESPONS
(C)1
$250
Misdemeanor 1/2
46.2-328
DRIVE WITHOUT LICENSE ENDORSEMENT(S)
(C)4
$300
Misdemeanor 1
46.2-329
OPERATE IN VIOLATION RESTRICTED LICENSE
(C)4
$300
Misdemeanor 2
46.2-335
LEARNER'S PERMIT VIOLATION
(C)4
$300
Misdemeanor 2
46.2-339
OPERATE SCHOOL BUS WITHOUT LICENSE
(C)4
$300
Misdemeanor 2
\46.2-341.6
DRIVE CMV - MORE THAN ONE LICENSE
(C)4
$300
Misdemeanor 2
46.2-341.7
DRIVE CMV WITHOUT LICENSE
(C)4
$300
Misdemeanor 2
46.2-341.7
DRIVE CMV WITHOUT CDL OR PROPER CLASS
(C)4
$300
Misdemeanor 2
46.2-341.10
CDL INSTRUCTION PERMIT VIOLATION
(C)4
$300
Misdemeanor 2
46.2-341.16
OPERATE CMV WITHOUT ENDORSEMENT(S)
(C)4
$300
Misdemeanor 2
46.2-341.19
USE CMV TO DISTRIBUTE CONTROLLED SUBSTANCE
(C)4
$300
Misdemeanor 1
46.2-341.21
VIOLATING OUT OF SERVICE ORDER
(C)1
$250
Misdemeanor 1/2
46.2-341.21
DRIVING CMV WHILE DISQUALIFIED
(C)1
$250
Misdemeanor 1/2
46.2-341.24
DRIVE CMV - BAC .04 OR MORE
(C)3
$750
Misdemeanor 3
46.2-341.25
DRIVE CMV - BAC .08 OR MORE, 1ST
(C)3
$750
Misdemeanor 1
46.2-341.24
DRIVE CMV - BAC .08 OR MORE, 2ND WITHIN 5 YEARS
(C)3
$750
Misdemeanor 1
46.2-341.24
DRIVE CMV - BAC .08 OR MORE, 3RD
(C)3
$750
Misdemeanor 1
46.2-341.24
DRIVE CMV - BAC .08 OR MORE/DRUGS
(C)3
$750
Misdemeanor 1
46.2-341.26
DRIVE CMV UNDER INFLUENCE DRUGS/ALCOHOL, 1ST
(C)3
$750
Misdemeanor 1
46.2-341.24
DRIVE CMV UNDER INFLUENCE DRUGS/ALCOHOL, 2ND
(C)3
$750
Misdemeanor 1
46.2-341.24
DRIVE CMV UNDER INFLUENCE DRUGS/ALCOHOL, 3RD
(C)3
$750
Misdemeanor 1
46.2-341.25
DRIVE CMV UNDER INFLUENCE DRUGS, 1ST
(C)3
$750
Misdemeanor 1
46.2-341.24
DRIVE CMV UNDER INFLUENCE DRUGS, 2ND
(C)3
$750
Misdemeanor 1
46.2-341.24
DRIVE CMV UNDER INFLUENCE DRUGS, 3RD
(C)3
$750
Misdemeanor 1
46.2-346
DRIVER'S LICENSE VIOLATION
(C)4
$300
Misdemeanor 2
46.2-349
PERMIT UNLICENSED PERSON TO DRIVE
(C)4
$300
Misdemeanor 2
46.2-357
OPERATING AFTER DECLARED HAB OFF - MISDEMEANOR
(C)4
$300
Misdemeanor 1
46.2-357
OPERATING AFTER DECLARED HAB OFF - FELONY
(C)5
$1,000
Felony 6
46.2-371
INJURY OR DEATH - FAIL TO NOTIFY POLICE OF ACCIDENT
(C)4
$300
Misdemeanor 4
46.2-391(D) DRIVING WHEN REVOKED FOR DUI/2ND - MISDEMEANOR
(C)1
$250
Misdemeanor 1
46.2-391(D) DRIVING WHEN REVOKED FOR DUI/2ND - FELONY
(C)5
$1,000
Felony 6
46.2-391(D) DRIVING WHEN REVOKED FOR DUI/3RD - MISDEMEANOR
(C)1
$250
Misdemeanor 1
46.2-391(D) DRIVING WHEN REVOKED FOR DUI/3RD - FELONY
(C)5
$1,000
Felony 6
46.2-704
OPERATE OVERWEIGHT OR BEFORE PAYMENT OF FEE
(C)4
$300
Misdemeanor 2
46.2-704
REFUSE TO HAVE VEHICLE WEIGHED
(C)4
$300
Misdemeanor 2
46.2-707
OPERATE OR PERMIT OPERATION UNINSURED MOTOR VEHICLE
(C)4
$300
Misdemeanor 3
46.2-707
KNOWINGLY OPERATE UNINSURED MOTOR VEHICLE
(C)4
$300
Misdemeanor 3
46.2-815
HAUL PROHIBITED CARGO THROUGH TUNNEL
(C)4
$300
Misdemeanor 4
46.2-817
ELUDE POLICE - MISDEMEANOR
(C)4
$300
Misdemeanor 3
46.2-817
ELUDE POLICE - FELONY
(C)5
$1,000
Felony 6
46.2-817
DISREGARD POLICE SIGNAL TO STOP
(C)4
$300
Misdemeanor 3
46.2-817
ATTEMPT TO ELUDE POLICE
(C)4
$300
Misdemeanor 3
46.2-818
STOP VEHICLE TO IMPEDE TRAVEL/BLOCK/DAMAGE
(C)4
$300
Misdemeanor 1
46.2-829
RD - PASS OR OVERTAKE EMERGENCY VEHICLE
(C)4
$300
Misdemeanor 1
46.2-852
RD - GENERALLY - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-852
RD - GENERALLY - FELONY
(C)5
$1,000
Felony 6
46.2-853
RD - OPERATE IMPROPER BRAKES - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-853
RD - OPERATE IMPROPER BRAKES - FELONY
(C)5
$1,000
Felony 6
46.2-853
RD - IMPROPER CONTROL - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-853
RD - IMPROPER CONTROL - FELONY
(C)5
$1,000
Felony 6
46.2-854
RD - PASS ON CREST OF HILL - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-854
RD - PASS ON CREST OF HILL - FELONY
(C)5
$1,000
Felony 6
46.2-855
RD - VIEW OBSTRUCTED - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-855
RD - VIEW OBSTRUCTED - FELONY
(C)5
$1,000
Felony 6
46.2-856
RD - PASS TWO VEH ABREAST - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-856
RD - PASS TWO VEH ABREAST - FELONY
(C)5
$1,000
Felony 6
46.2-857
RD - DR TWO VEH ABREAST - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-857
RD - DR TWO VEH ABREAST - FELONY
(C)5
$1,000
Felony 6
46.2-858
RD - PASS AT RR CROSSING - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-858
RD - PASS AT RR CROSSING-FELONY
(C)5
$1,000
Felony 6
46.2-859
RD - PASS SCHOOL BUS - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-859
RD - PASS SCHOOL BUS - FELONY
(C)5
$1,000
Felony 6
46.2-860
RD - FAIL TO GIVE PROPER SIGNAL - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-860
RD - FAIL TO GIVE PROPER SIGNAL - FELONY
(C)5
$1,000
Felony 6
46.2-861
RD - DRIVE TOO FAST FOR CONDITIONS - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-861
RD - DRIVE TOO FAST FOR CONDITIONS - FELONY
(C)5
$1,000
Felony 6
46.2-862
RD - SPEEDING EXCESS OF 80 MPH - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-862
RD - SPEEDING EXCESS OF 80 MPH - FELONY
(C)5
$1,000
Felony 6
46.2-862
RD - SPEED 20/MORE ABOVE SPEED LIMIT - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-862
RD - SPEED 20/MORE ABOVE SPEED LIMIT - FELONY
(C)5
$1,000
Felony 6
46.2-863
RD - FAIL TO STOP ENTERING HIGHWAY - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-863
RD - FAIL TO STOP ENTERING HIGHWAY - FELONY
(C)5
$1,000
Felony 6
46.2-864
RD - ON PARKING LOTS, ETC - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-864
RD - ON PARKING LOTS, ETC - FELONY
(C)5
$1,000
Felony 6
46.2-865
RD - RACING - MISDEMEANOR
(C)2
$350
Misdemeanor 1
46.2-865
RD - RACING - FELONY
(C)5
$1,000
Felony 6
46.2-865.1
INJURING PERSON/CAUSING DEATH WHILE RACING - FELONY
(C)5
$1,000
Felony 6
46.2-866
AID AND ABET RACING
(C)4
$300
Misdemeanor 1
46.2-868.1
AGGRESSIVE DRIVING
(C)2
$350
Misdemeanor 1
46.2-894
FAIL STOP SCENE ACCIDENT - FELONY
(C)5
$1,000
Felony 5
46.2-894
FAIL STOP SCENE ACCIDENT - MISDEMEANOR
(C)4
$300
Misdemeanor 1
46.2-896
FAIL REPORT ACCIDENT/UNATTENDED PROPERTY/LESS $250
(C)4
$300
Misdemeanor 4
46.2-896
FAIL STOP SCENE ACCIDENT/UNATTENDED PROPERTY
(C)4
$300
Misdemeanor 1
46.2-896
FAIL STOP SCENE ACCIDENT/UNATTEND PROP/EXCESS $500
(C)4
$300
Misdemeanor 1
46.2-909
IMPROPER OPERATION/RIDING MOTORCYCLE
(C)4
$300
Misdemeanor 3
46.2-921.1
EMERGENCY VEHICLE VIOLATION
(C)4
$300
Misdemeanor 1
46.2-933
FAIL STOP FOR PEDESTRIAN WITH WHITE CANE
(C)4
$300
Misdemeanor 3
46.2-1042
OPERATE MOTOR VEHICLE WITH BELOW-STANDARD TIRES
(C)3
$300
Misdemeanor 1
46.2-1077.01
OBSCENE VIDEO IMAGE VISIBLE OUTSIDE VEHICLE
(C)4
$300
Misdemeanor 4
46.2-1086
OPERATE WITH SMOKE SCREEN/FELONY
(C)5
$1,000
Felony 6
46.2-1088.4
OPERATE MOTOR VEHICLE WITH WORKING N2O DEVICE
(C)3
$300
Misdemeanor 3
46.2-1090
OPERATE SCHOOL BUS WITHOUT WARNING DEVICE
(C)3
$300
Misdemeanor 3
46.2-1091
OPERATE SCHOOL BUS TRANSPORT CHILD W/O SAFETY BELT
(C)4
$300
Misdemeanor 3
46.2-1104
EXCESS WEIGHT/HEIGHT/SIZE/SPEED ON RESTRICTED HWY
(C)4
$300
Misdemeanor 2
46.2-1134
FAIL TO DISCONTINUE OPERATING CMV
(C)3
$300
Misdemeanor 4
46.2-1137
REFUSING TO DRIVE TO WEIGH STATION
(C)4
$300
Misdemeanor 4
46.2-1139
VIOLATE HIGHWAY HAUL PERMIT
(C)4
$300
Misdemeanor 1
